reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 50 - Legal Services › Subchapter 05 - General › Part 2 - Rules of Procedure for Investigating, Prosecuting, and Adjudicating Allegations against Notaries Public (220-RICR-50-05-2) › Section 220-RICR-50-05-2.2 - Definitions

Current through June 14, 2024
A. When used in these Rules, the following
				 words, except as otherwise required by the context, shall have the following
				 meaning described below. Additionally, all definitions set forth in the
				 Standards are incorporated herein by reference to these Rules.
1. "Contested Case(s)" means an adjudicatory
				 proceeding before a Hearing Officer, as hereinafter defined, of the Department
				 in which the legal rights, duties or privileges of a party are
				 determined.
2. "Complainant" means
				 the person or persons submitting a complaint to the Department against a Notary
				 Public.
3. "Complaint" means
				 allegations against a notary public that he or she has violated the Standards.
				 The Complaint shall state at a minimum:
a.
				 Complainant Information (Name and contact information)
b. Respondent/Notary Public Information (Name
				 and contact information)
c. Nature
				 of Complaint/Allegation of violation - including the date of the alleged act,
				 witnesses, and any facts deemed relevant to the allegation.
4. "Department Counsel" means the
				 legal representative of the Department.
5. "Director" means the Director of the
				 Department.
6. "Division" means a
				 Division of the Department with the authority to perform statutorily designated
				 Department functions.
7. "Hearing
				 Officer" means the individual(s) authorized by law or duly designated by the
				 Director to hear, conduct, and recommend decisions to the Director in Contested
				 Cases.
8. "Notary" or "Notary
				 Public" shall mean any person commissioned to perform official acts pursuant to
				 R.I. Gen. Laws Chapter 42-30, as amended from time to time.
9. "Party" or "Parties" means each person
				 named or admitted as a Party, or properly seeking and entitled as of right to
				 be admitted as a Party in a Contested Case.
10. "Reasonable Cause" means an apparent
				 state of facts of a type commonly relied upon by reasonably prudent persons in
				 the conduct of their affairs which if found to exist upon reasonable inquiry
				 would induce a reasonably intelligent and prudent person to believe that a
				 cause of action existed.
11.
				 "Respondent" means a Party who is the subject of a complaint and/or Department
				 investigation pursuant to §
											2.3     of this Part.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 50 - Legal Services › Subchapter 05 - General › Part 2 - Rules of Procedure for Investigating, Prosecuting, and Adjudicating Allegations against Notaries Public (220-RICR-50-05-2) › Section 220-RICR-50-05-2.4 - Opportunity to be Heard/Conduct of Hearings

Current through June 14, 2024
A. If
				 the Notary Public does not request a hearing within twenty (20) days of the
				 mailing of the notice of determination, any and all sanctions shall be imposed
				 and become effective on the twenty-first (21) day after the mailing and the
				 right to a hearing shall be considered waived.
B. If the Notary Public requests a hearing
				 within twenty (20) days, the request shall establish a Contested Case, which
				 shall then be conducted in accordance with the Department's Rules of Procedure
				 for Administrative Hearings ("Administrative Rules"), Subchapter 10 Part 2 of
				 this Chapter.
C. After a fair
				 hearing and consideration, the hearing officer shall issue a written decision
				 to the Director for her/his consideration and adoption thereof. The Director
				 shall issue her/his final written order which shall be sent by regular or
				 certified mail, postage pre-paid, to the Respondent, with a copy to the
				 Complainant.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 50 - Legal Services › Subchapter 05 - General › Part 2 - Rules of Procedure for Investigating, Prosecuting, and Adjudicating Allegations against Notaries Public (220-RICR-50-05-2) › Section 220-RICR-50-05-2.5 - Judicial Review

Current through June 14, 2024
Any Party aggrieved by a final written order of the
					 Director may file a complaint with the Superior Court pursuant to R.I. Gen.
					 Laws §
										42-35-15.
					 In the absence of a timely appeal, the order or decision of the Director shall
					 become final from which no further administrative appeal may be taken; and, a
					 copy of the final order shall be provided to the Office of the Secretary of
					 State for such as action as is consistent with the final
					 order.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 50 - Legal Services › Subchapter 05 - General › Part 2 - Rules of Procedure for Investigating, Prosecuting, and Adjudicating Allegations against Notaries Public (220-RICR-50-05-2) › Section 220-RICR-50-05-2.6 - Severability

