Section 230-RICR-10-00-2.15 - Conduct of HearingsA. General. Hearings shall be as informal as may be reasonable and appropriate under the circumstances. All Parties, witnesses and other Persons at a hearing shall conduct themselves in a manner consistent with the standards of decorum commonly observed in a courtroom. Where such decorum is not observed, the Presiding Officer may take appropriate action including ejectment or adjournment, if necessary. Hearings and status conferences may be held remotely in accordance with § 2.15(K) of this Part.B. Duties of Presiding Officer. The Presiding Officer shall conduct the hearing, make all decisions regarding admission or exclusion of evidence or any other procedural matters and either administer oaths to all witnesses or ask the stenographer to do so.C. Order of Proceedings. Except as otherwise required by law, it shall be the usual practice that the Department shall open. Where evidence is peculiarly within the knowledge of one Party, or in cases in which Contested Cases have been consolidated or where there are multiple Parties, the Presiding Officer may, in their discretion, direct who shall open and shall further designate the order of presentation.D. Rights of Parties. Parties shall have the right to present evidence, crossexamine witnesses, object, make motions and present arguments.E. Record of Proceedings.1. A complete record of the proceedings shall be recorded by either audio or video. At the discretion of the Presiding Officer the proceeding may be recorded by stenographic record. In the event the Presiding Officer orders a stenographic record, the Presiding Officer shall declare which Party or Parties shall bear the cost thereof. Any Party may on its own initiative order a stenographic record made of the proceedings. The requesting Party shall incur all costs associated therewith and provide a copy of the original stenographic record, at no cost, to the Presiding Officer. When the stenographic record is requested by the Respondent, a copy shall be provided to the Department Counsel at no cost to the Department. Any Party may request a copy of the audio or video recording of the proceedings. The requesting Party shall bear the cost thereof.2. If a Party chooses to appeal a final Departmental decision to Superior Court pursuant to the APA and the Superior Court requires a transcript of the hearing, said appealing Party shall be responsible for having the transcript prepared in a manner acceptable to the Superior Court at the appealing Party's expense within twenty (20) days of filing the appeal.F. Public Hearings. Except as required by law, all hearings are to be open to the public, whether held in person or by remote means as approved by the Presiding Officer. In general, any Person who is not a Party to a proceeding may, in the discretion of the Presiding Officer, be permitted to make oral or submit written statements on any issues relevant to the proceeding.G. Close of Proceedings. At the conclusion of the evidence, the Presiding Officer may, in their discretion, permit and/or require the Parties to argue orally and/or to submit written briefs. The Presiding Officer may, within their discretion, direct that proposed findings of fact and conclusions of law be submitted by the Parties. The record in the proceeding shall close after oral argument, the deadline for the filing of the briefs or upon such date as may be set by the Presiding Officer. No evidence shall be admitted thereafter, unless otherwise ordered by the Presiding Officer. The Presiding Officer may in any case require either Party, with appropriate notice to the other Party, to submit additional evidence in any matter relevant to the hearing.H. Waiver of Hearing. In any proceeding, if the Parties agree to waive the hearing, the Presiding Officer may dispose of the matter upon the pleadings and other submittals of the Parties.I. Dispositions. Unless otherwise precluded by law, disposition may be made of any Contested Case at any time by stipulation, consent agreement, default or dismissal by the Presiding Officer. A joint request for a stay of the hearing or dismissal of proceedings based on a resolution shall be forwarded to the Presiding Officer and may be granted within the sound discretion of the Presiding Officer.J. Consent Agreements. The Department has discretion to enter into a consent agreement with a Party(ies) to resolve a matter without an administrative hearing. A consent agreement is valid if signed by an authorized Department representative. A consent agreement may be approved by the Presiding Officer and/or Director, but Presiding Officer and/or Director approval as signatory is not required. If a consent agreement is entered into by the Parties a copy shall be forwarded to the Presiding Officer. Consent agreements are public records pursuant to the Access to Public Records Act, R.I. Gen. Laws § 38-2-1et seq.K. Nothing herein shall be construed to prohibit the Department, in its discretion, from holding a hearing or any component of a hearing by means of remote access (telephone, video conference or any other means), subject to the APA and any other statutes applicable to the particular type of hearing or subject matter. The Department may follow any relevant Superior Court procedural rules, protocols and/or orders as it determines to be reasonable in the context of an administrative proceeding.230 R.I. Code R. 230-RICR-10-00-2.15
Amended effective 3/22/2023
Amended effective 1/25/2024