Section 1.09 - Representation at Classification Hearing(1)Notification. Pursuant to M.G.L. c. 6, § 178L(1)(a), the Board shall notify the sex offender that at the classification hearing he or she has the right to represent himself or herself; the right to retain private counsel to represent him or her at his or her hearing; the right to have an authorized representative, other than an attorney, represent him or her at the hearing; and the right to have counsel appointed for him or her if he or she is found indigent, as determined by the Board pursuant to M.G.L. c. 211D.(2)Right to Counsel if Indigent. At the same time the Board provides notice pursuant to 803 CMR 1.09(1), the Board shall also provide the sex offender with the requisite forms to be completed if the sex offender claims to be indigent and requests the appointment of counsel. All forms must be completed and mailed to the Board within 20 calendar days of receipt. (a) If the Board has determined that the sex offender is indigent and thus entitled to the appointment of counsel pursuant to M.G.L. c. 211D, the sex offender and CPCS shall be notified in writing that he or she has satisfied the requirements to have an attorney represent him or her at the hearing.(b) If the Board has determined that the sex offender is not entitled to the appointment of counsel pursuant to M.G.L. c. 211D, the sex offender shall be notified in writing that he or she will not have an attorney appointed to represent him or her. The sex offender shall further be notified that he or she may retain private counsel; that he or she may have an authorized representative; or he or she may represent himself or herself at the hearing.(3)Juvenile Offenders. All sex offenders who are juveniles at the time of notification of the hearing shall be represented by counsel at the hearing. Any offender who is a juvenile at the time of the notification and who has not retained counsel is entitled to appointment of counsel.(4)Notice of Appearance. A written notice of appearance must be submitted to the Board at least ten calendar days prior to the scheduled hearing date. The notice must include the name, address, telephone number, Board of Bar Overseers number, if applicable, and signature of the authorized representative, as well as the name and sex offender number of the offender he or she will be representing. If the authorized representative is not an attorney, he or she shall also submit a written authorization signed and dated by the sex offender.(5)Self-representation. The sex offender may represent himself or herself at the hearing. The Hearing Examiner shall require the offender to sign a statement, or affirm under oath in the case of video-conference hearings, that he or she has been informed of his or her right to have representation and that he or she has knowingly and voluntarily waived that right. The sex offender representing himself or herself shall be placed under oath by the Hearing Examiner at the beginning of the hearing.(6)Notice of Withdrawal. If an authorized representative is no longer representing the sex offender, the authorized representative must file a written notice of withdrawal with the Board. An authorized representative who is an attorney shall not be permitted to withdraw his or her appearance on the day of the scheduled hearing unless successor counsel is present and prepared to proceed with the hearing or the offender is prepared to proceed by representing himself or herself, or another authorized representative is present and prepared to proceed with the hearing.(7) An authorized representative may not testify as a witness at the hearing.(8) The Board may have a staff person or an attorney represent it at the hearing. These individuals shall have the status of a party.Amended by Mass Register Issue 1305, eff. 1/29/2016.