465 R.I. Code R. 465-RICR-10-00-1.10

Current through November 7, 2024

Section 465-RICR-10-00-1.10 - Formal Hearings

A. Notification of Hearing

1. Upon the issuance of an Unfair Labor Practice Complaint, the matter will be scheduled for formal hearing. The Board's Administrator or its Agent will notify the parties of the date, time, location, and manner of the formal hearing; which is identified within the said Complaint.

2. Parties seeking a postponement, continuance, rescheduling, or cancellation of the formal hearing date, must follow the procedures set forth in § 1.8(L)(2) of this Part.

3. Parties requesting a postponement, continuance, rescheduling, or cancellation of the formal hearing date, may be required to pay for the administrative costs associated therewith.

B. Parties Required to Appear

1. Unless the case has been settled (and the Board has been notified, in writing, of the settlement at least five (5) business days prior to the scheduled hearing date), the parties are required to appear at the date, time, location, and manner, as set forth in the Notice of Hearing. Parties shall not postpone or cancel any hearing scheduled by the Board, without first receiving approval from the Board, its Administrator or its Agent.

C. Failure to Appear or to Comply with Board Directive(s); Sanctions

1. Parties who fail to appear or to comply with a Board directive(s), without good cause, at any hearing may:

a. Be defaulted;

b. Be assessed costs, including stenographer's expenses, associated with the rescheduling; and

c. Be considered to have forfeited any and all objections it may have had.

2. Any party, who fails to appear within fifteen (15) minutes of the scheduled hearing time, may be considered to have "failed to appear."

D. Application for Subpoenas

1. Any party to the proceeding, who is not represented by legal counsel, may apply to the Board for the issuance of a Subpoena or Subpoena Duces Tecum, requiring the attendance, during a hearing, of any person, party, or witness, and directing the production, as of the date specified on the Subpoena Duces Tecum, of any books, records, or correspondence, or other evidence relating to any matter under investigation or any question before the Board.

2. Such application, to be considered timely, shall be made no later than fifteen (15) business days prior to the scheduled hearing. The application shall be in writing, and it shall specify the name of the witness or documents or things, the production of which is desired, with such particularity as will enable such documents to be identified for purposes of production, the return date desired, as well as the general nature of the facts to be proved by the witness, or the documents, or things sought to be produced. Such application shall be made and filed with the Board and need not be served on any other party.

3. The Board, in its discretion, or its Administrator or Agent's discretion, may grant or deny such application, in whole or in part, for good cause shown. The Board, or its Administrator or Agent, may make such Subpoena returnable forthwith, or at any other time, within its discretion. The Board's Subpoena shall be issued and served by the Board's Administrator or its Agent, by certified mail, return receipt requested. When served by certified mail, by the Board's Administrator or its Agent, the return receipt shall be filed in the record of the proceedings and shall be conclusive proof of service.

4. The party served with a Board issued Subpoena or Subpoena Duces Tecum, shall have a right to file a Motion to Quash the Subpoena, in writing, with the Board's office at least five (5) business days prior to the formal hearing date. The party requesting the Board to issue the Subpoena or Subpoena Duces Tecum shall have a right to file a written Objection to the Motion to Quash at any time prior to the commencement of the formal hearing. The parties shall have the right to argue orally before the Board relative to the Motion to Quash. The Board shall issue a written decision on the Motion to Quash prior to proceeding with any further formal hearings on the matter.

5. Parties represented by legal counsel shall have their legal counsel issue a Subpoena or Subpoena Duces Tecum on their behalf; and shall not have the right to request the Board to issue a Subpoena. Upon service of a Subpoena or Subpoena Duces Tecum by a parties' legal counsel, it is the obligation of the parties' legal counsel to give notice to the opposing party of such action.

E. Issuance of Subpoenas by Board for Production of Documents

1. In its discretion, the Board may issue Subpoenas, at any time, requiring persons, parties, or witnesses to attend or be examined or give testimony, and to produce any books, records, correspondence, documents or other evidence that relate to any matter under investigation, or any question before the Board.

F. Introduction of Exhibits at Formal Hearing

1. Any party of record intending to submit exhibits during a formal hearing process, must provide the Board with nine (9) copies of each exhibit introduced, as well as provide one (1) copy for each opposing party or parties participating in the formal hearing.

