Current through December 3, 2024
Section 815-RICR-00-00-1.31 - Relief from OrderA. Clerical Mistakes 1. Clerical mistakes in orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the Administrator at any time on his or her own initiative, or on motion of any party and after such notice as the Administrator orders. During the pendancy of an appeal, such mistakes may be so corrected before the appeal is docketed in the Superior Court and thereafter, while the appeal is pending, may be so corrected with leave of the Superior Court.B. Mistake, Inadvertence, Excusable Neglect, Newly Discovered Evidence, Fraud, Other 1. On motion or sua sponte, and upon such terms as are just, the Administrator may relieve a party from a final order or proceeding for the following reasons:a. Mistake, inadvertence, surprise, or excusable neglect;b. Newly discovered evidence, which by due diligence could not have been discovered in time to move to reopen the proceedings under § 1.29 of this Part;c. Fraud, misrepresentation, or other misconduct of an adverse party;e. A prior order on which the order is based has been reversed or otherwise vacated, or it is no longer equitable that the order should have prospective application; orf. Any other reason justifying relief from the operation of the order.C. Time1. A motion under §§ 1.31(A) or (B) of this Part above shall be made within a reasonable time not more than one (1) year after the order is entered. A motion under subsection § 1.31(B) of this Part does not affect the finality of an order or suspend its operation. This rule does not limit the power of the Administrator to entertain an independent action to relieve a party from an order or to set aside an order for fraud upon the Hearing Officer.D. Motion for Reconsideration 1. Upon motion of any party made not later than ten (10) calendar days after the date of the Division order the Hearing Officer or Administrator may amend his or her findings or make additional findings and may amend the order accordingly.E. Jurisdiction 1. The Division retains jurisdiction over all matters until an appeal is docketed in the Superior Court. Once an appeal has been docketed jurisdiction lies in the Superior Court and any request for relief must be made to the Superior Court.2. Unless the Division acts upon a motion for reconsideration within fourteen (14) calendar days after the request is filed, the request is denied.815 R.I. Code R. 815-RICR-00-00-1.31