Section 525-RICR-10-00-4.14 - Filing for Recovery of Litigation ExpensesA. Purpose The purpose of this rule is to carry out the statutory requirements contained in the Equal Access to Justice Act (R.I. Gen. Laws Chapter 42-92 which provides for the award of reasonable litigation expenses to prevailing parties in adjudicatory proceedings conducted by state agencies.B. Filing Procedure Within thirty (30) days of the conclusion of an adjudicatory proceeding relating to an enforcement action or order, or to any adjudicatory proceeding as defined in R.I. Gen. Laws 42-92-2, a respondent may submit a claim for litigation expenses to the Hearing Board that heard the matter. For purposes of this part, the adjudicatory proceedings are deemed to be concluded on the date a final decision is issued or on the date that a Consent Order is accepted by the Hearing Board. The claim for litigation expenses shall contain a summary of the legal and factual basis for filing the claim.C. Supporting Affidavits and Documentary Evidence 1. The respondent shall submit with his or her claim for litigation expenses, affidavits and documentary evidence presenting the legal and factual basis by which the respondent claims to be entitled to an award of litigation expenses, including facts establishing:a. That the respondent is a party as defined in R.I. Gen. Laws § 42-92-2;b. That the respondent has prevailed in the underlying adjudicatory proceeding;c. That the Commission was not charged by statute with investigating a complaint which led to the underlying adjudicatory proceeding; and d. The amount of reasonable litigation expenses as defined in R.I. Gen. Laws § 42-92-2.D. Commission's Answer The Commission shall provide a written answer to the claim for litigation expenses to the Hearing Board within twenty (20) days of receipt of the claim. The answer may include affidavits and documentary evidence supporting its position and other evidence in support of the position that the Commission was substantially justified in its actions.E. Evidentiary Hearing Within ten (10) days of filing the Commission's answer with the Hearing Board, either party may move for an evidentiary hearing on the issue of the awarding of litigation expenses. The motion shall be granted only if the moving party satisfies the Hearing Board that affidavits are an inadequate method of presenting new evidence relevant to the awarding of litigation expenses.F. Decision 1. The Hearing Board shall issue a written decision setting forth its findings of fact and conclusions of law that underlie its conclusion whether litigation expenses should be awarded to the respondent.2. The Hearing Board shall award reasonable litigation expenses to the respondent if the Hearing Board finds that the record in the case establishes by a preponderance of the evidence: a. That the respondent is a party as defined in R.I. Gen. Laws § 42-92-2; and b. That the respondent has prevailed in the underlying adjudicatory proceeding; and c. The amount of reasonable litigation expenses as defined in R.I. Gen. Laws § 42-92-2, which may include a recalculation of the expenses, and a finding that some or all of the litigation expenses qualify as reasonable litigation expenses under the statute.3. The Hearing Board shall deny an award of litigation expenses to the respondent if: a. The respondent failed to meet the burden of proof set forth above; orb. The Commission was substantially justified in the actions leading to the proceedings and in the adjudicatory proceeding itself; orc. The Commission was charged by statute with investigating a complaint that led to the adjudicatory proceeding.4. Notwithstanding the provisions of § 4.15(F)(2) of this Part above, the Hearing Board may, at its discretion, deny fees or expenses if an award of litigation expenses would be unjust due to special circumstances that exist.525 R.I. Code R. 525-RICR-10-00-4.14