Section 810-RICR-00-00-1.21 - HearingsA. Public Hearings. Except as permitted or required by law, or by order of the Commission with regard to matters exempt from disclosure under the Access to Public Records Act, R.I. Gen. Laws § 38-2-1et seq., all hearings shall be public. The Commission may, however, limit the number of spectators and participants to the extent that safety and good order require. The Commission may also eject or bar the admission of any person who disrupts or threatens to disrupt a public hearing.B. Site. All hearings shall be held in Providence at the offices of the Commission, unless by statute or decision of the presiding officer a different place is designated.C. Presiding Officer. The hearing shall be conducted by a presiding officer who shall be the Chair or a Commissioner. The presiding officer, if a notary public, the court stenographer, or the Clerk may administer oaths and affirmations. The presiding officer shall make all decisions regarding the admission or exclusion of evidence or any other procedural matters which may arise in the course of the hearing, unless such authority is delegated to Commission counsel.D. General. Parties shall have the rights to present evidence, cross-examine witnesses, object, file motions and briefs, and present arguments. The Commission and its staff may examine witnesses and require additional testimony.E. Direct testimony.1. All direct testimony shall be presented in writing, unless otherwise allowed by the Commission. Written testimony, when properly authenticated by the witness under oath, may be transcribed into the record or admitted as an exhibit. Where time permits, direct testimony shall be prefiled at least fourteen (14) days prior to a scheduled hearing.2. Written testimony shall be prepared in question and answer form, numbering each line of text along the left-hand margin, if possible; shall contain a statement of the qualifications of the witness; shall be signed under oath; and shall be accompanied by any exhibits to which it relates. Testimony shall have a cover sheet on which the exhibit number may be stamped. Such written testimony shall be subject to the same rules of admissibility and cross-examination of the sponsoring witness as if it were presented orally.3. Cross-examination of the witness presenting such written testimony shall proceed at the hearing at which it is authenticated if, not less than fourteen (14) days prior to such hearing, service of the written testimony has been made upon each party, unless the presiding officer for good cause shall otherwise direct.4. The filing and service of testimony and exhibits by the Division and any other party shall be made in accordance with the pre-hearing conference schedule, if any.F. Rebuttal testimony. All rebuttal testimony shall be presented in writing, unless otherwise allowed by the Commission. Written testimony, when properly authenticated by the witness under oath, may be transcribed into the record or admitted as an exhibit. Where time permits, rebuttal testimony shall be prefiled at least seven (7) days prior to a scheduled hearing. Cross-examination of a witness presenting rebuttal testimony shall proceed at the hearing at which it is authenticated if, not less than seven (7) days prior to such hearing, service of the rebuttal testimony has been made upon each party, unless the presiding officer for good cause shall otherwise direct.G. Objections. When objections are made to the admission or exclusion of evidence before the Commission, the grounds relied upon shall be stated briefly. Formal exception to adverse rulings of the Commission is not necessary.H. Number of Witnesses. The Commission may limit appropriately the number of witnesses that may be heard upon any issue.I. Further Evidence. At any stage of the hearing the Commission may call for further evidence upon any issue, and require such evidence to be presented by the party or parties concerned. At the hearing, the Commission may, if deemed advisable, authorize any participant to file specific documentary evidence as part of the record within a fixed time, expiring not less than ten (10) days before the date fixed for filing and serving briefs. If requested by a party, cross-examination of this material shall be permitted.J. Exhibits. All exhibits shall, to the extent practicable, be marked for identification prior to commencement of the hearing. Exhibits shall have a cover sheet on which the exhibit number may be stamped. The parties are encouraged to stipulate to the admissibility of exhibits. A list of the exhibits to be admitted by stipulation shall be prepared by the parties for the convenience of the court stenographer and the Commission (see "Public Utilities Commission's Sample Exhibit List"). Except as allowed by the presiding officer, no exhibit shall be marked for identification unless copies have been provided to all parties and to the Commission. Immediately prior to the hearing, corrections to the prefiled testimony shall be made and initialed by the sponsoring witness under the supervision of Commission counsel.K. Position Memoranda. If the Division or any other party opposing the application or any portion thereof shall elect not to file testimony, it shall nevertheless file a memorandum which shall summarize the basis for the opposition and also as to each aspect of the applicant's case which is opposed shall state to the extent possible the monetary difference between the applicant's position and that of the opponent.L. Recording of Hearings. Hearings shall be stenographically recorded, and a transcript of the hearing shall be a part of the record. Such transcripts shall include a verbatim report of the hearing; nothing shall be omitted therefrom except as is directed on the record by the Commission. Any person may record, with prior notice to the Commission, all or any portion of a hearing by way of camera, video, or tape recorder of any kind. If a hearing is closed by order of the Commission, the transcript shall be treated as a document exempt from disclosure under the Access to Public Records Act, R.I. Gen. Laws § 38-2-1et seq., and only those persons authorized to be present may independently record the proceedings.M. Close of Record. The record in a proceeding shall close after the briefs, if any, have been filed, or otherwise after the dispositive open meeting, and thereafter there shall not be received in evidence or considered as part of the record any document, letter or other evidence submitted except as provided in § 1.21(I) of this Part, changes in the transcript as provided in § 1.24(B) of this Part, or as otherwise stipulated by the parties with the agreement of the Commission.810 R.I. Code R. 810-RICR-00-00-1.21