Section 515-RICR-10-00-2.18 - Equal Access to Justice for Small Businesses and IndividualsA. Qualifications for a Petition for Reasonable Litigation Expenses. An award of reasonable litigation expenses to a respondent may be made when: 1. the Commission initiated the charge filed against the respondent; and,2. the respondent prevails after a final hearing on the merits; and,3. the respondent is an individual whose net worth is less than the limit established by the Equal Access to Justice Act, at the time of the commencement of the first hearing or is 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 employs one hundred (100) or fewer persons at the time of the commencement of the first hearing; and,4. the award is required by law.B. Form and Procedure. Unless specifically provided otherwise in this Part, the following procedures shall apply to all Petitions for Reasonable Litigation Expenses. 1. If a respondent qualifies to apply for an award of reasonable litigation expenses as specified above in § 2.18(A) of this Part, they may petition for an award of such expenses within thirty (30) days after the mailing date of the Commission Decision and Order which finds in favor of the respondent after a final hearing on the merits. The Petition must include a completed Commission form.2. All Petitions filed pursuant to § 2.18(A) of this Part shall contain:a. a statement that the respondent requesting the reasonable litigation expenses qualifies as a "party" pursuant to the Equal Access to Justice Act;b. a summary of the legal and factual basis for filing the Petition;c. a detailed breakdown of the reasonable litigation expenses incurred by the respondent in the adjudicatory proceeding, including copies of invoices, bills, affidavits, and any further documents requested by the Commission subsequent to the initial filing of the Petition; and d. a notarized statement swearing to the accuracy and truthfulness of the statements and information contained in the Petition, and/or filed in support thereof.C. Objections. The complainant or Civil Prosecutor may file an objection to the Petition for an award setting forth their reasons therefore. Such objection(s) must be filed with the hearing officer within thirty (30) days after receipt of the respondent's Petition, but the period for filing such objection may be extended for good cause shown.D. Hearing and Decision on Respondent's Petition For Reasonable Litigation Expenses. When the Commission receives a Petition for reasonable litigation expenses, which appears to meet the qualifications set forth in § 2.18(A) of this Part, it will schedule a hearing on the Petition. Three (3) Commissioners will review the transcript of the hearing along with exhibits, the Petition, objections and memoranda and issue a Decision and Order on the Petition. The respondent must prove that an award of reasonable litigation expenses is required by law.E. Disallowance of Awards. Unless otherwise specifically provided in these Regulations, the following standards shall apply to all awards: 1. No award of reasonable litigation expenses may be made if there is a finding that the Commission had substantial justification in the actions leading to the proceeding and the proceeding itself, or that the respondent failed to prove entitlement to reasonable litigation expenses.2. The Commission may, in its discretion, deny fees or expenses if special circumstances make an award unjust.3. A Decision and Order disallowing a Petition for Reasonable Litigation Expenses shall include written findings and conclusions with respect to the denial of the award.515 R.I. Code R. 515-RICR-10-00-2.18
Adopted effective 1/8/2019