Section 5.05 - Hearings and AppealsWithin 60 calendar days of being issued a Noncriminal Citation, the person to whom the Noncriminal Citation is issued must make one of the following responses: pay the fine indicated as provided by 703 CMR 5.05(1); appeal by mail or electronic means as provided for on the citation pursuant to 703 CMR 5.04(2); or request a hearing as provided by 703 CMR 5.05(3).
(1)Payment of Fine. The recipient of a Noncriminal Citation shall pay the assessed fine as specified in the citation. Payment shall be received by the Authority by the due date listed on the Noncriminal Citation and in the manner described on the citation.(2)Appeal of Noncriminal Citation. A person to whom a Noncriminal Citation is issued may, without waiving the right to a hearing as provided by 703 CMR 5.05(3), and without waiving judicial review as provided by M.G.L. c. 30A, § 14, appeal in writing by mail or by electronic means a Noncriminal Citation and receive a review and disposition of the citation from the MBTA. The appeal must contain a signed statement from the recipient explaining the basis for the appeal. The signed statement may be accompanied by signed statements from witnesses, police officers, government officials or other relevant parties, or photographs, video, diagrams, maps or other relevant documents that the recipient determines to submit. Statements or materials sent to the MBTA for review must have attached to them the name and address of the recipient as well as the number of the Noncriminal Citation and the date of the citation. All information submitted by the recipient will become part of the citation record. Appeals submitted by mail or by electronic means must be received by the MBTA by the due date listed on the Noncriminal Citation to be considered. The MBTA shall, within 60 days of receipt of such material, review the material and dismiss or uphold the citation and notify the recipient of the disposition of the appeal, in writing by mail or email. If the appeal is denied, the MBTA shall provide a written explanation of the reason for the determination. The review and disposition handled by mail or electronic means is informal, the rules of evidence do not apply, and the decision of the MBTA is final, subject to the hearing provisions provided by 703 CMR 5.05(3) and to judicial review as provided by M.G.L. c. 30A, § 14.(3)Request for Hearing. Consistent with the provisions of M.G.L. c. 30A, a person issued a Noncriminal Citation may make a written request for an appeal hearing before a Hearings Officer designated by the MBTA. Requests for a hearing shall be received by the MBTA by the due date listed on the Noncriminal Citation. The MBTA will notify the recipient in writing of the date, time, and place of the hearing. The hearing may be in person or virtual, via videoconference or similar method. The hearing is informal, the rules of evidence do not apply, and the decision of the Hearings Officer is final, subject to judicial review as provided by M.G.L. c. 30A, § 14. Parties will be notified by mail, email or in person, of the decision following the hearing. Each written appeal decision will contain a statement of reasons for the decision, including a determination of each issue of fact necessary to the decision. Appeal decisions shall inform the appellant that judicial review is available as provided by M.G.L. c. 30A, § 14. Failure to appear at the date, time, and place specified on the hearing notice automatically will result in the denial of the appeal. Adopted by Mass Register Issue 1484, eff. 12/9/2022.