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 1.22 - Administrative Record
Universal Citation: 803 MA Code of Regs 803.1
Current through Register 1518, March 29, 2024
(1) General Principles. Pursuant to M.G.L. c. 30A, § 11(4), all documents, testimony and other evidence offered and accepted into evidence by the Hearing Examiner shall become part of the administrative record. For purposes of judicial review, the record shall include the Hearing Examiner's final decision issued pursuant to 803 CMR 1.20.
(2) Excluded Evidence. Any evidence offered at the hearing, but not accepted by the Hearing Examiner will be marked for identification purposes only and be included in the record.
(3) Transcript of Hearing.
(a) All evidence and testimony at the hearing
will be recorded electronically, digitally, stenographically, or by any other
recording device deemed necessary or appropriate by the Board, in its
discretion. The Board shall incur the cost of recording. Pursuant to M.G.L. c.
30A, § 11(6), transcripts will be made and supplied to the sex offender or
his or her authorized representative, upon written request, at the offender's
expense, and in accordance with any procedures the Board may establish. Upon
written request, a sex offender who has been determined to be indigent for the
classification hearing shall receive a transcript at no cost.
(b) Corrections to the transcript are
permitted at the discretion of the Hearing Examiner. The Hearing Examiner may
accept corrections by agreement of the parties, or if the parties cannot agree,
the Hearing Examiner may accept recommended corrections from each party to
determine what corrections, if any, are necessary.
(4) The administrative record is not available to the public.
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