290 R.I. Code R. 290-RICR-30-00-5.4

Current through December 3, 2024

Section 290-RICR-30-00-5.4 - Procedures Governing Applications for Awards of Litigation Expense

A. Any eligible party who intends to file a claim for an award of reasonable litigation expenses if it prevails, shall notify the director of the Department conducting the Adjudicatory proceeding by certified mail, within thirty (30) days after the date the proceeding is concluded.

B. All claims for an award of reasonable litigation expenses shall be made on an application form to be supplied by the Department rendering the decision or order, and shall be filed with the Department within thirty (30) days of the conclusion of the Adjudicatory proceeding which gives rise to the right to recover such an award. The proceeding shall be deemed to be concluded when the agency or Adjudicative officer renders a ruling or decision.

1. Eligible parties must provide:

a. Their name;

b. Address;

c. Name and address of their attorney;

d. Summary of their claim (legal basis for claim);

e. List of witnesses applicant expects to call to substantiate claim;

f. List in detail litigation expenses incurred by applicant in the Adjudicatory proceedings and attached all relevant bills, invoices, affidavits and other documents necessary to substantiate application; and

g. Notarized signature.

C. The Adjudicative officer may, in his or her discretion, permit a party to file a claim out of time upon a showing of proof and finding by such administrative officer that good and sufficient cause exists for allowing a claim to be so filed, and that such action will not substantially impede the adjudication of substantive issues.

D. All claims filed pursuant to this Part shall conform to the general filing requirements of the Department and shall contain:

1. A summary of the legal and factual basis for filing the claim;

2. A list of witnesses, if any, that the claimant expects to be called to substantiate the claim if a separate hearing on said claim is conducted by the Department;

3. A detailed breakdown of the reasonable litigation expenses incurred by the party in the Adjudicatory proceeding, including copies of invoices, bills, affidavits, or other documents all of which may be supplemented or modified at any time prior to the issuance of a final decision on the claim by the Adjudicative officer;

4. A notarized statement swearing to the accuracy and truthfulness of the statements and information contained in the claim, and/or filed in support thereof.

290 R.I. Code R. 290-RICR-30-00-5.4