216 R.I. Code R. 216-RICR-10-05-3.3

Current through December 26, 2024

Section 216-RICR-10-05-3.3 - Procedures Governing Applications for Awards of Reasonable Litigation Expenses

A. All claims for an award of reasonable litigation expenses shall be made on forms provided by the Department and shall be filed with the adjudicative officer within thirty (30) days of the date of the conclusion of the adjudicatory proceeding which gives rise to the right to recover such an award. The adjudicatory proceeding shall be deemed to be concluded as of the date:

1. The adjudicative officer renders a written ruling or decision in connection therewith;

2. The Department terminates or disposes of it; or

3. Any other act occurs that brings finality to it.

B. The adjudicative officer may, in his or her discretion, permit a party to file a claim after the filing deadline provided in § 3.3(A) of this Part upon a showing of proof and finding by such adjudicative officer that good and sufficient cause exists for allowing a claim to be so filed.

C. All claims filed hereunder shall be submitted on the approved application form pursuant to § 3.3(A) of this Part. All claims must be delivered to the adjudicative officer no later than thirty (30) days from the date of the conclusion of the adjudicatory proceeding. Such claims must contain the following information:

1. A summary of the legal and factual bases for filing the claim;

2. A list of witnesses, if any, that the claimant expects to call to substantiate the claim if a separate hearing on said claim is conducted by the Department;

3. A detailed breakdown of the reasonable litigation expenses incurred by the party in the adjudicatory proceeding, including copies of invoices, bills, affidavits, or other documents, all of which may be supplemented or modified at any time prior to the issuance of a final decision on the claim by the adjudicative officer; and

4. A sworn affidavit attesting to the accuracy and truthfulness of the statements and information contained in the claim, and/or filed in support thereof. In this affidavit, the claimant must also attest that the legal fee time amounts were contemporaneously kept and that attempts were made to minimize the time spent.

216 R.I. Code R. 216-RICR-10-05-3.3

Amended effective 4/14/2020