Section 9.05 - Hearing RequirementsThe following procedures shall apply to hearings under 540 CMR 9.00:
(1)Notice. The Registrar shall send the applicant notice, which shall include the reason or reasons for the action, the person's opportunity for hearing, the date and time if a hearing time has been designated, and any obligations imposed on the applicant.(2)Representation. The applicant shall have the right to be represented by counsel or by any other responsible adult if he or she so chooses, but the applicant must accompany the representative to the hearing unless the Registrar waives this requirement for good cause.(3)Recording. The applicant may record the hearing at his or her own expense by any means he or she chooses that will not substantially interfere with the proceedings. Upon request, the Registrar shall be entitled to a copy of the recording at the Registrar's expense. If the copy is in the form of a transcription, the cost per page shall be no greater than the cost per page mandated in the Secretary of State's regulations for the copying of public records.(4)Documentary Evidence. The applicant shall be entitled to examine all documentary evidence to be used against the applicant in the Registry's possession during normal business hours or at the hearing, and to copy such documents at the applicant's expense. The cost per page shall be no greater than the cost mandated in the Secretary of State's regulations for the copying of public records.(6)Testimonial Evidence. The applicant shall have the right to present his or her own evidence and witnesses and to cross-examine those testifying against him or her. The Registrar may rely solely on official documents, reports, court records, transcripts or abstracts, or other documentary evidence. The applicant may, at least two business days prior to the hearing, contact the appropriate Registry official to ascertain the identities of any witnesses the Registry plans to call to testify. Subpoenas may be issued pursuant to the provisions of the Administrative Procedures Act.(7)Decision. Unless the Registrar determines that further investigation is necessary he or she shall make a final decision within ten business days of the conclusion of the hearing. For purposes of 540 CMR 9.05(7), business days shall be Monday through Friday, exclusive of legal holidays on which the main office of the Registry of Motor Vehicles is closed. The decision of the Registrar shall be based on the preponderance of the credible evidence presented at the hearing. The Registrar shall commit the decision to writing, with a short and concise statement of reasons for the decision, and furnish a copy to the applicant.
Amended by Mass Register Issue 1360, eff. 3/9/2018.