DECISION AND ORDER
WILLIAM R. STOKES JUSTICE.
matter before the court is the appeal by Rebekah Karkos, a
lifetime registrant under SORNA of 1999, from the denial of
her application to be relieved of the duty to register. This
appeal has been brought in accordance with 5 M.R.S.
§§11001-11008 (Maine Administrative Procedure Act),
34-A M.R.S. §11202-A(5) and M.R.Civ.P. 80C.
AND PROCEDURAL BACKGROUND
September 8, 1994 the Petitioner was convicted in the Bristol
County Superior Court in the Commonwealth of Massachusetts of
(1) indecent assault and battery on a child under 14, and (2)
rape of a child. As a result, she was required to register
for life under the laws of Massachusetts. In May 2001 the
Maine State Bureau of Identification (Bureau) was notified
that the Petitioner would be moving to Maine but the
notification did not say when. Upon her move to Maine, the
Petitioner was required to register as a sex offender in this
State. 34-A M.R.S. §§11223, 11225-A(4).
Petitioner filed her initial registration under SORNA of 1999
as a lifetime registrant on April 28, 2005. As a lifetime
registrant the Petitioner must provide written verification
to the Bureau every 3 months after the initial registration
and once every 5 years in person. 34-A M.R.S.
§11222(4-B). In addition, at the time of the initial
registration and "on each anniversary of their initial
registration, " a registrant must pay an annual fee of
$25. 34-A M.R.S. §11226.
April 28, 2016 the Petitioner filed an "Application For
Relief From Duty To Register" pursuant to 34-A M.R.S.
§11202-A(1)(A) which, as relevant to her, provides as
.... a person is not required to register under this chapter
if that person submits to the bureau, in a form to be
determined by the bureau, documentation to establish the
following: .... the person was sentenced in another
jurisdiction prior to September 18, 1999, was finally
discharged from the correctional system at least 10 years
prior to submitting documentation to the bureau under this
section and has been in compliance with the registration
duties as a resident required under subchapter 2 since
September 12, 2009.
letter dated June 10, 2016 the Supervisor of the Sex Offender
Registry within the Bureau preliminarily denied the
Petitioner's application on the ground that she had not
been "compliant" with nine separate verification
cycles "due to items being received at the Registry
after the due dates." The Petitioner was informed that
she could submit additional documentation within 30 days to
show that the preliminary denial was incorrect, after which
the denial would become final. The letter also stated that
the Bureau Director (or the Director's designee)
"has no discretion to consider factors not addressed in
the statute." The denial became final on July 13, 2016.
On July 15, 2016 the Petitioner wrote to the Registry to
request reconsideration of the denial. Because the
Petitioner's reconsideration request provided no
additional or new information or documentation, it was
Petitioner's Rule 80C appeal to this court was filed on
August 15, 2016. The agency record was filed on September 8,
2016. The Petitioner's Motion to Take Additional Evidence
pursuant to Rule 80C(e) was filed on September 20, 2016 and
denied on November 2, 2016. On November 14, 2016 (after the
Petitioner had filed her brief) the Respondent filed a Motion
to Modify the Record, informing the court that "[d]ue to
a computer programming error, " the Registry had
"mistakenly believed that the Plaintiff was late nine
times when I fact she was late only four times." The
Respondent's request to remand the case to allow it to
modify the record was granted without objection on November
16, 2016. The following day, November 17, 2016, the
Respondent filed its brief.
March 7, 2016 the Respondent filed an "Amendment to
Record" in which it represented that only three
instances of the Petitioner's failure to comply with her
verification requirement under SORNA 1999 were considered by
the agency and should be reviewed on appeal by this court.
Specifically, in denying the Petitioner's request to be
relieved of the duty to register and verify as a sex
offender, the Respondent considered the following:
1) Plaintiffs annual fee, 34-A M.RS. §11226, is due on
each annual anniversary of her Initial Registration. Her
initial registration was on 4/28/2005. She therefore owed a
$25 fee on 4/28/2011. Plaintiffs check was issued on 8/4/2011
and was received by SBI on 8/8/2011, over 100 days late.
2) Plaintiffs 3 month verification form and photo were due on
1/28/2014 and both were received on 1/31/2014, 3 days late.
3) Plaintiffs 3 month verification form and photo were due on
4/28/2014 and both were received on 4/29/2014, 1 day late.
amended record includes a preliminary denial dated January
12, 2017 and a final denial dated February 14, 2017 based on
the three (3) failures to timely comply with the