Doe v. Sex Offender Registry Board

This case raises the question whether the Sex Offender Registry Board (board) had the authority to promulgate a regulation declaring that a sex offender waives the right to a classification hearing by failing to appear at that hearing without good cause. Because the Legislature specified only that the classification hearing is waived where the sex offender does not timely request a hearing, we conclude that the board lacked the authority to declare the hearing waived where a sex offender requests a hearing and the sex offender’s attorney is present at that hearing.

*337Background. Under G. L. c.…