2. Any party of record intending to submit exhibits during a formal hearing process, shall follow the procedures as set forth in § 1.8(B) of this Part.

G. Oral Arguments or Briefs

1. At the close of the formal hearing process, the Board shall, in its discretion, permit the parties to either argue orally or to submit Briefs to the Board.

2. Any request for oral argument before the Board shall be made at the close of the formal hearing. The granting or denial of permission to argue orally before the Board shall be within the discretion of the Board.

3. Upon resolve by the Board for the parties to file Briefs in the matter, the timeframe for filing such Briefs shall be determined by the Board at the conclusion of the formal hearing.

4. Upon receipt of the transcript for the concluded matter by the Administrator of the Board, the parties shall be notified, in writing, of the submission date of the Briefs to the Board.

H. Rebuttal Briefs

1. Rebuttal Briefs may be requested by either party at the time of the closing of the formal hearing process, with a stated timeframe for submission determined by the Board; or made by Motion of either party, in writing, after the submission of the Briefs, showing reasonable cause, within five (5) business days from the due date of the Briefs. The Motion shall then be forwarded to the Board for review and determination. The Board's Administrator shall notify the parties, in writing, of the results of the Board's action.

I. Administrative Requirements for Written Briefs

1. All Briefs shall be typewritten and submitted on letter size paper (eight-and-one-half by eleven inches (8.5" x 11") in size). The font size shall be no smaller than twelve (12), and the Brief shall be double-spaced, except for footnotes, which may be reduced to font size ten (10) and may be single-spaced. Footnotes shall appear at the bottom of the page noted upon. Said Brief shall be signed by the author in blue ink. Each Brief shall also contain a certification of notice that a copy was sent to all other parties of record; with a copy (Cc) to the Board's Administrator and must certify the same therein.

2. Any Brief containing a principal citation to any non-Rhode Island case shall be accompanied by an appendix, which shall contain copies of the entire case for all principal non-Rhode Island cases cited therein. Said appendix shall be submitted in accordance with § 1.5(E)(1) of this Part.

3. Briefs shall be filed by the date set by the Board upon the conclusion of the formal hearing. The Board's Administrator or its Agent shall have the discretion, upon good cause shown, to grant extensions of time for filing Briefs. All requests for filing extensions must be made, in writing, and should be by agreement of the parties, no later than five (5) business days prior to the filing due date.

4. All Briefs must be received by the Board's Administrator or its Agent by 3:00 p.m., on the filing due date, in order to be considered timely filed by this Board, as set forth in § 1.5(G)(2) of this Part.

5. Upon a "late" filing of a Brief by either party, the opposing party may file a Motion of Objection to the Acceptance of the Brief by the Board, within five (5) business days of the Brief's due date. The objection shall then be forwarded to the Board for review and determination. The Board's Administrator shall notify the parties, in writing, of the results of the Board's action.

J. Proposed Findings of Fact; Conclusions of Law; Proposed Decision and Order; Exceptions, etc.

1. The Board shall, at any time after the close of a formal hearing, issue its findings of fact, conclusions of law, and Decision and Order. Such findings of fact, conclusions of law, and Decision and Order shall contain, but need not be limited to:

a. A statement of the case and preliminary procedure before the Board;

b. Findings of fact;

c. Conclusions of law; and

d. Decision and Order.

2. The Board may include, if it be found that the respondent has engaged or is engaging in the alleged unfair labor practice, a recommendation as to what action shall be taken by the respondent to effectuate the policies of the Act.

K. Notice of Right to Appeal Agency Decision

1. Pursuant to R.I. Gen. Laws § 42-35-12, included within the Decision and Order of the Rhode Island State Labor Relations Board, shall be a separate notice advising the parties of the availability of judicial review, and the appeal period pursuant to the statutory authority set forth in R.I. Gen. Laws § 28-7-29. If the agency fails to provide such notice, the time for taking an appeal shall be extended for an additional thirty (30) days beyond the time otherwise authorized by law.

465 R.I. Code R. 465-RICR-10-00-1.10

Amended effective 2/1/2021