Section 6-A402. DISPUTE RESOLUTION

 

402.1A person, other than a person for whom a certification has been made by the Court under subsection 401.4 of these rules, may seek review of a determination by the Agency concerning that person’s status as a sex offender as authorized by the dispute resolution procedure of section 5(a) of the Act. The authorized scope of review under the dispute resolution procedure of section 5(a) of the Act includes review of the Agency’s classification of a person as a Class A, Class B, or Class C offender for purposes of notification, as well as review of the Agency’s classification of the person as a lifetime registrant or registrant for a limited period.

 

402.2Regardless of whether review is sought by a person under this section with respect to the Agency’s determination that the person must register, the Agency’s determination of the person’s registration classification, the Agency’s determination of the person’s notification classification, or any combination of these determinations, the availability of review is subject to the limitations set forth in section 5(a) of the Act, including the limitations that:

 

(a)the dispute resolution procedure is not available to a person if the Court has already made a determination concerning the person’s status as a sex offender;

 

(b)the dispute resolution procedure is not available to a person unless the Agency’s determination depends on a finding or findings which are not apparent from the disposition described in section 2(3)(A) of the Act, or the person asserts that the records establishing a pertinent disposition described in section 2(3)(A) of the Act are erroneous;

 

(c)a person seeking review must provide notice of intent to seek review when first informed by the Agency of its determination and must, within 30 calendar days, file a motion in the Court setting forth the disputed facts and attaching any documents or affidavits upon which the person intends to rely; and

 

(d)a person who fails to comply with the requirements described in paragraph (c) of this subsection may seek review of the Agency’s determination only in conformity with the limitations described in paragraphs (a)-(b) of this subsection, and only for good cause shown and to prevent manifest injustice, by filing a motion in the Court within three years of first being informed by the Agency of the determination, and the release and dissemination of information concerning the person, including community notification, shall proceed during the pendency of such a motion before the Court.

 

source

Final rulemaking published at 47 DCR 1511 (March 10, 2000); as Emergency rulemaking published at 47 DCR 7940(September 29, 2000) [EXPIRED]; as Final Rulemaking published at 47 DCR 10042 (December 22, 2000).