250 R.I. Code R. 250-RICR-10-00-1.18

Current through November 7, 2024
Section 250-RICR-10-00-1.18 - Consent Order or Withdrawal
A. Negotiations. At any time prior to rendering a final decision, parties to a hearing may attempt to dispose of a matter by entering into a consent order. A joint request for a stay of a hearing for this purpose shall be forwarded to the AHO and shall indicate the present status of negotiations. If an agreement is not reached within the time period for which the stay was approved, a hearing shall be promptly rescheduled by the AHO.
B. Contents of agreement. Every agreement shall contain, in addition to an appropriate order, an admission of all jurisdictional facts and express waivers of further procedural steps before the AHO and of the right to appeal and shall also state that such agreement is enforceable as an order of the Director in accordance with procedures prescribed by law. In addition, the agreement may contain a statement that the signing thereof is for settlement purposes only and does not constitute an admission by any party that the law or regulations have been violated as alleged in the Notice of Violations.
C. Disposition of proposed agreement. Upon receiving such agreement, the AHO may:
1. Accept it and issue the order agreed upon; except that no agreement shall be accepted unless consistent with the provisions of R.I. Gen. Laws § 42-17.1-2(s)(1),
2. Reject it and reschedule a hearing or;
3. Take such other action as he or she deems appropriate.
D. The provision of this Rule shall not preclude settlement of the proceedings in any other manner.
E. Withdrawal of an NOV by the Division shall terminate the matter before AAD.
F. Withdrawal of a Request for Hearing by the appellant/respondent shall terminate the matter before the AAD.

250 R.I. Code R. 250-RICR-10-00-1.18