Current through June 14, 2024
If any section, term, or provision of this Regulation
					 should be adjudged invalid for any reason, that judgment should not effect,
					 impair, or invalidate any remaining section, term, or provision, which shall
					 remain in full force and effect.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 50 - Legal Services › Subchapter 05 - General › Part 2 - Rules of Procedure for Investigating, Prosecuting, and Adjudicating Allegations against Notaries Public (220-RICR-50-05-2) › Section 220-RICR-50-05-2.7 - Effective Date

Current through June 14, 2024
This Regulation shall be effective upon adoption pursuant
					 to the Rhode Island Administrative Procedures Act.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 50 - Legal Services › Subchapter 10 - Administrative Adjudication › Part 1 - Rules Governing Declaratory Rulings and Petitions (220-RICR-50-10-1) › Section 220-RICR-50-10-1.1 - Authority

Current through June 14, 2024
This regulation ("Regulation") is promulgated pursuant to
					 the authority granted in R.I. Gen. Laws §§
										42-11-1 et seq.,
					 42-35-1 et
					 seq.,
					 42-35-6,
					 and
					 42-35-8.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 50 - Legal Services › Subchapter 10 - Administrative Adjudication › Part 1 - Rules Governing Declaratory Rulings and Petitions (220-RICR-50-10-1) › Section 220-RICR-50-10-1.2 - Definitions

Current through June 14, 2024
A. When used in this Regulation, the
				 following words shall have the following meaning:
1. "Department" shall mean the Department of
				 Administration.
2. "Director" shall
				 mean the Director of the Department.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 50 - Legal Services › Subchapter 10 - Administrative Adjudication › Part 1 - Rules Governing Declaratory Rulings and Petitions (220-RICR-50-10-1) › Section 220-RICR-50-10-1.3 - Applicability

Current through June 14, 2024
If any Division within the Department has promulgated
					 regulations pursuant to requests for a declaratory ruling relating to a
					 statutory provision or rule or order within that Division's jurisdiction, those
					 regulations shall be applicable to that Division. To the extent that a
					 Division's own regulation do not address an issue that is addressed in this
					 Regulation then this Regulation shall apply.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 50 - Legal Services › Subchapter 10 - Administrative Adjudication › Part 1 - Rules Governing Declaratory Rulings and Petitions (220-RICR-50-10-1) › Section 220-RICR-50-10-1.4 - Declaratory Rulings

Current through June 14, 2024
A. General.
				 Pursuant to R.I. Gen. Laws §
										42-35-8, any
				 interested person may petition the Department for a declaratory ruling as to
				 the applicability of any statutory provision or of any rule or order of the
				 Department. The Department shall consider the petition and within a reasonable
				 time the Department shall:
1. Issue a
				 declaratory ruling; or
2. Set a
				 reasonable time and place for hearing argument upon the matter and give
				 reasonable notification to the person of the time and place for such hearing
				 and of the issues involved.
a. If a hearing
				 as provided in §
												1.4(A)(2)     of
				 this Part is conducted, the Department shall within a reasonable time
				 thereafter issue a binding declaratory ruling.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 50 - Legal Services › Subchapter 10 - Administrative Adjudication › Part 1 - Rules Governing Declaratory Rulings and Petitions (220-RICR-50-10-1) › Section 220-RICR-50-10-1.6 - Effective Date

Current through June 14, 2024
This Regulation shall become effective twenty (20) days
					 from the date of filing with the Secretary of State's Office.
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-50-10-2.1 - Authority

Current through June 14, 2024
This Regulation is promulgated pursuant to R.I. Gen. Laws
					 §§
										42-11-1 et seq.,
					 42-35-1 et
					 seq.,
					 36-4-1
					 et seq., and
					 42-92-1 et
					 seq.
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-50-10-2.2 - Purpose and Scope

