Section 815-RICR-00-00-1.27 - 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.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 Hearing Officer. 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 proponent placing the details of the agreement into the record, including its underlying rationale. The Hearing Officer will determine whether this is appropriate on a case by case basis.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 Hearing Officer determines that any offer of settlement is contested in whole or in part by any party, the Hearing Officer may decide the merits of the contested settlement issues, if the record contains substantial evidence upon which to base a reasoned decision, or the Hearing Officer determines there is no genuine issue of material fact. a. If the Hearing Officer determines that the contested issues are severable from the offer of settlement, (s)he 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 Hearing Officer that the settlement appears to be fair and reasonable and in the public interest. The Hearing Officer will not ever any contested issues; the resolution of which, in the judgment of the Hearing Officer 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 Hearing Officer finds that the record lacks substantial evidence or that the contested issues, cannot be severed from the offer of settlement, the Hearing Officer will establish procedures for the purpose of receiving additional evidence upon which a decision on the contested issues may reasonably be based.5. The Hearing Officer is not bound by settlement agreements, and (s)he will independently review any settlement proposed to determine whether the settlement is just, fair and reasonable, in the public interest, or otherwise in accordance with law and regulatory policy. When a settlement agreement is presented for decision, the Hearing Officer may accept the settlement, reject the settlement, or state additional conditions under which the settlement will be accepted. If the Hearing Officer rejects the settlement or if the Hearing Officer'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 Hearing Officer 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 Hearing Officer is not subject to discovery or admissible in evidence against any participant who objects to its admission.C. Hearing on Settlement Offer 1. The Hearing Officer has discretion to conduct a public hearing on any settlement (s)he accepts. No separate public notice shall be required prior to such hearing.815 R.I. Code R. 815-RICR-00-00-1.27