Commonwealth v. Maker, 459 Mass. 46

Defendant, a finally classified level 3 sex offender, released from incarceration and homeless in Boston.
Board informed by regulation 803 Code Mass. Regs. § 1.04(7)(b) that level 2/3 offenders must report in person within two days of release.
Regulation added to existing statutory registration scheme; defendant failed to report and was convicted under G. L. c. 6, § 178H.
Board sought to enforce the regulation to require post-release in-person verification for incarcerated offenders.
The court asked whether the regulation exceeds the board’s statutory authority; the court found it does.
Court vacated defendant’s sentence and conviction and remanded for further proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the board had authority to enact § 1.04(7)(b).	Commonwealth contends regulation fills regulatory gaps.	Commonwealth argues regulation within board’s power to implement statute.	No; regulation exceeds authority and is invalid.
Whether failure to comply with § 1.04(7)(b) violates § 178H.	Commonwealth asserts violation of registration statutes.	Defendant argues regulation improperly creates new obligation.	No; regulation invalid, no statutory violation found.

Doe, Sex Offender Registry Bd. No. 3844 v. Sex Offender Registry Bd., 447 Mass. 768 (Mass. 2006) (regulations presumptively valid but must be authorized by statute)
Roe v. Attorney Gen., 434 Mass. 418 (Mass. 2001) (statutory framework governs registry and duties)
Morey v. Martha’s Vineyard Comm’n, 409 Mass. 813 (Mass. 1991) (agency may act only within powers granted by statute)
Grocery Mfrs. of Am., Inc. v. Department of Pub. Health, 379 Mass. 70 (Mass. 1979) (look to statute as a whole to determine agency power)