Current through June 14, 2024
A. These rules
				 ("Rules" or "Regulation") are adopted for the purpose of assisting in carrying
				 out the functions, powers, and duties assigned to the Department of
				 Administration ("Department"), whether in effect prior to or subsequent to the
				 adoption of these Rules.
B. These
				 Rules shall govern the conduct of adjudicatory proceedings commenced before the
				 Department after their effective date. These Rules shall be liberally construed
				 to further the fair, prompt, orderly administration, and determination of
				 adjudicatory proceedings in conformity with R.I. Gen. Laws § 43-35-1 et
				 seq., the Rhode Island Administrative Procedures Act. To the extent that any
				 part of these Rules are (or become) inconsistent with applicable law or the
				 terms of any other rule or regulation promulgated by the Department, the
				 applicable law and/or the terms of such other rule or regulation shall
				 apply.
C. A Hearing Officer (as
				 defined below) for the Department may also handle administrative hearings by
				 request or by delegation on behalf of other state agencies, boards, and/or
				 commissions either upon request or as appointed by the Director of the
				 Department. Any such hearings held by said Hearing Officer for the Department
				 on behalf of another agency, board, and/or commission will utilize the duly
				 promulgated rules and regulations of those agencies, boards, and/or commissions
				 concerning administrative hearings when conducting such hearings. In the
				 absence of any such regulations promulgated by said agency, board, and/or
				 commission or in the absence of a regulation applicable to a specific issue
				 raised in such a hearing, the appropriate section(s) of these Rules shall
				 apply.
D. These Rules shall also
				 govern administrative appellate reviews handled by a Hearing Officer (as
				 defined below) for the Department. Said administrative appellate review of
				 final decisions or final orders of the Department shall be held either pursuant
				 to statutory authority and/or a delegation of authority by the Director and/or
				 delegation of authority by another state agency, board, and/or commission, as
				 applicable.
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-50-10-2.3 - Definitions

Current through June 14, 2024
A. When used in these Rules, the following
				 words, except as otherwise required by the context, shall have the following
				 meaning:
1. "Contested case" means an
				 adjudicatory proceeding before a Hearing Officer of the Department in which the
				 legal rights, duties or privileges of a Party are determined.
2. "Department" means the Department of
				 Administration.
3. "Department
				 counsel" means the legal representative of the Department.
4. "Director" means the Director of the
				 Department.
5. "Division" means a
				 Division of the Department with the authority to perform the functions of the
				 Department as designated by statute.
6. "Hearing officer" means the individual(s)
				 including an Administrator of Adjudication authorized by law or duly designated
				 by the Director to conduct hearings, write decisions and, when required to make
				 recommendations to the Director in Contested Cases. It also refers to
				 individual(s) including an Administrator of Adjudication authorized by law or
				 duly designated by another state agency, board, and/or commission to conduct
				 hearings, write decisions, and when, required make recommendations to the
				 agency, board, or commission.
7.
				 "License" means a document issued by the Department (sometimes referred to as a
				 license, permit, certificate, approval, registration, charter) granting
				 permission required by law to engage in certain activities.
8. "Licensee" means any holder of a
				 License.
9. "Party" or "Parties"
				 means each Person named or admitted as a Party in a Contested Case.
10. "Person" means an individual,
				 partnership, corporation, limited liability company, association, governmental
				 subdivision, public or private organization or any other entity however
				 formed.
11. "Reasonable cause"
				 means the existence of a set of facts of a type commonly relied upon by
				 reasonably prudent persons in the conduct of their affairs which would induce a
				 reasonably intelligent and prudent person to conclude that a violation(s) of
				 law, rule, or regulation has occurred.
12. "Respondent" means a Party who is the
				 subject of a Department administrative action pursuant to §
											2.4     of this Part.
13. "Regular business hours" means the
				 regular business hours of the Department of 8:30 a.m. to 4:00 p.m. Monday
				 through Friday except for holidays observed by the State of Rhode
				 Island.
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-50-10-2.4 - Department Investigation and Action

Current through June 14, 2024
A. The Department
				 Investigation and Action. The Department, pursuant to its own authority, may
				 initiate an investigation and take regulatory action:
1. against a Licensee,
2. against an applicant for a License or
				 applicant for renewal of a License,
3. against any Person who is required to be
				 licensed but is not licensed, and
4. against any Person who is otherwise
				 subject to the regulatory or statutory authority of the Department.
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-50-10-2.5 - Notice of Contested Case

