445 R.I. Code R. § 445-RICR-00-00-1.12 - Final Hearings

Current through December, 23, 2021

A. Purpose - After the time in which advisory opinions must be submitted, the Board shall convene a final hearing which shall provide the applicant, intervenors, the public and all other parties the opportunity to address in a single forum and from a consolidated statewide perspective, the issued reviewed and the recommendations made in the proceedings before designated agencies and DEM and CRMC.

B. Notice - Public notice of the date on which the final hearing shall begin shall be published within fifteen (15) days of the date on which advisory opinions must be submitted. Final hearings must commence not later than forty-five (45) days after the date on which advisory opinions must be submitted.

C. Testimony & Evidence - Not later than ten (10) days before the commencement date for the final hearing, each party shall file with the Coordinator all direct testimony in writing and copies of all documents and other evidence that the party proposes to introduce at the final hearing. Except for good cause shown, the Board will not receive direct testimony, documents or other evidence that has not been prefiled as required above. The Board may limit the presentation of repetitive or cumulative evidence and, except for good cause shown, shall not rehear evidence which was presented previously in proceedings before designated agencies and DEM and CRMC.

D. Participation of the Parties in Agency Proceedings

1. Notwithstanding the provisions of this Part, parties shall have the obligation to present all relevant testimony and evidence and to fully participate in designated agency proceedings held pursuant to a preliminary decision of the Board and in DEM and CRMC proceedings regarding licenses for energy facilities which are exercised pursuant to delegated authority of federal law, pursuant to state law and regulations which implement such federal or state laws.

2. The Board may limit or prohibit the presentation of testimony and evidence regarding issues addressed in a designated agency's advisory opinion or in a DEM or CRMC proceeding regarding licenses for energy facilities. The Board shall consider the relevance of such testimony or evidence to the advisory opinion and grant or denial of a Board license, whether the testimony or evidence could have been presented by the party at the designated agency, DEM of CRMC proceeding, whether the rights participants in the designated agency, DEM or CRMC will be prejudiced by receipt of the testimony or evidence and any other factor deemed relevant by the Board.

E. Cross Examination - The legal counsel of each party only shall be allowed to cross examine each witness testifying before the Board, unless otherwise ordered by the Board for good cause shown.

F. Rebuttal Testimony - Rebuttal testimony may be allowed at the discretion of the Board subject to filing requirements set by the Board as to time, form and issues.

G. Board Witness - Notwithstanding the requirements for prefiled written direct testimony the board shall have the right to call and examine any witness at any time which may assist the Board in rendering its final decision.

H. Public Comment - The Board shall allow comment by the public subject to such scheduling and length restrictions as the Board deems necessary and reasonable.

I. Time - Presentation and receipt of testimony and evidence shall be concluded not more than sixty (60) days after the initial hearing date.

J. Briefs - The Board may require the submission of Briefs regarding issues to be addressed by the Board.

Notes

445 R.I. Code R. § 445-RICR-00-00-1.12

Amended effective November 28, 2018