Complainants:

Q: I have filed a complaint, will there be a hearing?

A: Not necessarily. The Department reviews each complaint received and determines whether a hearing is appropriate. If a complaint is improperly filed, the Department may dismiss the complaint.

Q: How will I know if the Department has scheduled a hearing on the complaint I filed?

A: You will be notified in writing if a hearing is scheduled. It is your obligation to ensure that the Department has your current address on file.

Q: How long will it take for the Department to schedule a hearing on my complaint?

A: It depends upon the nature of the complaint. Due to the current backlog of cases the Department currently schedules most hearings within one year of the complaint. Often this process moves more quickly, but please be aware that for some cases it takes longer than one year to schedule a hearing.

Q: I am involved in a civil suit against the respondent. May my attorney accompany me to the hearing?

A: Your attorney may accompany you, however, unlike a civil case, the Department's hearing is to determine what action, if any, is appropriate against the respondent's license or registration. Your testimony and participation in the hearing will aid the Department in making that determination.

Q: What do I need to bring to the hearing?

A: You must bring a valid photo identification card (e.g. driver's license). You should also bring any documents that will be submitted as evidence or serve as part of your argument before the Administrative Hearings Officer

Q: How long after a hearing is a decision made?

A: You will be notified of your decision as soon as promptly and administratively feasible.

Q: How will I be notified of the decision?

A: The Department will notify you of the decision by mail. It is your responsibility to notify the Department of a change in address. See G.L. c. 30A, §11(8) at www.mass.gov/legis.

Respondents:

Q: There has been a complaint filed against me, will there be a hearing?

A: Not necessarily. The Department reviews each complaint received and determines whether a hearing is appropriate. If a complaint is improperly filed, the Department may deny the hearing and dismiss the complaint.

Q: How will I know if the Department has scheduled a hearing on my license?

A: You will be notified in writing if a hearing is scheduled. It is your obligation to ensure that the Department has your current address on file. Failure to notify the Department of a change in address may result in problems delivering the notification of a hearing and a default judgment issuing against you for failure to appear at the hearing.

Q: How long will it take for the Department to schedule a hearing after receiving a complaint?

A: It depends upon the nature of the complaint. Due to the current backlog of cases the Department currently schedules most hearings within one year of the complaint. Oftentimes this process moves more quickly, but please be aware that for some cases it takes longer than one year to schedule a hearing.

Q: May I be represented by an attorney?

A: Yes. Your attorney must file a written notice with the agency, as well as facsimile number and e-mail address if available. See 801 CMR 1.02(3)(a) & (b).

Q: What do I need to bring to the hearing?

A: You must bring a valid photo identification card (e.g. driver's license), and your Department issued license. You should also bring any documents that will be submitted as evidence or serve as part of your argument before the Administrative Hearings Officer.

Q: How long after a hearing is a decision made?

A: You will be notified of your decision as soon as promptly and administratively feasible.

Q: What action could result from the hearing?

A: Based on the Hearing Officer's decision, the Department will determine whether to take no action; issue a letter of reprimand; revoke or suspend your license,or, in some cases, the Department may assess a fine

Q: How will I be notified of the decision?

A: The Department will notify you of the decision by mail. . It is your responsibility to notify the Department of a change in address. M.G.L. c. 30A, §11(8), available at www.mass.gov/legis.