Current through June 14, 2024
A. Notice Required.
				 The Department shall give written notice ("Notice") to all Parties of the
				 initiation of a Contested Case. The Notice shall be designed to afford an
				 opportunity for hearing to all Parties pursuant to R.I. Gen. Laws §
										42-35-9 or as otherwise provided by law.
B.
				 Notices. All Persons upon whom a §
										2.5(A)     of
				 this Part Notice is served, if required to do so in the Notice, shall file a
				 written answer ("Answer") within twenty (20) days of the service of the §
										2.5(A)     of
				 this Part Notice. The Answer shall be in the form of a specific admission,
				 denial, and/or assertion that the Respondent is without sufficient knowledge or
				 information to form a belief with respect to each of the allegations in the
				 §
										2.5(A)     of
				 this Part Notice, along with the assertion of any defense to any allegation(s).
				 Any Party having a right to request a hearing shall request such hearing in
				 accordance with the terms and conditions contained in the §
										2.5(A)     of
				 this Part Notice.
C. If
				 Respondent/Party requests a hearing in response to a Notice, the Department
				 shall provide a Notice of Hearing to the Respondent in the form of an order
				 appointing a Hearing Officer which order shall specify the type of hearing and
				 the date for a prehearing conference.
D. The Notice of Hearing shall also inform
				 the Respondent that:
1. it shall be his/her
				 or its sole responsibility (or his/her or its representative) to present a
				 defense at hearing; and
2. specify
				 the statutory cause of action under which the hearing is convened and potential
				 penalty or penalties resulting therefrom.
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-50-10-2.6 - Prehearing Conferences

Current through June 14, 2024
A. The Department
				 encourages the use of prehearing conferences as a means of making more
				 effective use of hearing time and to otherwise aid in the disposition of the
				 proceeding or the settlement thereof, where appropriate.
B. The Hearing Officer may, with reasonable
				 written notice, require that all Parties attend a prehearing conference to
				 consider the following:
1. the simplification,
				 narrowing, and clarification of the issues;
2. the possibility of obtaining written
				 stipulations, admissions, and/or agreements with respect to the introduction of
				 documents or similar agreements to avoid unnecessary issues of proof, at
				 hearing;
3. the identification of
				 witnesses and any limitation of the number of witnesses;
4. the possibility of agreement disposing of
				 all or any of the issues in dispute;
5. the consideration of outstanding
				 motions;
6. the status of
				 settlement negotiations, if any;
7.
				 the possibility of use of pre-filed testimony, where appropriate;
8. issues related to discovery, including
				 possible resolution of disputes related to the scope of the discovery and any
				 limitation(s) of data and/or document requests;
9. scheduling of hearings; and
10. such other matters as may aid in the
				 efficient conduct of the regulatory proceeding.
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-50-10-2.7 - Representation

Current through June 14, 2024
A. Appearances.
1. The Department shall notify each Party
				 that each Party may retain legal counsel admitted to practice in the State of
				 Rhode Island. Said notification shall be set forth in the Department's order
				 appointing a Hearing Officer or Notice of Hearing.
2. Individuals, and partners of partnerships,
				 may appear pro se if they choose. An officer of a corporation may represent a
				 corporation as long as duly authorized by corporation to act on its behalf in
				 the matter.
3. If a Party is not
				 appearing pro se he, she, or it must be represented by a member in good
				 standing of the Bar of the State of Rhode Island or by an out of state attorney
				 admitted pro hac vice by the Superior Court or by the appropriate court unless
				 exempted pursuant to R.I. Gen. Laws §
											11-27-11.
4. All attorneys must conform to the
				 standards of ethical conduct required of practitioners before the courts of the
				 State of Rhode Island.
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-50-10-2.8 - Filing of Pleadings and Other Documents

Current through June 14, 2024
A.
				 Title. All pleadings and other documents filed with the Department in any
				 Contested Case, whenever possible, shall state the file number, if any, the
				 title of the proceeding and the name of the Person on whose behalf the filing
				 is made.
B. Form and Size. All
				 pleadings and other documents filed with the Department, except those documents
				 which are kept in a smaller or larger format during the ordinary course of
				 business, are to be submitted on 81/2 by 11 inch paper. At the discretion
				 of the Hearing Officer, filings may be made by telecopier, facsimile, or by
				 electronic mail or any other manner or means approved by the Hearing Officer.
				 If filings are made electronically, the Party shall also file a hard copy of
				 any such electronic filing. All documents must include, if applicable, the
				 Rhode Island Bar number, address, telephone number, facsimile number and e-mail
				 address of each attorney and pro se Party. All papers shall be filed during
				 Regular Business Hours. The Department's date stamp shall be presumptive of the
				 actual date of filing.
C.
				 Signature. The original copy of each pleading shall be signed and dated by the
				 Party on whose behalf the pleading is made or by the Party's authorized
				 representative. This signature shall constitute a certification that the Party
				 has read the document, understands the contents thereof and, to the best of
				 his/her knowledge, believes that such statements are true, that the document is
				 not interposed for delay and that if the pleading has been signed by his/her
				 authorized representative, he/she has full power and authority to do
				 so.
D. Construction. All pleadings
				 shall be liberally construed and errors or defects therein which do not mislead
				 or affect the substantive rights of the Parties involved may be
				 disregarded.
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-50-10-2.9 - Service

