Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 4 - Practices and Procedures Before the Rhode Island Department of Health › Section 216-RICR-10-05-4.10 - Exchange of Information

Current through June 14, 2024
A. General. The
				  Department encourages prompt and complete disclosure and exchange of
				  information between the parties to an Administrative Proceeding.
Any party may request the names and addresses of all
					 proposed witnesses in accordance with §
											4.12   of this Part.
B. Production of Documents and
				  Other Tangible Items. Any party, by written request served upon all other
				  parties, may request the other party to produce for inspection, copying or
				  photocopying a document, object or tangible thing which is relevant to the
				  subject matter of the hearing. Any party wishing to object to such a request
				  shall do so in as timely a manner as is possible prior to the date of the
				  hearing and only after discussing the matter with the opposing party in an
				  attempt to reach an agreement. The AHO in her/his discretion may establish
				  limits on such requests.
C. From
				  Parties. Any party to the proceeding may request an order of the AHO requiring
				  any other party to produce and to make available for inspection, copying or
				  photocopying, at a prehearing conference or other specific time and place, any
				  designated documents and tangible items, not privileged, which constitute or
				  contain relevant evidence. The party seeking production should serve copies of
				  the application on the other party(ies) to the proceeding, who should be given
				  an opportunity to notify the AHO of any objections. The AHO shall order the
				  production of such designated documents and tangible things unless he/she finds
				  there is not good cause for doing so.
D. From Non-parties. Any party to the
				  proceeding may obtain a subpoena requiring a non-party to produce relevant
				  designated documents and tangible items, not privileged, at a pre-hearing
				  conference, at the taking of the non-parties deposition, or at any other
				  specific time and place designated by the AHO.
E. Hearing Delay. No hearing shall be
				  continued to permit the completion of discovery unless prior due diligence is
				  shown.
4.10.1
Protective
				  Orders
A. The AHO may, upon motion and
				  for good cause shown, issue an order to protect a party or person from
				  annoyance, embarrassment, oppression, disclosure of proprietary or confidential
				  information, or undue burden or expense.
B. The AHO may, upon motion of a party or
				  another person, and for good cause shown, by order:
1. Restrict or defer disclosure by a party of
				  the name of a witness, a narrative summary of expected testimony of a witness,
				  or in the case of a Department witness, any prior statement of the witness,
				  and
2. Prescribe other appropriate
				  measures to protect a witness.
C. Any party affected by such action will
				  have an adequate opportunity, once she\he learns the name of the witness(s) and
				  obtains the narrative summary of her/his expected testimony, or, in the case of
				  a Department employee witness, her/his prior statement or statements, to
				  prepare for cross-examination and for the presentation of their case.