Section 1.08 - Right to Request a Hearing to Challenge Recommendations(1)Notification. Pursuant to M.G.L. c. 6, § 178L(1)(a), upon completion of the process set forth in 803 CMR 1.06 and 1.07, the Board shall notify the sex offender, in writing, of his or her duty to register, the recommended classification level, and his or her right to request a hearing to challenge the Board's recommendations.(2)Request for a Classification Hearing. At the same time the Board provides the notification pursuant to 803 CMR 1.08(1), the Board shall also provide each sex offender with a form to request a hearing. The completed form must be returned to the Board within 20 calendar days of receipt of the notice sent pursuant to 803 CMR 1.08(1). By requesting a hearing, the sex offender shall be deemed to have expressly rejected the Board's recommendation, and will have thereby agreed to be finally classified pursuant to 803 CMR 1.20 and 1.21.(3)Failure to Request a Classification Hearing. Pursuant to M.G.L. c. 6, § 178L(1)(a), the failure to timely request a hearing shall result in a waiver of the right to a hearing. The recommended registration and classification level shall become the final decision of the Sex Offender Registry Board and shall not be subject to judicial review pursuant to M.G.L. c. 30A. Notification of this final decision shall be accomplished in accordance with 803 CMR 1.23. In addition, law enforcement shall be notified in accordance with 803 CMR 1.25.(4)Sex Offender's Withdrawal of Request for Hearing. A sex offender who has requested a hearing may withdraw his or her request by: (a) providing written notice to the Board at any time prior to the date of his or her scheduled classification hearing; or(b) stating his or her intent to withdraw on the record at the classification hearing prior to any testimony being presented. An offender may not thereafter withdraw his or her request for a hearing except upon approval by the presiding Hearing Examiner. Any withdrawal by the sex offender will be deemed an acceptance of the Board's recommended classification and shall result in a waiver of the right to a hearing. The registration determination and the recommended classification level shall become the final classification of the Sex Offender Registry Board and shall not be subject to judicial review pursuant to M.G.L. c. 30A. Notification of the sex offender's final classification level shall be accomplished in accordance with 803 CMR 1.23. In addition, law enforcement shall be notified in accordance with 803 CMR 1.25.
(5)Board's Withdrawal of Recommended Classification. At any time prior to the date of the scheduled classification hearing, the Board may withdraw its recommended classification of a sex offender upon the receipt of new information of a significant event that occurred after the initial recommended classification that may change the recommended classification level. A "significant event" includes, but is not limited to, such things as: (a) the sex offender was charged or convicted of a new sex offense;(b) the sex offender was charged or convicted of a violent crime;(c) the sex offender violated the terms or conditions of community supervision;(d) the sex offender becomes the subject of a sexually dangerous person petition or has been adjudicated a sexually dangerous person, pursuant to M.G.L. c. 123A; or(e) any judicial determinations that may affect the nature of his or her sex offense history. If the Board withdraws its recommended classification, it must provide written notification to the sex offender that the recommended classification will be re-evaluated based on the new information. The Board shall follow the procedures set forth in 803 CMR 1.06 through 1.08.Amended by Mass Register Issue 1305, eff. 1/29/2016.