Current through June 14, 2024
A. Service Upon Parties and Others. A copy of
				 all pleadings and other documents filed in any proceeding governed by these
				 Rules shall be served upon all other Parties.
B. Manner of Service. Unless otherwise
				 ordered or authorized by the Hearing Officer, service under these Rules shall
				 be made upon a Party or upon the Party's attorney, if he/she has entered an
				 appearance, by first class mail postage prepaid, certified mail or hand
				 delivery to his or her place of business, home address or other address
				 indicated by the Party in the pleadings. For a Licensee, service of any Person
				 who has not yet entered an appearance shall be at the last address on file with
				 the Department. For any Person not licensed by the Department, service shall be
				 at the last known address which the Department reasonably believes will result
				 in actual delivery. Service by mail is complete upon mailing.
C. Certificate of Service. There shall
				 accompany and be included in the original of each pleading filed with the
				 Department a certificate of service showing service on all Parties.
D. Date of Certificate to Govern. In addition
				 to the provisions of §
										2.10(A)     of
				 this Part, the calculation of the time for response to all pleadings shall
				 commence as of the date of the certificate of service. However, if service is
				 made by mail, then one (1) day shall be added to the prescribed
				 period.
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-50-10-2.10 - Time

Current through June 14, 2024
A. Computation. Unless otherwise specifically
				 provided by law, computation of any time period referred to in these Rules
				 shall begin with the first day following the act which initiates the running of
				 the time period (including Saturday, Sunday and legal holidays). The last day
				 of the time period so computed is to be included unless it is a Saturday,
				 Sunday or legal holiday or any other day the Department is closed, in which
				 case the period shall run until the end of Regular Business Hours of the next
				 following business day.
B.
				 Extensions of Time. It shall be within the sole discretion of the Hearing
				 Officer, for good cause shown, to extend any time limit. All requests for
				 extensions of time shall be made by written motion filed with the Hearing
				 Officer.
C. Continuances. Except as
				 otherwise provided by law, the Hearing Officer may, at any time, with or
				 without request, continue or adjourn a prehearing conference or a hearing. If a
				 Party requests a continuance, the Hearing Officer may direct the Party to seek
				 the assent of the other Party(ies) prior to deciding whether to grant such
				 request. If the Hearing Officer grants a continuance at the request of a
				 Party(ies), the Hearing Officer may direct the Party(ies) requesting the
				 continuance to immediately notify all other Parties of record and if deemed
				 appropriate to prepare an order memorializing the continuance and the date to
				 which the matter has been continued. If such an order is prepared, the
				 continuance will only be effective when the notification to all other parties
				 of record has been made.
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-50-10-2.11 - Motions

Current through June 14, 2024
A. General. Any Party may request that the
				 Hearing Officer enter any order or action not inconsistent with law,
				 regulation, or these Rules. The types of motions made shall be those which are
				 permissible under these Rules and the Rhode Island Superior Court Rules of
				 Civil Procedure ("Super. R. Civ. P.").
B. Presentation/Objections to Motions.
				 Motions may be made in writing at any time before or after the commencement of
				 a prehearing conference or hearing, and/or orally during a prehearing
				 conference or hearing. Each motion shall set forth and/or state the grounds for
				 the desired order or action and state whether oral argument on the motion is
				 requested. Within ten (10) days after a written motion is filed with the
				 Hearing Officer and served on the opposing Party(ies), a Party opposing said
				 motion must file a written objection to the granting of the motion, and shall,
				 if desired, request oral argument. All written motions and objections shall be
				 accompanied by a written memorandum specifying the legal and factual basis for
				 the Party's position. The Hearing Officer may request such written memorandum
				 on oral motions and objections thereto.
C. Action on Motion. The Hearing Officer
				 shall, if he/she determines oral argument on the motion is warranted, give
				 notice of the time and place for such argument. The Hearing Officer may rule on
				 a motion without argument if the motion involves a matter as to which the
				 presentation of testimony or oral argument would not advance the Hearing
				 Officer's understanding of the issues involved or if disposition without
				 argument would best serve the public interest. The Hearing Officer may act on a
				 motion when all Parties have responded thereto, or the deadline for response
				 has passed, whichever comes first.
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-50-10-2.12 - Discovery

