Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 50 - Legal Services › Subchapter 10 - Administrative Adjudication › Part 2 - Rules of Procedure for Administrative Hearings (220-RICR-50-10-2) › Section 220-RICR-50-10-2.15 - Conduct of Hearings

Current through June 14, 2024
A. General.
				 Hearings shall be as informal as may be reasonable and appropriate under the
				 circumstances. All Parties, witnesses and other Persons at a hearing shall
				 conduct themselves in a manner consistent with the standards of decorum
				 commonly observed in any courtroom. Where such decorum is not observed, the
				 Hearing Officer may take appropriate action including ejectment or adjournment,
				 if necessary.
B. Duties of Hearing
				 Officer. The Hearing Officer shall conduct the hearing, make all decisions
				 regarding admission or exclusion of evidence or any other procedural matters
				 and either administer oaths to witnesses or instruct the stenographer to do
				 so.
C. Order of Proceedings. Except
				 as otherwise required by law, it shall be the usual practice that hearings of
				 the Department shall be open. Where evidence is peculiarly within the knowledge
				 of one Party, or where Contested Cases have been consolidated or where there
				 are multiple Parties, the Hearing Officer may, in his/her discretion, direct
				 who shall open and shall further designate the order of presentation of
				 evidence.
D. Rights of Parties.
				 Parties shall have the right to present evidence, cross-examine witnesses,
				 object, make motions, and present arguments. The Hearing Officer may question
				 any Party or any witness for the purpose of clarifying his or her understanding
				 or to clarify the record of the proceedings.
E. Record of Proceedings.
1. A complete record of the proceedings shall
				 be recorded on audiotape, digital recorder or similar electronic device or, at
				 the discretion of the Hearing Officer, by stenographic record. In the event the
				 Hearing Officer orders a stenographic record, the Hearing Officer shall order
				 which Party or Parties shall bear the cost thereof. Any Party may on his, her
				 or its own initiative order a stenographic record made of the proceedings. The
				 requesting Party shall incur all costs associated therewith. The Hearing
				 Officer shall be provided an original of the stenographic record at no cost and
				 the Department Counsel shall be provided with a copy at no cost. Any Party may
				 request a copy of the audiotape record of the proceedings. The requesting Party
				 shall bear the cost of reproducing said audiotapes thereof.
2. If a Party chooses to appeal a final
				 Departmental decision to Superior Court pursuant to R.I. Gen. Laws §
											42-35-1 et
				 seq. or to appeal a decision as otherwise provided by law and the Superior
				 Court (or another Court) requires a transcript of the hearing and there is only
				 an electronic recording of the hearing, said Party shall be responsible for
				 having the transcript prepared by an independent person or company at his, her
				 or its expense within twenty (20) days of filing the appeal.
3. For appeals to the Personnel Appeal Board
				 of decisions rendered pursuant to R.I. Gen. Laws §
											36-4-41,
				 the Appellant shall bear the cost of the transcription as provided by
				 law.