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-50-10-2.14 - Evidence

Current through June 14, 2024
A. Rules of Evidence. Irrelevant, immaterial
				 or unduly repetitious evidence shall be excluded in all proceedings wherein
				 evidence is taken. While the rules of evidence as applied in civil cases in the
				 Superior Courts of this state shall be followed to the extent practicable, the
				 Hearing Officer shall not be bound by the technical evidentiary rules. Evidence
				 not otherwise admissible may be admitted, unless precluded by statute, when
				 necessary to ascertain facts not reasonably susceptible of proof under the
				 rules, if the evidence is of a type commonly relied upon by reasonably prudent
				 persons in the conduct of their affairs. The rules of privilege recognized by
				 law shall apply. Objections to evidentiary offers may be made and shall be
				 noted in the record.
B. Exhibits,
				 Copies. In all cases wherein evidence is taken, exhibits may be introduced in
				 the form of copies or excerpts, if the original is not readily available. Upon
				 request, a Party shall be given an opportunity to compare the copy with the
				 original.
C. Administrative Notice.
				 In all proceedings wherein evidence is taken, notice may be taken of judicially
				 cognizable facts. In addition, notice may be taken of generally recognized
				 technical or scientific facts within the Department's specialized knowledge.
				 Parties shall be notified by the Hearing Officer either before or during the
				 hearing, or by reference in preliminary reports or otherwise, of the material
				 noticed, including any report or data required by law or regulation to be filed
				 with the Department. Parties shall be afforded an opportunity to contest the
				 material so noticed. The Hearing Officer's experience, technical competence and
				 specialized knowledge may be utilized in the evaluation of the evidence. The
				 burden is on the Party requesting the Hearing Officer's notice to produce the
				 documents or other matter for the Hearing Officer's review.
D. Department Employees, Agents and
				 Consultants. At the hearing, the Hearing Officer may employ the use of
				 Department employees, agents and consultants to assist him/her in the
				 evaluation of any evidence introduced at the hearing.
E. Oath. All testimony shall be under oath or
				 by affirmation.
F. Testimony. At
				 the discretion of the Hearing Officer, an adverse inference may be drawn by an
				 assertion by a witness or a Party of his/her Fifth Amendment rights under the
				 U.S. Constitution.
G. Under Seal.
				 Where it is determined necessary by the Hearing Officer either sua sponte or at
				 the request of a Party, documentary evidence may be sealed to protect
				 confidential agency documents. Such documents include but are not limited to
				 agency work product entered into evidence pursuant to R.I. Gen. Laws §
										36-4-40 appeal, civil service examination questions, and tax matters pursuant to R.I.
				 Gen. Laws §
										44-19-30.
				 In the event of an appeal of a decision rendered in a matter where part of the
				 record is under seal, the sealed portion shall be considered part of the record
				 on appeal.
H. Objections.
				 Objections to evidentiary evidence may be made and shall be noted on the
				 record. Parties objecting to the introduction of evidence shall state the
				 precise grounds for such objection at the time such evidence is offered. When
				 objection is made to the admissibility of evidence, such evidence may be
				 received subject to later ruling. The Hearing Officer may, in his/her
				 discretion, either with or without objection, exclude inadmissible or
				 cumulative evidence.
I. Documentary
				 Evidence in Advance: Where practicable the Hearing Officer may require:
1. That all documentary evidence which is to
				 be offered during hearing be submitted to the other Party and/or the Hearing
				 Officer sufficiently in advance of offering such evidence to permit study and
				 preparation of cross-examination and rebuttal evidence;
2. That documentary evidence not submitted in
				 advance, as otherwise required under §
											2.14(I)(1)     of this Part, not be received in evidence in the absence of a clear showing
				 that the offering Party had good cause for failing to produce the evidence
				 sooner; and
3. That the
				 authenticity of all documents submitted in advance in a proceeding in which
				 such submission is required, be deemed admitted unless written objection
				 thereto is filed prior to the hearing, except that a party will be permitted to
				 challenge such authenticity at a later time upon a clear showing of good cause
				 for failing to have filed such written objection.