Section 810-RICR-00-00-1.25 - Stipulations and Settlement OffersA. Stipulations. 1. The parties may stipulate as to any relevant matters of fact or the authenticity of any relevant documents. Such stipulations may be received in evidence at a hearing, and when so received in evidence at a hearing, shall be binding on the parties with respect to the matters therein stipulated.2. Stipulations shall conform to the applicable requirements of §§ 1.6 and 1.8 of this Part, except stipulations made orally on the record during hearings.B. Settlement Offers.1. Any party to a proceeding may submit an offer of settlement at any time. The offer must be filed with the Clerk, who will transmit the offer to the Commission. An offer of settlement must include: a. the signed settlement offer;b. an attestation by signatories that the settlement is reasonable, in the public interest, and in accordance with law and regulatory policy.2. Settlement agreements reached at a very early stage in a proceeding, before the establishment of an adequate evidentiary basis, must be supported by the proponents' placing the details of the agreement into the record, including its underlying rationale.3. The failure of all parties to agree to or execute a settlement document should not be fatal to an otherwise reasonable settlement. However, nonsignatory parties must have the right to fully present their evidence and legal arguments and cross-examine all pertinent witnesses of other parties, for the purpose of presenting and litigating the contested issues. A party who does not sign settlement documents may not defeat or challenge a settlement simply by refusing to sign the document.4. If the Commission determines that any offer of settlement is contested in whole or in part by any party, the Commission may decide the merits of the contested settlement issues, if the record contains substantial evidence upon which to base a reasoned decision, or the Commission determines there is no genuine issue of material fact. a. If the Commission determines that the contested issues are severable from the offer of settlement, it shall so inform the parties and, unless objected to by any party to the offer of settlement, the uncontested portions may be severed and decided upon a finding by the Commission that the settlement appears to be fair and reasonable and in the public interest. The Commission will not sever any contested issues the resolution of which, in the judgment of the Commission or any party to the offer of settlement, would affect the offer of settlement as a whole or the underlying bargain of the parties thereto.b. If the Commission finds that the record lacks substantial evidence or that the contested issues cannot be severed from the offer of settlement, the Commission will establish procedures for the purpose of receiving additional evidence upon which a decision on the contested issues may reasonably be based.5. The Commission is not bound by settlement agreements, and it will independently review any settlement proposed to it to determine whether the settlement is just, fair and reasonable, in the public interest, or otherwise in accord with law and regulatory policy. When a settlement agreement is presented for decision, the Commission may accept the settlement, reject the settlement, or state additional conditions under which the settlement will be accepted. If the Commission rejects the settlement or if the Commission's conditional acceptance of the settlement is rejected by the parties to the settlement, the matter shall continue, as though no settlement had been presented, and the settlement shall be deemed withdrawn.6. An offer of settlement that is not approved by the Commission is not admissible in evidence against any participant who objects to its admission. Any discussion of the parties with respect to an offer of settlement that is not approved by the Commission is not subject to discovery or admissible in evidence against any participant who objects to its admission.C. Hearing on Settlement Offer. The Commission has discretion to conduct a public hearing on any settlement it accepts. No separate public notice shall be required prior to such hearing.810 R.I. Code R. 810-RICR-00-00-1.25