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John Doe, Sex Offender Registry Board No. 941 vs. Sex Offender Registry Board Opinion Summary: This case arose when defendant, a sex offender, was notified by the Sex Offender Registry Board (Board) on July 3, 2008, that he had been recommended for reclassification as a level three sex offender where defendant had been classified as a level two sex offender since 2004. At issue was whether the board had the authority to promulgate a regulation declaring that a sex offender waived the right to a classification hearing by failing to appear at that hearing without good cause. The court held that because the Legislature specified only that the classification hearing was waived where the sex offender did not timely request a hearing, the board lacked the authority to declare the hearing waived where a sex offender requested a hearing and the sex offender's attorney was present at that hearing.

John DOE, Sex Offender Registry Board No. 941 vs. SEX OFFENDER REGISTRY BOARD. SJC-10803. April 5, 2011. - August 5, 2011. Sex Offender. Sex Offender Registration and Community Notification Act. Administrative Law, Hearing. Due Process of Law, Hearing. Constitutional Law, Sex offender, Right to hearing, Waiver of constitutional rights. CIVIL ACTION commenced in the Superior Court Department on February 26, 2009. The case was heard by Leila R. Kern, J., on motions for judgment on the pleadings. The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court. Michael A. Nam-Krane for the plaintiff. Jennifer K. Zalnasky (Beatriz E. Van Meek, Special Assistant Attorney General, with her) for the defendant. Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, & Duffly, JJ. GANTS, J. This case raises the question whether the Sex Offender Registry Board (board) had the authority to promulgate a regulation declaring that a sex offender waives the right to a classification hearing by failing to appear at that hearing without good cause. Because the Legislature specified only that the classification hearing is waived where the sex offender does not timely request a hearing, we conclude that the board lacked the authority to declare the hearing waived where a sex offender requests a hearing and the sex offender's attorney is present at that hearing. Background. Under G.L. c. 6,

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Massachusetts Law