230 R.I. Code R. 230-RICR-20-60-3.12

Current through December 3, 2024
Section 230-RICR-20-60-3.12 - Public Hearing
A. After public notice as provided in R.I. Gen. Laws §§ 27-9-10, 27-6-11, 27-7.1-5.1 and 6.1 or 27-44-7 as the case may be, the Director or Hearing Officer shall hold a public hearing.
B. Hearings will be held before the Director or Hearing Officer in accordance with this Part.
C. The parties have the right to be represented by counsel admitted to practice in the State of Rhode Island, to be present, and to participate. The right to participate shall include the right to present evidence and argument on all relevant issues, to call and examine witnesses, to cross-examine the author of any documents prepared by or on behalf of or for the use of the Department and offered in evidence, and to cross-examine any Person present and testifying. Those individuals employed by the Director pursuant to R.I. Gen. Laws § 27-9-52 may appear at any hearing and shall have the right to participate in any proceedings on the same basis as the parties may have, subject to the aforesaid.
D. All witnesses shall swear that their testimony is whole and truthful or shall make a solemn affirmation to the effect in lieu thereof.
E. The Director or Hearing Officer may admit evidence which possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs, giving effect to the rules of privilege recognized by law, and excluding incompetent, immaterial, and unduly repetitious evidence. Documentary evidence may be received in the form of copies or excerpts or by incorporation by a reference. Upon request, parties shall be given an opportunity to compare the copies with the originals.
F. Objections to evidentiary offers may be made and shall be noted in the records.
G. At any stage of the hearing, the Director or Hearing Officer may require that further evidence be submitted upon such terms or conditions as the Director or Hearing Officer deems proper.
H. When evidence to be presented consists of technical matters or figures so numerous as to make the presentation difficult to follow, it shall be presented in exhibit form, supplemented and explained by oral testimony.
I. Notice may be taken of judicially cognizable facts. Parties shall be notified either before or during the hearing or by reference in preliminary reports or otherwise of the material noted, including any staff memoranda or data. Parties shall be afforded an opportunity to contest the material so noted.
J. A complete record of the proceedings shall be made and at the close of the hearing, expedited transcripts shall be ordered. Costs of the transcripts for the Department and the Attorney General shall be borne by the Filer.
K. All hearings once commenced shall continue on successive work days until completed, unless the Hearing Officer rules otherwise.
L. At the conclusion of the evidence, the Director or Hearing Officer may permit the parties to argue orally or to submit written briefs within five (5) days of receipt of the transcript of the hearing.
M. All hearings shall be open to the public.
N. Any written evaluation of evidence produced by an actuary or other expert engaged by the Department which is available prior to the conclusion of the presentation of the evidence shall be available to the parties at or prior to the close of the hearings.

230 R.I. Code R. 230-RICR-20-60-3.12