290 R.I. Code R. 290-RICR-30-00-5.3

Current through December 3, 2024
Section 290-RICR-30-00-5.3 - Definitions
A. For the purposes of this Part, the following terms shall have the following meaning:
1. "Adjudicative officer" means the presiding officer or deciding official who presides at the adversary adjudication.
2. "Adjudicatory proceeding" means any proceeding conducted by or on behalf of the Department, whether administratively or quasi-judicially, which may result in the loss of benefits, the imposition of a fine, the denial, suspension or revocation of a license, or permit, or which may result in the compulsion or restrictions of the activities of a party.
3. "Department" means the Department of Transportation, including any board, commission, or officer of the Department authorized by law to make rules or to determine contested cases; to bring any action at law or in equity.
4. "Party" means any individual whose net worth is less than five hundred thousand dollars ($500,000) at the time the Adjudicatory proceeding was first initiated; and, any individual, partnership, corporation, association, or private organization doing business and located in the state, which is independently owned and operated, not dominant in its field, and which employ one hundred (100) or fewer persons at the time the Adjudicatory proceeding was initiated.
5. "Reasonable Litigation Expenses" means those expenses which were reasonably incurred by a party in Adjudicatory proceedings, including but not limited to, attorney's fees, witness fees of all necessary witnesses, and other such costs and expenses as were reasonably incurred, except that:
a. The award of attorney's fees may not exceed one hundred fifty dollars ($150.00) per hour;
b. No expert witness may be compensated at a rate in excess of the highest rate or compensation for experts paid by this state; and
6. "Substantially Justified" means that the initial position of the Department, as well as the Department's position in the proceeding, has a reasonable basis in law and fact.

290 R.I. Code R. 290-RICR-30-00-5.3