230 R.I. Code R. 230-RICR-20-60-3.13

Current through December 3, 2024

Section 230-RICR-20-60-3.13 - Final Decision

A. As soon as is practicable after the hearing is concluded, but in no event later than thirty (30) days after receipt of the transcript of proceedings, the Hearing Officer or Director shall enter the final decision of the Hearing Officer or Director and the Director shall enter his order. The final decision and/or order shall be served upon the parties forthwith by regular mail, postage pre-paid.

B. The Decision shall be effective immediately unless a specific effective date is specified in the Decision. Any Party requesting a stay of the Decision shall do so in accordance with R.I. Gen. Laws § 42-35-15(c).

C. The final decision shall be based exclusively on:

1. The competent evidence and arguments presented during the course of the hearing and made a part of the record;

2. Stipulations of fact;

3. Briefs, if any; and

4. Matters officially noticed.

D. The decision and order shall contain:

1. An appropriate caption;

2. The appearance of the parties;

3. A short statement of the nature of the proceedings;

4. Complete references to the specific statutes or regulations at issue;

5. A list of exhibits admitted in evidence which may be part of the initial decision or attached as an appendix;

6. A review of the facts produced at the hearing in relation to the applicable law and covering all issues of fact and law raised in the proceedings;

7. Specific findings of contested fact which shall be designated as such and which shall not be set forth in statutory or conclusionary language;

8. Specific conclusions of law based upon the findings of fact and applicable constitutional principles, statutes, and rules or regulations;

9. An appropriate order based upon the findings and conclusions; and

E. In the event the Hearing Officer or Director has relied on any written evaluation of evidence produced by an actuary or other expert engaged by the Department, a copy of said written evaluation shall be appended to the decision and/or order.

F. If the order of the Director shall state that the Director shall accept a modified filing in compliance with said order, the Department shall process said modified filing expeditiously and, in no event later than thirty (30) days from the date of its acceptance of said modified filing, report to the Director its conclusions as to the compliance by the Filer of said modified filing, and upon the finding by the Director that such modified filing complies with the order of the Director, the Director shall approve said modified filing and it shall be effective as of the date of its acceptance.

230 R.I. Code R. 230-RICR-20-60-3.13