250 R.I. Code R. 250-RICR-10-00-1.4

Current through November 7, 2024
Section 250-RICR-10-00-1.4 - Representation
A. Appearance. The Division and the AHO shall inform an individual of his/her right to be represented by legal counsel in an adjudicatory proceeding.
1. All parties including intervenors, organizations or those designated as public participants to an administrative hearing shall designate a spokesperson to participate on their behalf in the hearing.
2. Parties shall enter an appearance with the clerk of the AAD prior to making a request for continuance or extension of time.
B. Continuances
1. The AHO at his/her sole discretion shall determine when a valid scheduling conflict exists which requires a continuance of the hearing.
2. Any request for a continuance by a party shall be submitted, in writing, to the AHO at least 24 hours prior to the scheduled proceeding. An AHO may waive this requirement upon the showing of good cause.
3. A scheduled proceeding shall be continued upon presentation of a signed court excuse by an attorney of record covering the date in question.
4. A scheduled proceeding may be continued upon notification to the AHO that an attorney of record is otherwise engaged on the date of the hearing in a state or federal court, or for other good cause shown. The AHO shall be informed of the nature of the conflicting action, the case name and the court in which the attorney's presence is mandated.
5. Should the AHO grant a continuance, it shall be the responsibility of the party requesting the continuance to immediately notify all other parties of record and their representatives and pay any costs that may be associated with the cancellation of the hearing.
C. Extension of Time. It shall be within the discretion of the AHO, for good cause shown, to extend any time limit contained in these rules, unless precluded by statute. All requests for extensions of time shall be made by motion before the expiration of the original or previously extended time period.
D. "Ex Parte Communications"
1. Except as provided below, no person who is a party to, or a participant in, any proceeding in the AAD, including his counsel, employee, agent or any other person acting on his behalf, shall submit ex parte, off the record communications to the AHO of the AAD regarding or in any way related to the proceeding.
2. The above prohibition does not apply to a communication from a party or participant or his counsel, agent or other person acting on his behalf, if the communication relates solely to general matters of procedure or scheduling.

250 R.I. Code R. 250-RICR-10-00-1.4