Current through June 14, 2024
A. General. The Department favors prompt and
				 complete disclosure and exchange of information and encourages informal
				 arrangements and cooperation among Parties in this regard. It is the
				 Department's policy to encourage the timely use of discovery as a means toward
				 effective presentations at hearing and avoidance of the use of
				 cross-examination at hearing for discovery purposes.
B. Procedure. Any Party, by written request
				 served upon all other Parties, may request the other Party to produce for
				 inspection, copying or photocopying documents, objects or tangible things which
				 are relevant to the subject matter of the hearing.
C. Hearing Delay. No hearing shall be
				 continued to permit the completion of discovery unless the Party seeking
				 discovery has exercised due diligence in attempting to complete
				 discovery.
D. Discovery Schedule.
				 At the discretion of the Hearing Officer, the discovery schedule shall be set
				 at the prehearing conference. The Hearing Officer may amend such discovery
				 schedule at the request of a Party or on his or her volition.
E. Written Discovery. Written discovery as
				 set forth in Super. R. Civ. P. is allowed but may be limited by the Hearing
				 Officer as he/she deems appropriate.
F. Types of Discovery. Any other types of
				 discovery as set forth in Super. R. Civ. P. may be allowed in the discretion of
				 the Hearing Officer.
G. Discovery
				 Disputes. Objections to discovery requests shall be made pursuant to Super. R.
				 Civ. P. If there is a dispute between the Parties with respect to whether a
				 Party has failed to completely respond to a discovery request, the Party
				 requesting the discovery shall comply with Super. R. Civ. P. 37(a)(2) prior to
				 filing a Motion to Compel Discovery.
H. A Party is not required to file discovery
				 responses with the Hearing Officer unless otherwise ordered by the Hearing
				 Officer.
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-50-10-2.13 - Subpoenas

Current through June 14, 2024
Upon application of any Party, as authorized by law,
					 subpoenas requiring attendance and testimony of witnesses and to compel the
					 production and examination of papers, books, accounts, documents, records,
					 certificates and other evidence that may be necessary or proper for the
					 determination and decision of any question before the Hearing Officer may be
					 issued by the Director or his/her designee upon submission to the Hearing
					 Officer. Except as may be otherwise provided by law, where a subpoena is not
					 honored, the Director or his/her designee may make application to the State of
					 Rhode Island Superior Court seeking an order to show cause why the Person who
					 failed to honor the subpoena should not be held in contempt and for such
					 further relief as may be appropriate. The Hearing Officer may, sua sponte, or
					 on motion of any Party or witness, issue such protective orders, grant such
					 motions to quash and/or grant other motions as justice or fairness may
					 require.
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-50-10-2.16 - Penalties

Current through June 14, 2024
A. In determining the appropriate penalty to
				 impose on a Party found to be in violation of a statute(s) or regulation(s),
				 the Hearing Officer shall look to past precedence of the Department for
				 guidance and may consider any mitigating or aggravating circumstances.
1. Mitigating circumstances may include, but
				 shall not be limited to, the following: the Party's licensing history, i.e. the
				 absence of prior disciplinary actions against the Party; the Party's acceptance
				 of responsibility for any violations; the Party's cooperation with the
				 Department; and the Party's willingness to give a full, trustworthy, honest
				 explanation of the matter at issue.
2. Aggravating circumstances may include, but
				 shall not be limited to, the following: the Party's prior disciplinary history;
				 the Party's lack of cooperation and/or candor with the Department; the
				 seriousness of the violation; whether the Party's act undermines the regulatory
				 scheme at issue; whether there has been harm to the public as a result of the
				 violation; and whether the Party's act demonstrates dishonesty,
				 untrustworthiness, or incompetence.
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-50-10-2.17 - Decisions

Current through June 14, 2024
A. All decisions rendered by the Hearing
				 Officer at the conclusion of a hearing shall be in writing and shall comply
				 with the requirements of R.I. Gen. Laws §
										42-35-12. If
				 required by law or by the delegation of authority, the decision of the Hearing
				 Officer shall be reviewed by the Director of the Department who shall enter an
				 order adopting, modifying or rejecting the decision of the Hearing Officer. The
				 decision and order shall be delivered to all Parties with a notice indicating
				 the right to take an appeal of the decision and order to the Superior Court
				 pursuant to R.I. Gen. Laws §
										42-35-15 or as otherwise provided by law.
B.
				 Unless otherwise required by law or regulation, all decisions shall be issued
				 within sixty (60) days of the close of the hearing. However, if the Hearing
				 Officer cannot complete a decision within sixty (60) days, the Hearing Officer
				 shall issue a statement to the Parties stating the reasons for delay and giving
				 the anticipated date of issuance.
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-50-10-2.18 - Publication of License Suspensions and Revocations

