244 R.I. Code R. 244-RICR-00-00-1.11

Current through December 3, 2024
Section 244-RICR-00-00-1.11 - Appeals
1.11.1Description

Upon notification of action by the Oversight Committee, a program seeking certification as a batterers intervention program may elect to appeal an adverse decision by notifying the committee Chair. An appeal hearing by the Oversight Committee shall be scheduled within 45 days.

1.11.2Procedures
A. Within five (5) business days following a vote with respect to certification of any particular batterers intervention program, the Committee shall send written notice of the decision to the program. Notice of any decision that would result in a loss of the program's eligibility for referrals that is based on an action by the Committee and not voluntary cessation of a batterers program (e.g., denial, suspension or termination of certification) shall be sent to the program by certified mail, return receipt requested. The written notice shall include a statement of the reason(s) for the decision by the Committee.
B. If the affected program chooses to appeal the decision of the Committee, the executive director, president, or other official who is empowered to act on behalf of the program shall so notify the Chair of the Committee in writing within 10 days of receipt of the written notification.
C. Upon receipt of an appeal request, the Committee Chair shall schedule an appeal hearing with the Committee. The date of the appeal hearing shall be the next scheduled meeting of the Committee; provided, however, that if a meeting has not been scheduled within 45 days following receipt of the appeal request, then a special meeting shall be called to hear the appeal.
D. The Committee Chair shall notify the batterers intervention program representative, in writing, of the date of the appeal hearing. The program representative shall be encouraged but not required to attend the hearing. A copy of any supporting materials the program elects to present shall be requested to be made available to the Chair at least one week in advance ofsg the hearing, whenever feasible. Similarly, the Chair shall make available to the program any materials intended for the hearing which have not already been provided to the program.
E. Prior to the start of the appeal hearing, any member (or designee or alternate) of the Oversight Committee and its Subcommittees who is affiliated with any batterers intervention program shall recuse him/ herself from any discussion, participation, or vote in the matter of the appeal, and shall complete a statement of conflict of interest and file it with the Oversight Committee as well as forwarding a copy to the Rhode Island Ethics Commission.
F. In conducting the appeal hearing, the Committee Chair or a designee shall review the decision under appeal, present the information upon which it was based, and the reason(s) for the decision. The batterers intervention program shall be offered an opportunity to respond, to rebut, to present additional information or explanations, as its representatives choose. Any interested individual, with the exception of those Committee and Subcommittee members, designees, or alternates required to recuse themselves, shall have the opportunity to participate. The Chair shall moderate the presentations and discussion.
G. Any Committee member/ designee/ or alternate who is empowered to vote shall be permitted to make a motion, and the Chair shall call for a vote. Options shall include, but not be limited to the following: deny certification; grant certification; table decision pending further investigation through on-site visit(s), request for more information, program coming into compliance with standards within a specified time period, or other; suspend or resume referrals pending final decision; etc.
H. Written notification of the decision in the appeal shall be sent to the program by certified mail, return receipt requested, within five (5) business days of the hearing.

244 R.I. Code R. 244-RICR-00-00-1.11

Adopted effective 1/17/2019