445 R.I. Code R. § 445-RICR-00-00-1.23 - Hearings

Current through December, 23, 2021

A. Generally
1. Except as permitted or required by law, all hearings shall be public. The Board may, however, limit the number of spectators and participants to the extent that safety and good order require. The Board may also eject or bar the admission of any person who disrupts or threatens to disrupt a public hearing.
2. All hearings shall be held at the offices of the Board, unless by statute or order of the Board a different place is designated.
3. The hearing shall be conducted by a presiding officer who shall be the Chairperson or a Board member appointed by the Chairperson. The presiding officer, any Board member, or the Coordinator may administer oaths and affirmations, and the presiding officer shall make all decisions regarding the admission or exclusion of evidence or any other procedural matters which may arise in the course of the hearing.
4. Parties shall have the right of presentation of evidence, cross-examination, objection, motion and argument. The Board and, Board counsel may examine witnesses and require additional testimony.
5. The Board or the presiding officer may limit appropriately the number of expert witnesses that may be heard upon any issue.
6. At any stage of the hearing the Board or the presiding officer may call for further evidence upon any issue, and require such evidence to be presented by the party or parties concerned, either at that hearing or adjournments thereof. At the hearing, the Board or the presiding officer may, if deemed advisable, authorize any participant to file specific documentary evidence as part of the record within a fixed time, expiring not less than ten (10) days before the date fixed for filing and serving briefs.
B. Testimony
1. All direct testimony may be presented orally or in writing. Unless otherwise directed by the presiding officer, written testimony when properly authenticated by the witness under oath, may be transcribed into the record or admitted as an exhibit.
2. Written testimony shall be prepared in question and answer form, shall contain a statement of the qualifications of the witness, shall be signed under oath, and shall be accompanied by any exhibits to which it relates. Such written testimony shall be subject to the same rules of admissibility and cross-examination of the sponsoring witness as if it were presented orally.
3. Cross-examination of the witness presenting such written testimony shall proceed at the hearing at which it is authenticated if, not less than ten (10) days prior to the hearing, service of the written testimony has been made upon each party of record, unless the presiding officer or the Board directs otherwise.
C. Objections - When objections to the admission or exclusion of evidence before the Board or the presiding officer are made, the grounds relied upon shall be stated briefly. Formal exception to adverse rulings of the Board are not necessary.
D. Hearing Record
1. Hearings shall be stenographically reported by the official reported of the Board, and a transcript of the hearing shall be a part of the record. Such transcript shall include a verbatim report of the hearing; nothing shall be omitted therefrom except as is directed on the record by the Board or the presiding officer.
2. The record in a proceeding shall close after the filing of briefs by the parties and thereafter there shall not be received in evidence or considered as part of the record any document, letter or other evidence submitted except as provided in § 1.23(A)(6) of this Part, or changes in the transcript as provided in § 1.24(B) of this Part.

Notes

445 R.I. Code R. § 445-RICR-00-00-1.23
Amended effective November 28, 2018

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