Current through December 3, 2024
Section 260-RICR-30-15-5.10 - Deregistration HearingsA. Within ten (10) business days of receipt of a request for a hearing, the Administrator of Apprenticeship must contact the Department of Labor's Office of Administrative Law Judges to request a designation of an Administrative Law Judge to preside over the hearing. The Judge shall give reasonable notice of such hearing by registered mail, return receipt requested, to the appropriate Sponsor. Such notice shall include:1. A reasonable time and place of hearing;2. A statement of the provisions of this regulation pursuant to which the hearing is to be held; and3. A concise statement of the matters pursuant to which the action forming the basis of the hearing is proposed to be taken.B. The procedures contained in materials incorporated above in § 5.2(A) of this Part will apply to the disposition of the request for hearing except that: 1. The Administrative Law Judge will receive, and make part of the record, documentary evidence offered by any party and accepted at the hearing. Copies of documentary evidence may be submitted to any party to the hearing upon request.2. Technical rules of evidence will not apply to hearings conducted pursuant to this Part, but rules or principles designed to assure production of the most credible evidence available and to subject testimony to test by cross-examination will be applied, where reasonably necessary, by the Administrative Law Judge conducting the hearing. The Administrative Law Judge may exclude irrelevant, immaterial, or unduly repetitious evidence.C. The Administrative Law Judge should issue a written decision within ninety (90) days of the closing of the hearing record. The Administrative Law Judge's decision constitutes final agency action.5.10.1Procedure for Petition for Review A. Within fifteen (15) days of receipt of decision from the Administrative Law Judge, a dissatisfied party may file a petition for review with the Administrative Review Board. The petition shall specifically identify the procedure, law, or policy to which exception is taken. Any exception not specifically identified is deemed waived. A copy of the petition for review shall be sent to the opposing party at the same time.B. The decision of the Administrative Law Judge remains final unless, within thirty (30) days of the filing of the petition for review, the Administrative Review Board notifies the parties the petition has been accepted.C. The Administrative Review Board may set a briefing schedule or decide the matter on the record. The Administrative Review Board must render a decision on any accepted petition within one hundred and eighty (180) days of the close of the record or the Administrative Law Judge's decision constitutes final agency action.260 R.I. Code R. 260-RICR-30-15-5.10