815 R.I. Code R. 815-RICR-00-00-1.12

Current through December 3, 2024

Section 815-RICR-00-00-1.12 - Notice

A. Notice Required

1. The Division shall give, or shall require any designated party to give, notice of the commencement of scheduled hearings in any pending matter to all parties and to such other persons as the Division designates. After commencement, a hearing may be adjourned upon oral notice to those present at the time of adjournment.

a. The Administrator may give, or may require any designated party to give, notice of an informational or record conference to all parties and to such other persons as the Administrator designates.

(1) Such notice is required for matters which have been docketed but not scheduled for hearing.

(2) The Division will follow the requirements of R.I. Gen. Laws § 42-46-6 for any informational or record conference which is not noticed under § 1.2(B) of this Part.

b. The Administrator may give notice of an informational or record conference, to the general public and other persons as the Administrator designates, for matters which have not been docketed. If such a conference is not noticed under subsection, the Division will follow the requirements of R.I. Gen. Laws § 42-46-6.

B. Form of Notice

1. Notice shall be by first class mail or personal service unless otherwise specified by the Administrator and shall be published in The Providence Journal-Bulletin or other newspaper of general circulation serving the affected ratepayers. Nothing herein, however, shall limit the power of the Administrator to order notice by other means, including but not limited to notice by publication or notice in periodic bills sent to utility customers.

C. Contents of Notice.

1. The notice shall include:

a. A statement of the time, place and nature of the hearing;

b. A statement of the legal authority and jurisdiction under which the hearing is held;

c. A reference to the particular section of any statutes and rules involved;

d. A short and plain statement of the matters involved. If at the time notice is given the Division or the party giving notice is unable to state the matters in detail which are to be the subject of the hearing, the initial notice may be limited to a statement of the issues involved and a detailed statement may be furnished at a later time; and

e. A statement that the Division is accessible to the handicapped, and that individuals requesting interpreter services for the hearing impaired must contact the Clerk seventy-two hours in advance of the hearing.

D. Period of Notice

1. Unless otherwise provided by statute, or unless the Administrator, Administration and Operations Officer, Associate Administrator(s) or Hearing Officer finds that a shorter period of notice is reasonable and consistent with the public interest, notice of a hearing shall be given at least ten (10) calendar days prior thereto.

E. Address

1. Unless notice to the contrary has been received by the Division, notice shall be sufficient if mailed or delivered to the following:

a. If the addressee is a holder of a certificate, permit or license, the address shown on the last application for the issuance or amendment thereof.

b. If the addressee has tariffs on file, to the address shown on any tariff in effect at the time of notice.

c. If an attorney has entered an appearance on behalf of the addressee, to the office of the attorney.

F. Notice Regarding Adoption of Rules

1. Prior to the adoption, amendment, or repeal of any rule, the Division will:

a. Give at least thirty (30) calendar days notice of its intended action. The notice shall include a statement of either the terms or the substance of the intended action or a description of the subjects and issues involved, and of the manner in which interested persons may present their views thereon. The notice will be mailed to all persons who have made timely requests to the Division for advance notice of its rulemaking proceedings, and published in The Providence Journal-Bulletin, provided, however, that if said action is limited in its applicability to a particular area, then said publication may be in a newspaper having general circulation in said area.

b. Afford all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing.

2. If the Division finds that an imminent peril to the public health, safety, or welfare requires adoption of a rule upon less than thirty (30) calendar days notice, and states in writing the reasons for that finding, it may proceed without prior notice or hearing, or upon any abbreviated notice and hearing that it finds practicable, to adopt an emergency rule. The rule so adopted may be effective for a period of not longer than one hundred twenty (120) calendar days. This procedure shall not preclude adoption of the identical rule once the notice requirements of § 1.12(F)(1) of this Part are met.

815 R.I. Code R. 815-RICR-00-00-1.12