Classification Hearings

(1) Scope of the Classification Hearing. The hearing shall be a de novo review of the evidence and be limited to determining, by clear and convincing evidence, the sex offender's duty to register and, if applicable, the sex offender's final classification level. Subsidiary facts need only be proven by a preponderance of the evidence. The Board shall bear the burden of proof. (2) Closed to Public. Hearings held by the Board are not open to the public. For purposes of 803 CMR 1.14(2), correctional staff required by the facility to be present at the hearing shall not be considered members of the public. (3) The hearing may be conducted via video conference. (4) Conduct of the Hearing. The hearing examiner shall govern the conduct of every phase of the hearing, including, but not limited to, the interpretation and construction of 803 CMR 1.00 and the conduct of all parties. All parties, authorized representatives, witnesses and other persons present shall conduct themselves in a professional manner consistent with the standards of decorum commonly observed in the courts of the Commonwealth. If a party's conduct interferes with the orderly presentation of the evidence, the hearing examiner may take any appropriate action, including, but not limited to, continuing the hearing in the absence of the offending participant and rendering a decision based on the evidence admitted. (5) Order of Presentation. Unless otherwise determined by the hearing examiner, the Board proceeds first at all stages in the hearing, except that the Board proceeds last with its closing argument. (6) Swearing in of Witnesses. A witness's testimony shall be under oath or affirmation, administered by the hearing examiner.