803 Mass. Reg. 1.20 : — DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICESSex Offender Registry Board, Registration, Classification and Dissemination — Hearing Examiner's Final Decision

(1) Written Decision. Pursuant to M.G.L. c. 30A, § 11(7) and (8), after the classification hearing the Hearing Examiner shall issue a final written decision containing the following:

(a) statement of the issues involved in the hearing;

(b) summary and analysis of the evidence, including credibility and reliability determinations, as needed;

(c) specific findings of fact on all relevant disputed factual matters;

(d) rulings of law on all relevant disputed legal issues;

(e) conclusions drawn from the findings of fact and rulings of law which form the basis of the final registration determination and classification level; and

(f) final registration determination and classification level.

For purposes of judicial review, pursuant to M.G.L. c. 30A and M.G.L. c. 6, § 178M, the Hearing Examiner's final written decision shall be considered the final agency action.

(2) The Hearing Examiner may maintain, decrease, or increase the Board's recommended classification level in reaching his or her final decision. The Hearing Examiner shall consider the relevant and credible evidence and reasonable inferences derived therefrom to determine:

(a) the offender's risk of reoffense;

(b) the offender's dangerousness as a function of the severity and extent of harm the offender would present to the public in the event of reoffense; and

(c) in consideration of the foregoing, whether and to what degree public access to the offender's personal and sex offender information, pursuant to M.G.L. c. 6, § 178K, is in the interest of public safety.

(3) Relief from Registration. In a manner consistent with M.G.L. c. 6, § 178K(2)(d) and 803 CMR 1.29, the Hearing Examiner may find that the offender has no obligation to register as a sex offender. The Hearing Examiner shall make written findings providing reasons for relieving the sex offender from his or her duty to register.

(4) Unavailable Hearing Examiner. If the Hearing Examiner becomes unavailable before completing his or her decision, the Chair or the Chair's designee shall appoint a successor to assume the case and render the decision. If the presentation of evidence has been completed and the record is closed, the successor shall decide the case on the basis of the record, unless testimony was taken. In those cases, the hearing shall be reconvened before the successor examiner for taking of the testimony again. If the evidence portion of the hearing has not been completed when the successor is assigned, the successor may either proceed with the hearing where it left off or require the presentation of evidence from the beginning. If the successor proceeds with the hearing where it left off, the Board shall provide the successor and the parties with a copy of the transcript, or completed portions thereof, without cost.

803 CMR 1.20

Amended by Mass Register Issue 1305, eff. 1/29/2016.