Section 465-RICR-10-00-1.11 - Procedures at Informal/Formal HearingsA. Order of Presentation of Case1. In each case, the petitioning party shall present its case first and shall have the burden of establishing its Petition, by a fair preponderance of the credible evidence.B. Pertinent Documentation Had at Designated Informal Hearing Process 1. The Board's Administrator or its Agent shall accept pertinent documentation, as determined by the Administrator or its Agent, in conjunction with the designated informal hearing process, but such documents shall not be considered part of the public record in any case, unless or until such documents are submitted as exhibits in a formal hearing proceeding.C. Variance Between Pleading and Proof1. Where there is a variance between an allegation in a Petition for Certification, or a Pleading in an Unfair Labor Practice Charge Proceeding, and subsequent proof at that hearing, and where said variance is not material, the Board may admit such proof, and the facts may be found accordingly. Any party, or the Board, may move to conform the Pleadings to the proof.D. Motions; Compliance; General Requirements for All Motions1. All Motions made, other than those made during the pendency of a formal hearing(s), shall briefly state the order or relief sought and the basis for said Motion. Said Motion, together with the Memorandum of Law in Support of Motion, as well as all appropriate supporting documents, shall be submitted as an original, signed in blue ink, and shall be electronically filed (e-filed) in accordance with § 1.5 of this Part.2. The moving party shall be required to certify a copy of the Motion and the Memorandum of Law in Support of Motion to the opposing party of record, with a copy (Cc) to the Board's Administrator and must certify the same therein.3. Upon receipt of said Motion and Memorandum of Law in Support of Motion, the opposing party shall have the opportunity to respond to said Motion. Should the opposing party respond to said Motion, the opposing party shall electronically file (e-file) the response in accordance with § 1.5 of this Part, within five (5) business days after receipt of said service by the moving party. Said response shall be certified to the moving party of record, with a copy (Cc) to the Board's Administrator and must certify the same therein.4. The Board, upon receipt of the Motion, Memorandum of Law in Support of Motion, and any other documentation opposing the Motion, shall rule on said Motion, unless the Board, in its discretion, shall decide to hear oral argument or take testimony in which instance, the Board shall notify the parties of such fact, and of the date, time, location, and manner for such argument or such testimony.E. Motions Made at or During Pendency of Formal Hearings 1. All Motions made at or during the pendency of a formal hearing shall be stated orally and shall be included in the stenographic report of the hearing. Upon conclusion of the stated Motions by the parties, the Board may either rule on the Motions directly, or the Board may instruct the parties to submit said Motions, in writing, to the Board within a specified timeframe. The Motions shall briefly state the order or relief sought and the grounds for such Motions. a. Exception: Motions to intervene shall be made in the manner set forth in § 1.12(C) of this Part.2. The moving party shall be required to certify a copy of said Motion and Memorandum of Law in Support of Motion to the opposing party of record, with a copy (Cc) to the Board's Administrator and must certify the same therein.3. Upon receipt of said Motion and Memorandum of Law in Support of Motion, the opposing party shall have the opportunity to respond to said Motion. Should the opposing party respond to said Motion, the opposing party shall electronically file (e-file) the response in accordance with § 1.5 of this Part, within five (5) business days after receipt of said service by the moving party. Said response shall be certified to the moving party of record, with a copy (Cc) to the Board's Administrator and must certify the same therein.4. Said Motions shall be set down for review and determination as directed by the Board. All Motions and rulings shall become part of the record in the proceeding.F. Objections at Formal Hearings1. Objections made by either party with respect to the conduct of the formal hearing process, including objections to the introduction of evidence, shall be stated orally and shall be included in the stenographic report of the hearing.G. Waiver of Objections 1. Any objection not duly urged before the Board shall be deemed waived, unless the failure or neglect to urge such objections shall be excused by the Board because of extraordinary circumstances.H. Consolidation or Severance1. The Board, in its discretion, may consolidate two (2) or more proceedings under the Act and the Board, in its discretion, may also sever such proceedings.465 R.I. Code R. 465-RICR-10-00-1.11
Amended effective 2/1/2021