Current through November 7, 2024
Section 845-RICR-00-00-1.9 - HearingA. Hearings shall follow the procedures and requirements of the Administrative Procedures Act. The Executive Director shall designate a Hearing Officer to preside at the hearing and to render a decision. If a Hearing Officer designated is a member of the Corporation's staff, he shall not have had any prior involvement in the issuance of the notice of violation or subject matter of the hearing.B. The Corporation shall have the burden of proving by a preponderance of the evidence that the hauler has delivered solid waste for disposal or disposed solid waste at a facility or system that has not been designated by the Corporation.C. Subject to the control and rulings of the Hearing Officer, a hauler, who has requested a hearing, shall have a reasonable opportunity to cross-exam witnesses presented by the Corporation, examine and object to the introduction of evidence and present witnesses and evidence in his own behalf.D. Upon finding that the Corporation has proven by preponderance of the evidence that the hauler has delivered solid waste for disposal or has disposed of solid waste at facilities or systems not designated by the Corporation, the Hearing Officer shall impose a fine of up to $1,000 for each load or partial load of solid waste so delivered or disposed and shall order the hauler to cease and desist such activities.E. Upon finding that the Corporation has not proven its case by a preponderance of the evidence the notice of violation shall be revoked.845 R.I. Code R. 845-RICR-00-00-1.9