475 R.I. Code R. 475-RICR-00-00-1.5

Current through December 3, 2024

Section 475-RICR-00-00-1.5 - Public Hearings and Reviews

A. Public hearings and reviews required by law shall be conducted in accordance with these rules and regulations. The Board may nevertheless, in its discretion, conduct informal hearings or investigations in such manner and according to such procedures as established by the Administrative Procedures Act, R.I. Gen. Laws § 42-35-1 et seq.

B. In any contested case, all parties shall be served with notice provided for by law, but in the absence of such provision, the Board may order such notice in accordance with the provisions of the Administrative Procedures Act, R.I. Gen. Laws § 42-35-1 et seq.

1.5.1Review Conference Rule

A. In any proceeding the Board may on its own or upon the motion of a party or their qualified representatives, in its discretion, direct the parties or their qualified representatives to appear at a specified time and place for a conference with the Board or a designated member thereof to consider:

1. The simplification of the issues;

2. The necessity of amendments to the pleadings;

3. The possibility of obtaining stipulations, admissions of facts, and documents;

4. The limitation of the number of expert witnesses;

5. Such other matters as may aid in the disposition of the proceeding.

B. Board or its designated member shall, by an order or statement, which controls the subsequent course of proceeding unless modified by a subsequent order, set forth the following:

1. the action taken at the conference;

2. the amendments allowed to the pleadings and the agreements made by the parties or their qualified representatives as to any of the matters considered, including settlement or simplification of issues; and

3. limits of issues for hearing to those not disposed of by admission or agreements.

1.5.2Submission of Documentary Evidence in Advance

A. Where practicable the Board may require:

1. That all documentary evidence which is to be offered during the taking of evidence be submitted to the Board and to the other parties to the proceeding sufficiently in advance of such taking of evidence to permit study and preparation or cross- examination and rebuttal evidence;

2. That documentary evidence not submitted in advance, as may be required by §1.5.2(A)(1) of this Part, be not received in evidence in the absence of a clear showing that the offering party had good cause for his failure to produce the evidence sooner;

3. That the authenticity of all documents required to be submitted in advance of a proceeding shall be deemed admitted, unless:

a. written objection thereto is filed prior to the hearing, or

b. the objecting party makes a clear showing of good cause for failure to have filed such written objection.

1.5.3Rules of Evidence

A. Subject to the provisions of law and to the other provisions of these rules, all relevant and material evidence is admissible which in the opinion of the Board is the best evidence reasonably obtainable, having due regard for its necessity, availability, and trustworthiness.

B. When objection is made to the admissibility of evidence, such evidence may be received subject to a later ruling. The Board may either with or without objection, exclude inadmissible evidence or order cumulative evidence discontinued. Parties objecting to the introduction of evidence shall state the precise grounds of such objection at the time such evidence is offered.

C. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in civil cases in the Superior Courts of this state shall be followed; but, when necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible under those rules may be submitted (except where precluded by statute) if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The Board shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form;

D. Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original.

E. A party may conduct cross-examinations required for a full and true disclosure of the facts.

F. Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the Board's specialized knowledge; but parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The Board's experience, technical competence, and specialized knowledge shall be utilized in the evaluation of the evidence.

G. When only portions of a document are to be relied upon, the offering party shall prepare the pertinent excerpts, adequately identified, and shall supply copies of such excerpts, together with a statement indicating the purpose for which such materials will be offered, to the Board and to the other parties. Only the excerpts, so prepared and submitted, shall be received in the record. However, the whole of the original document shall be made available for examination and for use by all parties to the proceeding.

1.5.4Continuances

Any party who desires a continuance shall, immediately upon receipt of notice of a hearing, or as soon thereafter as facts requiring such continuance come to his knowledge, notify the Board in writing of said desire, stating in detail the reasons why such continuance is necessary. The Board, in passing upon a request for continuance, shall consider whether such request was timely made. For good cause, the Board may grant such a continuance and may at any time order a continuance on its own. During a hearing, if it appears in the public interest or in the interest of justice that further testimony or argument should be received, the Board may continue the hearing and fix the date for introduction of additional evidence or presentation of argument. Such oral notice shall constitute final notice of such continued hearing.

475 R.I. Code R. 475-RICR-00-00-1.5