Code of Massachusetts Regulations
803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES
Title 803 CMR 1.00 - Sex Offender Registry Board, Registration, Classification and Dissemination
Section 1.21 - Hearing Examiner's Decision as the Final Sex Offender Registry Board Decision
Current through Register 1531, September 27, 2024
(1) The Hearing Examiner's decision shall be the final Sex Offender Registry Board decision, except as expressly provided in 803 CMR 1.16(6) and (7) and 1.21.
(2) Judicial review, pursuant to M.G.L. c. 30A, § 14, is not available to the Board to correct errors in a Hearing Examiner's decision. Pursuant to 803 CMR 1.21, the Board shall be authorized to review a Hearing Examiner's final decision or any finding or ruling within the final decision on its own initiative or upon request by the Board's General Counsel, when any of the following grounds are presented:
(3) To request a review of a Hearing Examiner's decision, the Board's General Counsel or the General Counsel's designee shall file a written request for review.
(4) If the Board grants review, the classification hearing shall be deemed re-opened. The Board may decide the issue based solely on the written request for review and the offender's response, if any, or may direct the parties to file additional memoranda of law before deciding the issue or issues before it. The majority of the Board's sitting members shall determine whether the Hearing Examiner's final decision was in error. The Board shall issue a written decision and shall notify the parties of its decision pursuant to 803 CMR 1.23(1). If the Board finds no error, the Hearing Examiner's decision shall become final. Notice of the Board's finding shall be made pursuant to 803 CMR 1.23(1). The date that the notice is received by the offender or his or her authorized representative shall govern the time for filing a petition for judicial review, the time for registration and the dissemination of offender information as mandated by the sex offender registry laws.
(5) If the Board determines that the Hearing Examiner's decision was in error, in whole or in part, the Board shall proceed in one of two ways:
(6) The Board's General Counsel or General Counsel's designee may file a written request for Board review of the Hearing Examiner's new decision if, in the opinion of the General Counsel or the General Counsel's designee, the Hearing Examiner's new decision fails to correct the error or errors that caused the decision to be remanded or if the new decision contains additional errors that meet the criteria of 803 CMR 1.21(2). The same process set forth in 803 CMR 1.21(3) shall apply if a written request for review is submitted by the General Counsel or General Counsel's designee at this stage.
(7) All documents considered by the Board during the review process described in 803 CMR 1.20 shall be included in the record that is filed by the Board's attorney in any judicial review case initiated pursuant to M.G.L. c. 30A, § 14.