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State & Local Government / Hearings

Hearings

Licensees, Registrants, or Host Communities may have the right to a hearing before an independent hearing officer concerning actions taken by, or proposed to be taken by, the Cannabis Control Commission. A notice issued by the Cannabis Control Commission will inform you whether you have a right to a hearing.

How to Request a Hearing

To request a hearing, you must complete a Hearing Request Form and submit it by email to Hearings@CCCMass.com. Your submission must include any Notice or Order to Show Cause served on you by the Cannabis Control Commission about which you are seeking a hearing.

Representation at the Hearing

You may represent yourself or have someone else, such as an attorney, represent you at the hearing. You must submit a Notice of Appearance Form with your Hearing Request Form. If you later decide to change who represents you, you may submit a new Notice of Appearance Form.

Hearing Process

After you have submitted your Hearing Request and Notice of Appearance Forms, a hearing officer will contact you about next steps. In most cases, the hearing officer assigned to your hearing will schedule a pre-hearing conference to discuss your hearing.

Hearings at the Cannabis Control Commission are governed by the Commission’s regulations and by the Standard Rules of Adjudicatory Practice and Procedure.

  • Regulations concerning the Adult Use of Marijuana
    • Sections 935 CMR 500.350 and 500 are especially relevant to hearings.
  • Regulations concerning the Medical Use of Marijuana
    • Sections 935 CMR 501.350 and 500 are especially relevant to hearings.
  • Standard Rules of Adjudicatory Practice and Procedure

Ex parte communications with the hearing officer are strictly prohibited. This means that you may not communicate with the hearing officer when the other party is not present. Similarly, the hearing officer cannot receive written ex parte communications. You must copy the other party on all correspondence and documents that you send to the hearing officer.

Subpoenas

Consistent with M.G.L. c. 30A, section 12 and the Standard Rules of Adjudicatory Practice and Procedure, a party may ask the hearing officer to issue a subpoena to compel witness testimony or to compel the production of evidence, such as documents. A party may also ask a notary public to issue the subpoena.

Any party requesting the issuance of a subpoena should include a draft subpoena using the Subpoena for Testimony and/or Documents Form. All subpoena requests should be simultaneously sent to the hearing officer and the opposing party.

A person who has received a subpoena may petition the hearing officer to vacate or modify the subpoena. The opposing party must be copied on any such petition. The hearing officer may grant the petition in whole or in part upon a finding that the testimony or documents sought are not relevant to any matter in question, or that the subpoena is unreasonable or oppressive or has not been issued a reasonable period in advance of the time when the evidence is requested.

Petitions for Intervention

In certain instances, a third party, such as a Host Community, may petition in writing to intervene in a hearing. Third parties seeking intervention should use a Petition to Intervene Form. The parties to the hearing shall have seven days to file any written responses to the petition for intervention. Additional information about intervention is available at 801 CMR 1.01(9).

Resources

  • Hearing Request Form
  • Notice of Appearance Form
  • Subpoena for Testimony and/or Documents Form
  • Petition to Intervene Form
  • Certificate of Service Template

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