Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 904.00 - County Correctional Facilities - Enforcement Procedures
Section 904.03 - Request for Hearing

Universal Citation: 103 MA Code of Regs 103.904

Current through Register 1531, September 27, 2024

(1) The Sheriff/facility administrator served with a notice of non-compliance in accordance with 103 CMR 904.01 shall have a right to a hearing before the Commissioner or his designee regarding the contents of such notice. The request for a hearing shall be filed within 30 days after receipt of the notice of non-compliance, and may be included in the response to such notice required by 103 CMR 904.02.

(2) The Commissioner may schedule a hearing regarding a notice of non-compliance at which time the Sheriff/facility administrator may present evidence regarding the contents of the notice of non-compliance. The Commissioner may include a notice of scheduling of a hearing in the notice of non-compliance, and shall serve a notice of such hearing to the Sheriff either within ten working days of service of the notice of non-compliance, or within ten working days following receipt of the response required by 103 CMR 904.02.

(3) The hearing shall be scheduled on a date not more than 30 days following a request thereof or notice thereof in accordance with 103 CMR 904.01 and 904.02.

(4) Hearings may be continued by stipulation or for good cause, in the Commissioner's discretion.

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