Current through June 14, 2024
Any final decision and order of the Director of the
					 Department which results in the imposition of a sanction of suspension or
					 revocation of a License, a bar from practice in a particular field or type of
					 business or other similar sanction may be published as many times and in
					 whatever manner as the Director, in his/her sole discretion, deems necessary to
					 adequately inform the public of the action taken. The intent to publish a
					 sanction shall be contained in the final decision, final order, consent
					 agreement, or consent order. The Director or Hearing Officer may require the
					 Licensee to bear the cost of the publication.
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-50-10-2.19 - Reconsideration

Current through June 14, 2024
A. At any time after the issuance of a final
				 decision or order, any Party may, for good cause shown, by motion petition the
				 Director or Hearing Officer to reconsider the final order or decision. The
				 petitioner shall file his/her motion within twenty (20) days of the issuance of
				 a decision or final order and shall set forth the grounds upon which he/she
				 relies. The Director or Hearing Officer may grant the motion for
				 reconsideration within his/her discretion and shall order such relief as he/she
				 deems appropriate under the circumstances.
B. The Department shall not entertain a
				 motion for reconsideration filed more than twenty (20) days after entry of the
				 final decision or order, unless the Hearing Officer finds good cause to
				 entertain said motion.
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-50-10-2.20 - Judicial Review

Current through June 14, 2024
Any Party aggrieved by a final written order or decision of
					 a Hearing Officer or Director may file a complaint with the Superior Court
					 pursuant to R.I. Gen. Laws §
										42-35-15 unless said appeal is provided for otherwise by law. In the absence of a timely
					 appeal, the order or decision of the Director or Hearing Officer shall become
					 final and no further administrative appeal may be taken.
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-50-10-2.21 - Default

Current through June 14, 2024
If any Party to a proceeding fails to answer a complaint,
					 plead, appear at a prehearing conference or hearing or otherwise fails to
					 prosecute or defend an action as provided by these Rules, the Hearing Officer
					 may enter a default judgment against the defaulting Party, take such action
					 based on the pleadings and/or other evidence submitted by the nondefaulting
					 Party as the Hearing Officer deems appropriate in his/her sole discretion or
					 take such other action as the Hearing Officer deems appropriate in his/her sole
					 discretion. Challenge to such an order shall be made as a motion for
					 reconsideration pursuant to §
										2.19     of this Part,
					 above.
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-50-10-2.22 - Disqualification; Incapacity of Hearing Officer

Current through June 14, 2024
A.
				 Disqualification. Any Party may make a motion to the Director or Hearing
				 Officer requesting that the Hearing Officer be disqualified or removed from the
				 proceeding. The motion shall be accompanied by an affidavit setting forth the
				 reasons for the request to disqualify. In the event that the motion to
				 disqualify is granted, another Hearing Officer shall be assigned to the matter.
				 If the Hearing Officer denies a motion to disqualify, the moving Party may
				 appeal to the Director.
B.
				 Incapacity. When the Hearing Officer becomes incapacitated or unavailable to
				 complete a hearing and/or render a decision, the hearing shall continue and be
				 conducted by and/or the decision rendered by a substitute Hearing Officer
				 appointed by the Director. If any Party objects to the substitution of the
				 Hearing Officer for the purpose of continuing a hearing or rendering a
				 decision, that Party must prove prejudice by presentation of argument and
				 evidence to the substitute Hearing Officer. If the substitute Hearing Officer
				 finds that the objecting Party will be prejudiced, the substitute Hearing
				 Officer will issue an order making such findings and will hear the matter de
				 novo.
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-50-10-2.23 - Miscellaneous

