Administrative Record

(1) General Principles. Pursuant to M.G.L. c. 30A, § 11(4), all pleadings and documents marked for identification, testimony, and evidence offered and accepted into evidence by the hearing examiner shall become part of the administrative record. For purposes of judicial review, the record shall include the hearing examiner's final decision issued pursuant to 803 CMR 1.20. (2) Excluded Evidence. Any evidence offered at the hearing, but not accepted by the hearing examiner will be marked for identification purposes only and be included in the record. (3) Transcript of Hearing. (a) All evidence and testimony at the hearing will be recorded electronically, digitally, stenographically, or by any other recording device deemed necessary or appropriate by the Board, in its discretion. The Board shall incur the cost of recording. Pursuant to M.G.L. c. 30A, § 11(6), transcripts will be made and supplied to the sex offender or their authorized representative, upon written request, at the offender's expense, and in accordance with any procedures the Board may establish. Upon written request, a sex offender who has been determined to be indigent for the classification hearing shall receive a transcript at no cost. (b) Corrections to the transcript are permitted at the discretion of the hearing examiner. The hearing examiner may accept corrections by agreement of the parties, or if the parties cannot agree, the hearing examiner may accept recommended corrections from each party to determine what corrections, if any, are necessary. (4) The administrative record is not available to the public.