Rescheduling the Classification Hearing

(1) Rescheduling by the Board. The Board may change the date, time, or place of the classification hearing. The Board shall send written notification of any changes to the parties. (2) Sex Offender's Request to Reschedule Prior to the Hearing Date. (a) No later than three business days before a scheduled hearing, the offender may request, in writing, that their hearing be rescheduled. The written request must include an affidavit and supporting documentation explaining the reason(s) for the request to reschedule the hearing. A request to reschedule a hearing filed without a supporting affidavit or documentation will be denied. (b) The Director of the Hearings Unit, or their designee, shall rule on all requests to reschedule hearings. (c) In evaluating a sex offender's request to reschedule the hearing, the Board may consider such reasons as the following: 1. The amount of advance notice the sex offender had of the hearing date; 2. The reasons or circumstances provided in the affidavit; 3. The sex offender or their authorized representative's ability to anticipate the circum­ stances which resulted in the request to reschedule the hearing; 4. Delay by the sex offender in notifying the Board of their inability to attend the hearing; and 5. The number of previous requests to reschedule the hearing and the reasons provided in those previous requests. (d) A request to reschedule a hearing based on a scheduling conflict of the sex offender's attorney will not be granted unless the attorney provides an affidavit identifying the following: case name, court and docket number, and the date the court issued its order requiring the attorney to appear. (e) A request to reschedule a hearing based on the unavailability of a witness will not be granted unless the witness's absence was unforeseeable and the offender or their authorized representative demonstrates that the testimony is necessary for a fair hearing. Except as provided for in 803 CMR 1.17, the hearing examiner may grant leave to allow the witness, within a reasonable time, to submit written documents in lieu of live testimony. (3) Incarcerated and Civilly Committed Sex Offenders. In addition to the reasons provided in 803 CMR 1.11(2) in evaluating the sex offender's request to reschedule hearing, the Board shall also consider the following: a. The sex offender's anticipated release date; b. Whether the sex offender has sought parole and status of their parole hearing; c. Whether the sex offender has filed a petition for discharge pursuant to M.G. L. c. 123A, § 9 and status of that petition; or d. Any other information relevant to the sex offender's anticipated release. (4) Allowance of the Request to Reschedule the Hearing. If the Board approves the request to reschedule the hearing, the sex offender shall be notified in writing of the new date, time, and location of the hearing. The Board may provide this notice less than 30 calendar days before the rescheduled hearing date. (5) Denial of the Request to Reschedule the Hearing. In denying the sex offender's request to reschedule, the Board shall provide, in writing, its reason for denying the motion. The hearing will go forward as scheduled pursuant to 803 CMR. 1.10.