Current through June 14, 2024
A. Intervention. Any Person claiming a right
				 to intervene or an interest of such a nature that intervention is necessary or
				 appropriate to the administration of the statute under which the proceeding is
				 brought may seek to intervene in any proceeding. Intervention may be initiated
				 by filing a motion to intervene with the Hearing Officer. The motion shall set
				 out clearly and concisely the facts from which the nature of the movant's
				 alleged right of interest can be determined, the grounds for the proposed
				 intervention and the position of the movant in the proceeding.
B. Ex Parte Consultations. No Person who is a
				 Party to or a participant in any proceeding before the Department or the
				 Party's counsel, employee, agent or any other individual acting on the Party's
				 behalf, shall communicate ex parte with the Hearing Officer or the Director
				 about any matter related to the proceeding, and the Hearing Officer and/or the
				 Director shall not request or entertain any such ex parte communications. The
				 prohibitions contained above do not apply to those communications which relate
				 solely to general matters of procedure and scheduling of the hearing.
C. Consolidation. The Hearing Officer may, in
				 his/her discretion, consolidate or combine several matters for purposes of
				 hearing or other proceedings, when he/she finds that sufficient common issues
				 of fact or law or both are involved.
D. Plural. Words in the singular number
				 include the plural, and vice-versa, except where the context otherwise requires
				 or where a contrary result appears by necessary implication.
E. Statutes. If any statute has different
				 requirements than those contained within this Regulation, the statute shall be
				 controlling.
F. Public Documents.
				 The Department reserves the right to publish in any form any public
				 document.
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-50-10-2.24 - Consent Orders

Current through June 14, 2024
A. Consent Orders.
				 At any time after the opening of the prehearing conference and prior to the
				 close of the record of a Departmental hearing, the Parties may attempt to
				 dispose of the matter by entering into a consent order as provided in §
										2.15(J)     of
				 this Part. Every consent order shall contain, at a minimum, an admission of all
				 jurisdictional facts and express waivers of further procedural steps before the
				 Hearing Officer
,
including the right to appeal. Upon receiving a
				 consent order, the Hearing Officer may:
1.
				 accept the consent order and if required by law recommend its approval to the
				 Director; or
2. reject the consent
				 order and state the reasons therefore in writing and take such other
				 appropriate administrative action.
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-50-10-2.25 - Public Information

Current through June 14, 2024
A. Access to public
				 records shall be governed in accordance with R.I. Gen. Laws §
										38-2-1 et seq.
				 All hearings shall be conducted pursuant to the Administrative Procedures Act,
				 R.I. Gen. Laws §
										42-35-1 et
				 seq. unless otherwise specified by law. Except where the Director, his or her
				 designee or the Hearing Officer directs otherwise, or when required by law,
				 upon the opening of the prehearing conference all pleadings, orders,
				 communications, exhibits and other documents filed with the Hearing Officer
				 shall become public records. Any claim of privilege that a document is not
				 public shall be governed by the policy underlying the Access to Public Records
				 Act, with the burden of proof resting on the party claiming the
				 privilege.
B. Any Party may request
				 a preliminary finding that some or all of the information is not a public
				 document under the Access to Public Records Act. A preliminary finding that
				 some documents are not public shall not preclude the Department from later
				 determining that those documents are public in accordance with R.I. Gen. Laws
				 §
										38-2-1 et
				 seq.
C. Claims of privilege shall
				 be made by filing a written request with the Department. One copy of the
				 original documents, boldly indicating on the front page, "Contains Privileged
				 Information - Do Not Release," shall be filed specifically identifying the
				 information for which the privilege is sought, along with a description of the
				 grounds upon which the Party is claiming a privilege. If a document is filed
				 electronically, it shall contain a statement that the information has been
				 redacted; however, the original document must be filed as delineated
				 above.
D. The Department shall
				 retain the documents for which privilege is asserted to exist in a secure,
				 non-public file until a determination is made as to whether to grant the
				 request for privileged treatment.
E. Any person, whether or not a Party, may
				 apply to the Department for release of the information pursuant to R.I. Gen.
				 Laws §
										38-2-1 et
				 seq., the Access to Public Records Act. Such requests shall be governed by R.I.
				 Gen. Laws §
										38-2-1 et seq.
				 and any regulations thereunder.
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-50-10-2.26 - Hearings within the Department

Current through June 14, 2024
These Regulations relate to all hearings held before a
					 Hearing Officer under the auspices of the Department's jurisdiction. If a
					 division of the Department has also promulgated administrative hearing
					 regulations said division's regulations and these Regulations shall apply. If
					 there is a conflict between said division's regulations and these Regulations,
					 the division's regulation shall apply.
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-50-10-2.27 - Administrative Appellate Review

Current through June 14, 2024
When a Hearing Officer is handling an administrative
					 appellate review either pursuant to statutory authority and/or a delegation of
					 authority by the Director and/or delegation of authority by another state
					 agency of final decisions or final orders, said review shall be performed
					 pursuant to R.I. Gen. Laws §
										42-35-1 et
					 seq. unless otherwise provided by law.