815 R.I. Code R. 815-RICR-00-00-1.30

Current through December 3, 2024
Section 815-RICR-00-00-1.30 - Division Orders
A. Written Orders
1. The Administrator or the Administration and Operations Officer will issue Division orders in writing in every proceeding. The timeliness of applications for rehearing and notices of appeal shall be calculated from the date the written order is issued.
B. Adjudication's for Equal Access to Justice for Small Businesses and Individuals
1. Pursuant to R.I. Gen. Laws § 42-92-1 et seq., the Hearing Officer shall award reasonable litigation expenses incurred by the prevailing party in connection with certain adjudicatory proceedings, if the Hearing Officer concludes that there was no reasonable basis in fact and law for the Advocacy Section's position. The following conditions must be met:
a. the adjudicatory proceedings must involve loss of benefits, the imposition of a fine, the suspension or revocation of a license or permit, or the compulsion or restriction of activities; and
b. the prevailing party just be either:
(1) an individual whose net worth is less than $500,000.00 at the time the adjudication is initiated; or
(2) an individual, partnership, corporation, association, or private organization doing business and located in the state, which is independently owned and operated, not dominant in its field, and which employs no more than 100 persons at the time the adjudication is initiated; and
c. the prevailing party must request reimbursement not later than thirty (30) days following the issuance of the written order, detailing:
(1) compliance with §§ 1.30(B)(1) and (2) of this Part; and
(2) the costs incurred in defending against the unreasonable adjudicatory proceedings, including, but not limited to, attorney's fees and witness fees.
C. If found to the applicable, the Hearing Officer shall issue a supplementary order directing the Division to pay reasonable litigation expenses, as limited by R.I. Gen. Laws § 42-92-2(c).

815 R.I. Code R. 815-RICR-00-00-1.30