230 R.I. Code R. 230-RICR-10-00-2.25

Current through December 3, 2024

Section 230-RICR-10-00-2.25 - Equal Access to Justice for Small Businesses

A. Pursuant to R.I. Gen. Laws § 42-92-1et seq., the Presiding Officer shall award reasonable litigation expenses incurred by the prevailing party in connection with Departmental hearings, if the Presiding Officer finds that all of the following conditions are met:

1. That there was no reasonable basis in fact or law for the Department's position; and

2. The adjudicatory proceedings involved loss of benefits, the imposition of a fine, the suspension or revocation of a license or permit, or which may result in the compulsion or restriction of activities; and

3. The prevailing party must be either:

a. An individual whose net worth is less than five hundred thousand dollars ($500,000) at the time the adjudication is initiated; or

b. An individual, partnership, corporation, association. or private organization doing business and located in the state, which is independently owned and operated, not dominant in its field, and which employs no more than one hundred (100) persons at the time the adjudication is initiated; and

4. The prevailing party must request reimbursement not later than thirty (30) days following the issuance of the written order, detailing:

a. Compliance with §§ 2.25(A)(1), (2), (3), and (4) of this Part; and

b. The costs incurred in defending against the unreasonable adjudicatory proceedings, including, but not limited to, attorney's fees and witness fees.

B. If found to be applicable, the Presiding Officer shall issue a supplementary order directing the Department to pay reasonable litigation expenses, as limited by R.I. Gen. Laws § 42-92-2(6).

230 R.I. Code R. 230-RICR-10-00-2.25

Amended effective 3/22/2023
Amended effective 1/25/2024