Code of Massachusetts Regulations
540 CMR - REGISTRY OF MOTOR VEHICLES
Title 540 CMR 11.00 - Operators License Suspension due To Implied Consent Statute
Section 11.02 - Scope and Applicability
Current through Register 1531, September 27, 2024
(1) Any person who receives notification from the Registrar, or from any Police Department on behalf of the Registrar, advising that his or her operator's license, permit, or right to operate has been suspended for a period of time pursuant to M.G.L. c. 90, § 24(1)(f)(1) by reason of having refused to submit to a chemical test or analysis of his or her breath, or in cases where the operator was brought for treatment to a medical facility pursuant to M.G.L. c. 90, § 24(1)(f)(1) a test of his or her blood, may obtain a hearing in accordance with the procedures outlined in said notice, at the Boston office of the Registry of Motor Vehicles.
(2) For purposes of this hearing, and pursuant to M.G.L. c. 90, § 24(1)(f)(1), the operator shall be deemed to have consented to a breath test, and not a blood test unless brought to a medical facility for treatment. If an operator consents to and completes a breath test requested and administered by a police officer, the operator may elect to obtain a comparison blood test pursuant to M.G.L. c. 90, § 24(1)(e).
(3) An operator desiring such a hearing shall appear at the Registry and submit a formal request for the hearing, on a form which shall be provided at the hearing.
(4) The Registry of Motor Vehicles will compile a record of said hearing, including any testimony or evidence submitted by the operator. It shall be the responsibility of the operator to include any and all relevant testimony in written form for the record. The Registry shall provide forms for witnesses to transcribe their testimony to submit it for inclusion in the record, and shall provide reasonable assistance to facilitate such transcription, should it be requested by the operator. The Registry shall also allow the operator to have the proceeding transcribed or recorded by a court reporter, at the operator's own expense, if he or she so chooses. A copy of any transcription or recording shall be supplied to the Registry and made part of the record of said hearing.
(5) The procedure at any such hearing shall be as follows:
(6) The hearings officer will conclude the hearing once all relevant evidence and applicable case law has been received and reviewed by the hearing officer. The hearing officer shall render a decision within ten business days from the conclusion of the hearing