815 R.I. Code R. § 815-RICR-00-00-1.23 - Hearings

A. Public Hearings

1. Except as permitted or required by law, or by order of the Hearing Officer with regard to matters exempt from disclosure under the Access to Public Records Act, R.I. Gen. Laws § 38-2-1, et seq., all hearings shall be public. The Hearing Officer may, however, limit the number of spectators and participants to the extent that safety and good order require. The Hearing Officer may also effect or bar the admission of any person who disrupts or threatens to disrupt a public hearing.

B. Site

1. All hearings shall be held in Warwick at the office of the Division, unless by statute or order of the Administrator a different place is designated.

C. Hearing Officer

1. The hearing shall be conducted by a Hearing Officer. The Hearing Officer, if a notary public, the court stenographer, or the Clerk may administer oaths and affirmation. The Hearing 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. At any point where the Hearing Officer's impartiality is reasonably questioned, the Hearing Officer is required to disqualify himself or herself.

D. Rights of Parties

1. Parties shall have the right to present evidence, cross-examine witnesses, object, file motions, and present arguments.

E. Direct testimony.

1. All direct testimony shall be presented in writing, unless otherwise allowed by the Hearing Officer. Written testimony, when properly authenticated by the witness under oath, may be transcribed into the record or admitted as an exhibit. Direct testimony shall be prefiled at least fourteen (14) calendar days prior to a scheduled hearing. The fourteen (14) day time limit may be waived upon agreement of the parties or order of the hearing officer.

2. Written testimony shall be prepared in question and answer form, numbering each line of text along the left-hand margin, if possible; 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 fourteen (14) calendar days prior to such hearing, service of the written testimony has been made upon each party, unless the Hearing Officer for good cause shall otherwise direct.

4. The filing and service of testimony and exhibits shall be made in accordance with the pre-hearing conference schedule, if any.

F. Rebuttal Testimony

1. All rebuttal testimony shall be presented in writing, unless otherwise allowed by the Hearing Officer. Written testimony, when properly authenticated by the witness under oath, may be transcribed into the record or admitted as an exhibit. Where time permits, rebuttal testimony shall be prefiled at least seven (7) calendar days prior to a scheduled hearing. Cross-examination of a witness presenting rebuttal testimony shall proceed at the hearing at which it is authenticated if, not less than seven (7) calendar days prior to such hearing, service of the rebuttal testimony has been made upon each party, unless the presiding officer for good cause shall otherwise direct.

G. Objections

1. When objections are made to the admission or exclusion of evidence before the Hearing Officer, the grounds relied upon shall be stated briefly. Formal exception to adverse rulings of the Hearing Officer is not necessary.

H. Number of Witnesses.

1. The Hearing Officer may limit the number of witnesses that may be heard upon any issue.

I. Further Evidence

1. At any stage of the hearing the Hearing Officer may call for further evidence upon any issue, and require such evidence to be presented by the party or parties concerned. At the hearing, the Hearing 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) calendar days before the date fixed for filing and serving briefs. If requested by a party, cross examination of this material shall be permitted.

J. Exhibits

1. All exhibits shall, to the extent practicable, be marked for identification prior to commencement of the hearing. The parties are encouraged to stipulate to the admissibility of exhibits. Except as allowed by the Hearing Officer, no exhibit shall be marked for identification unless copies have been provided to all parties and the Hearing Officer. A list of the exhibits to be admitted by stipulation shall be prepared by the parties for the convenience of the stenographer and the Hearing Officer.

K. Position Memoranda

1. If any party opposing the application or any portion thereof shall elect not to file testimony, it shall nevertheless file a memorandum which shall summarize the basis for the opposition, and, if applicable, as to each aspect of the applicant's case which is opposed, shall state to the extent possible the monetary difference between the applicant's position and that of the opponent.

L. Stenographic Record

1. Formal hearings shall be stenographically reported by the official reporter of the Division unless the Hearing Officer orders that an individual hearing will be recorded in another manner, selected by the Hearing Officer A transcript of the hearing shall be a part of the record. Such transcripts shall include a verbatim report of the hearing and nothing shall be omitted therefrom except as is directed on the record by the Hearing Officer. Any person may record, with prior notice to the Hearing Officer and parties, all or any portion of a hearing by way of camera, video or tape recorder of any kind.

2. If a hearing is closed by order of the Hearing Officer, the transcript or recording thereof shall be treated as a document exempt from disclosure under the Access to Public Records Act, R.I. Gen Laws § 38-2-1 et seq., and only those persons authorized to be present may independently record the proceedings.

M. Close of Record.

1. The record in a proceeding shall close at a time set by the Hearing Officer. The proceedings are not automatically closed at the end of testimony unless ordered by the Hearing Officer. Following the date the proceedings are ordered closed by the Hearing Officer, there shall not be received in evidence or considered as part of the record any document, letter or other evidence submitted, unless permitted in the discretion of the Hearing Officer.

Notes

815 R.I. Code R. § 815-RICR-00-00-1.23