Code of Massachusetts Regulations › 703 CMR - MASSACHUSETTS BAY TRANSPORTATION AUTHORITY (MBTA) › Title 703 CMR 5.00 - Fare Evasion › Section 5.05 - Hearings and Appeals

Current through Register 1525, July 5, 2024
Within 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.