103 Mass. Reg. 904.03

Current through Register 1523, June 7, 2024
Section 904.03 - Request for Hearing
(1) The Sheriff/facility administrator served with a notice of non-compliance in accordance with 103 CMR 904.01 shall have a right to a hearing before the Commissioner or his designee regarding the contents of such notice. The request for a hearing shall be filed within 30 days after receipt of the notice of non-compliance, and may be included in the response to such notice required by 103 CMR 904.02.
(2) The Commissioner may schedule a hearing regarding a notice of non-compliance at which time the Sheriff/facility administrator may present evidence regarding the contents of the notice of non-compliance. The Commissioner may include a notice of scheduling of a hearing in the notice of non-compliance, and shall serve a notice of such hearing to the Sheriff either within ten working days of service of the notice of non-compliance, or within ten working days following receipt of the response required by 103 CMR 904.02.
(3) The hearing shall be scheduled on a date not more than 30 days following a request thereof or notice thereof in accordance with 103 CMR 904.01 and 904.02.
(4) Hearings may be continued by stipulation or for good cause, in the Commissioner's discretion.

103 CMR 904.03