Section 515-RICR-10-00-2.8 - Reconsideration of Ruling on Probable CauseA. Motion for Reconsideration by a Party. A party may move for reconsideration of a determination on probable cause for the following reasons: 1. newly discovered evidence which by due diligence could not have been discovered in time to present it to the Preliminary Investigating Commissioner prior to the determination on probable cause;2. excusable neglect or fraud or misconduct of an adverse party; or,3. upon such other grounds as the Commission deems just.B. Consideration and Disposition. Such motion must be in writing, must state specifically the grounds upon which it is based, and be filed with the Commission within ten (10) days from the date of the mailing of the notice of disposition of which reconsideration is requested and served upon all other parties to the original investigation. The Commission, in its discretion, shall grant or deny the motion for reconsideration, provided that any applicable time limitation has not expired. The Commission shall notify the parties of its decision and any further action to be taken.C. Motion for Reconsideration by Commission. A finding on probable cause may be reconsidered by the Commission on its own initiative at any time within sixty (60) days of the finding provided that any applicable time limitation has not expired.. The Commission shall notify the parties of its decision.515 R.I. Code R. 515-RICR-10-00-2.8
Adopted effective 1/8/2019