Section 250-RICR-10-00-1.2 - Formal RulesA. Scope of rules. These rules shall govern the conduct of adjudicatory proceedings within the jurisdiction of the Administrative Adjudication Division of the Department of Environmental Management.B. Construction of rules. These rules shall be construed to further the prompt and just determination of every proceeding and in conformity with the Rhode Island Administrative Procedures Act.C. Definitions. The following words when used in the rules, except as otherwise required by the context, shall have the following meaning: 1. "AAD" means the Department of Environmental Management Administrative Adjudication Division.2. "Administrative Hearing Officer" or "AHO" means the individual(s) authorized by law or duly designated by the Chief Hearing Officer to conduct adjudicatory proceedings.3. "Adjudicatory proceeding" means an adjudicatory proceeding before the Department of Environmental Management Administrative Adjudication Division in which the legal rights, duties or privileges of specifically named Persons are determined after an opportunity for an Agency hearing.4. "Agency" means any Department (including the Department of Environmental Management), board, commission, council, division or authority within the executive branch of state government.5. "Appearance" means an appearance is defined as notice of participation in an adjudicatory proceeding which may be accomplished either by the filing of a pleading or an entry of Appearance with the administrative Clerk of the Department of Environmental Management Division of Administrative Adjudication. 6. "Certification" means a statement wherein a party attests that they have performed the requirements of § 1.6(F) of this Part.7. "Clerk" means the administrative Clerk of the Department of Environmental Management Division of Administrative Adjudication for Environmental Matters appointed by the Governor with the advice and consent of the senate.8. "Commenced" means an administrative hearing has commenced upon conclusion of the pre-hearing conference.9. "Department" means the Department of Environmental Management as created in R.I. Gen. Laws §42-17.1.10. "Division" means a subsection of the Department with authority to carry out statutorily designated Departmental functions including Divisions, Offices and Programs.11. "Director" means the Director of the Department of Environmental Management or his/her designee.12. "Papers" means all written communications submitted to the Administrative Adjudication Division in an adjudicatory proceeding, including but not limited to, motions, pleadings, documents and all other correspondence.13. "Party" means the specifically named person(s) whose legal rights, duties or privileges are being determined in an adjudicatory proceeding; the Division and any other person who has been granted the right to intervene.14. "Person" means any individual, partnership, corporation, limited liability company, association, governmental subdivision, or public or private organization.15. "Petitioner" means person who initiates an adjudicatory proceeding.16. "Regular business hours" means papers will be deemed filed during regular business hours if received during the hours of 8:30 a.m. to 4:00 p.m. Monday through Friday on days other than state holidays. The Department's physical, facsimile, or electronic mail date stamp shall be presumptive of the actual date and the time of filing. Filing by electronic transmittal is permitted, provided, however, an original copy of said filing shall be delivered to the AAD within five (5) days of electronic transmittal. Upon electronic filing, opposing counsel shall also be transmitted a copy of the pleading 17. "Respondent" means the party who challenges an order of the Department, or any other parties not bearing the burden of proof.250 R.I. Code R. 250-RICR-10-00-1.2