Current through November 7, 2024
Section 525-RICR-10-00-4.11 - Decisions and OrdersA. Content. 1. Any decision and order of the Hearing Board issued after a hearing shall be in writing or stated in the record. The final order shall contain findings of fact and conclusions of law, separately stated.2. All final decisions shall contain a separate notice informing the parties of the deadline for filing an appeal and state that the appeal should be made to the Superior Court pursuant to R.I. Gen. Laws § 42-87-5 and the Administrative Procedures Act.B. Issuance of Decisions and Orders. 1. At least three Commissioners who are members of the Hearing Board must hear and participate in the decision on a case. A majority of the Hearing Board Members present and voting must agree on the decision and order.2. If the Hearing Board determines that the respondent has not discriminated against the complainant in violation of the civil rights of individuals with disabilities caused by the physical inaccessibility of buildings and structures, then the Hearing Board shall state its findings of fact and shall issue an order dismissing the complaint as to the respondent. 3. If the Hearing Board determines that the respondent has discriminated against the complainant in violation of the civil rights of individuals with disabilities caused by the physical inaccessibility of buildings and structures, then the Hearing Board shall state its findings of fact and shall issue an order requiring the respondent to cease and desist from such practices, and to require the respondent to take any further action that will address, remove or otherwise resolves the discrimination against the complainant.4. At any time in its discretion, the Commission may investigate whether the terms of the order are being complied with. Upon a determination that the terms of the order are not being complied with, the Commission may take appropriate action to assure compliance including, but not limited to, petitioning the Superior Court of Rhode Island for its enforcement. 5. The Hearing Board with the consent of the respondent may enter a consent order at any time after service of a notice of hearing. Such consent orders shall include an admission of all jurisdictional facts and express waivers of further procedural steps before the Hearing Board and of the right to appeal. Consent orders shall also state that the agreement is enforceable as a final order of the Hearing Board in accordance with R.I. Gen. Laws § 42-87-5. The Consent Order may contain a statement that the agreement constitutes a settlement of the issues between the parties and is not an admission by any party that the law or regulations have been violated as alleged in the complaint.6. Copies of orders shall be served on all parties, and their attorneys of record, if any, and where appropriate the Attorney General and the state licensing or contracting authority.7. All orders issued by the Hearing Board after a hearing shall be filed in the office of the Commission in and shall be open to public inspection during regular office hours of the Commission.525 R.I. Code R. 525-RICR-10-00-4.11