The Mass. RMV Hearing Process

If you are required to attend a hearing at the Driver Control Unit of the Massachusetts Registry of Motor Vehicles (RMV) due to a driver’s license suspension, revocation, or reinstatement, it is essential to understand your legal rights and the hearing procedures.

Your Rights at an RMV Hearing

One of the most critical legal rights you have at an RMV hearing is the right to be represented by an attorney. While hiring a lawyer does not exempt you from appearing in person unless explicitly waived by the hearing officer, legal representation can significantly improve your chances of a favorable outcome given the complexities of the process.

During the hearing, you have the right to present documentary evidence, call witnesses, cross-examine adverse witnesses, and testify on your own behalf. Additionally, you have the right to examine and copy any documentary evidence in the Registry’s possession during normal business hours. If necessary, subpoenas may be issued in accordance with G.L. c. 30A § 12.

Hearings may be recorded as long as the recording does not interfere with the proceedings. If you choose to record, you are responsible for all associated costs and must provide a copy to the Registrar upon request. The RMV electronically records all ignition interlock violation hearings, which can result in 10-year license revocations.

The RMV Hearing Process

To initiate a hearing, you must complete and sign a numbered RMV hearing form. Submit this form at the hearings desk on the 4th floor of the Boston RMV. Customers are generally called in order based on their hearing form number, but delays can occur if additional records from courts or other RMV departments are needed. At times, customers may be called out of order, and the RMV appreciates patience during the process.

To expedite the process, ensure that you have all necessary documents ready before your hearing. The use of cell phones is prohibited in the hearing waiting area, and restrooms are available on the 1st and 2nd floors of the RMV building.

Decision Timeline and Appeals

Once the evidentiary record is closed, the RMV is required to issue a decision within 10 business days. However, this period does not necessarily start immediately after the hearing. The hearing officer may keep the record open to receive additional documents, such as court records or motor vehicle reports from other states.

If you disagree with an RMV decision, you have the right to appeal to the Division of Insurance, Board of Appeal, under G.L. c. 90 § 28. The Board has the authority to reverse, modify, or vacate RMV decisions. Given the legal complexities, professional legal representation is strongly recommended when appealing an RMV decision.

Final Thoughts

Having conducted numerous hearings at the Boston Registry, I can attest that RMV hearing officers work diligently to review cases thoroughly. While the waiting process may seem slow, officers are required to verify multiple databases and carefully analyze driving and court records. Their goal is to ensure accuracy while striving to provide good customer service and make the hearing process as smooth as possible for all involved.

Facing an RMV hearing? Call (508) 625-5776 today to discuss your case in detail.