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