DOE, SEX OFFENDER REGISTRY BOARD NO. 941 v. SEX OFFENDER REGISTRY BOARD

SJC-10803.

460 Mass. 336 (2011)

JOHN DOE, SEX OFFENDER REGISTRY BOARD No. 941 v. SEX OFFENDER REGISTRY BOARD.

Supreme Judicial Court of Massachusetts, Middlesex.

August 5, 2011.


Attorney(s) appearing for the Case

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...

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