reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 170 - Resilience and Climate Change › Subchapter 05 - Financial Assistance › Part 2 - Rules and Regulations for the Wastewater Treatment Facility Resiliency Fund › Section 250-RICR-170-05-2.10 - Application Review and Selection

Current through June 14, 2024
1.  Application
				  Review
A. The Director shall establish a
				  Review Committee to review the completed applications. All complete
				  applications shall be subject to review by up to four (4) members of the
				  Department, and at least one (1) member selected by the Director from outside
				  the Department.
B. The Review
				  Committee shall review all applications to determine eligibility and
				  completeness. In order to satisfy the eligibility determination, the following
				  criteria will be considered:
1. The
				  applicants and their proposed projects must meet the requirements as outlined
				  in this Part.
2. Projects accepted
				  by the Department as complete and consistent with these regulations will be
				  ranked in a manner specified in the announced Request for Proposals based upon
				  the following criteria, which shall be applied to promote the goals and
				  requirements of this Part.
a. The extent to
				  which the project addresses climate change impacts and improves community
				  resilience;
b. Readiness and
				  timeliness to proceed;
c. The
				  extent to which the project conforms to approved plans and relevant
				  studies;
d. The extent to which the
				  project has been vetted with facility operations and maintenance
				  staff;
e. The beneficial
				  environmental impact to the land and waters of the State;
f. The estimated costs, and cost
				  effectiveness, of the project in its entirety.
3. Recommendations for awards will be made to
				  the Director based on a majority vote of the Review Committee. The final
				  decision on any award shall be made by the Director.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 170 - Resilience and Climate Change › Subchapter 05 - Financial Assistance › Part 2 - Rules and Regulations for the Wastewater Treatment Facility Resiliency Fund › Section 250-RICR-170-05-2.11 - Grant Awards

Current through June 14, 2024
A. Grant Award -
				  Successful applicants will receive a grant agreement specifying the amount,
				  duration, and conditions of the award. The agreement will be in the form of a
				  binding contract. Other requirements to secure funding shall be:
1. Recipients will be required to sign,
				  accept, and return the agreement to the Department within forty-five (45) days
				  of the date of mailing. Failure to execute the agreement within the forty-five
				  (45) days may result in the cancellation of the grant award and may result in
				  these funds being awarded to the next highest rated project.
2. The recipient is responsible for obtaining
				  all necessary permits or approvals from any federal, state, or local agency
				  with authority over the project or project area. Copies of these
				  permits/approvals must be submitted to the Department upon request.
3. All grant payments will be paid in the
				  form of reimbursement payments for eligible expenses incurred in accordance
				  with an approved project. In general, up-front costs or prepayment will not be
				  allowed, however, if at the sole discretion of the Director, such costs are
				  small compared to the overall value of the project or are clearly demonstrated
				  to be necessary for the success of the project, and sufficient documentation
				  and collateral are presented, they may be considered. Requests for
				  reimbursement must include documentation of the incurred, eligible costs. Such
				  type of documentation required to receive reimbursement will be detailed in the
				  grant offer and/or grant agreement.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 170 - Resilience and Climate Change › Subchapter 10 - Ocean State Climate Adaptation and Resilience Fund › Part 1 - Ocean State Climate Adaptation and Resilience Fund Policies and Procedures › Section 250-RICR-170-10-1.1 - Jointly Promulgated Regulation

Current through June 14, 2024
A. Rhode Island
				  Infrastructure Bank, Rhode Island Coastal Resources Management Council, and
				  Rhode Island Department of Environmental Management jointly promulgate
				  830-RICR-10-35-1, "Rules and Regulations for Ocean State Climate Adaptation and
				  Resilience Fund".
B. This Part
				  hereby adopts and references 830-RICR-10-35-1.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 4 - Declaratory Rulings and Petitions (260-RICR-10-00-4) › Section 260-RICR-10-00-4.1 - Authority

Current through June 14, 2024
This regulation ("Regulation") is promulgated pursuant to
					 the authority granted in R.I. Gen. Laws §§
										42-16.1-1 et seq.,
					 42-35-6,
					 and
					 42-35-8.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 4 - Declaratory Rulings and Petitions (260-RICR-10-00-4) › Section 260-RICR-10-00-4.2 - Definitions

Current through June 14, 2024
A. When used in this Regulation, the
				 following words shall have the following meaning:
1. "Department" means the Department of Labor
				 & Training.
2. "Director" means
				 the Director of the Department.
3.
				 "Filer" means the person(s) or entity which files a request for Declaratory
				 Ruling or a Petition for Promulgation, Amendment or Repeal of any rule or
				 regulation with the Department.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 4 - Declaratory Rulings and Petitions (260-RICR-10-00-4) › Section 260-RICR-10-00-4.3 - Declaratory Rulings

Current through June 14, 2024
A. General.
				 Pursuant to RI. Gen. Laws §
										42-35-8, any
				 interested person may petition the Department for a declaratory ruling. The
				 Department shall consider the petition. Within a reasonable time the Department
				 shall, in its sole discretion, take one of the following actions:
1. Issue a declaratory ruling; or
2. Solicit written argument from the filer
				 and any other person(s) that the Department reasonably believes would be
				 interested in the issues; or
3. Set
				 a reasonable time and place for hearing argument upon the matter and give
				 reasonable notification to the filer and any other person(s) that the
				 Department reasonably believes would be interested in the issue(s) of the time
				 and place for such hearing and of the issues involved.
4. If either §§
											4.3(A)(2) or
				 (3)     of this Part above is utilized, the
				 Department shall, within a reasonable time after receipt of written submission
				 or after the hearing is held, issue a binding declaratory ruling.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 4 - Declaratory Rulings and Petitions (260-RICR-10-00-4) › Section 260-RICR-10-00-4.4 - Petitions for Promulgation, Amendment or Repeal of any Rule or Regulation

Current through June 14, 2024
A. General. Pursuant to R.I. Gen. Laws §
										42-35-6,
				 any interested person may petition the Department requesting the promulgation,
				 amendment or repeal of any rule or regulation. Where the petition requests the
				 promulgation of a rule or regulation, the requested or proposed rule must be
				 set out in full. The petition must also include all the reasons for the
				 requested rule or regulation together with briefs of any applicable law. Where
				 the petition requests the amendment or repeal of a rule or regulation presently
				 in effect, the rule or regulation or the applicable portion thereof in question
				 must be set out as well as a suggested amended form, if any. The petition must
				 include all reasons for the requested amendment or repeal of the rule or
				 regulation. All petitions shall be considered by the Department. Within a
				 reasonable time the Department shall, in its sole discretion, take one the
				 following actions:
1. Issue a declaratory
				 ruling; or
2. Solicit written
				 argument from the filer and any other person(s) that the Department reasonably
				 believes would be interested in the issue(s). The Department will, thereafter,
				 issue a declaratory based upon the written submissions; or
3. Set a reasonable time and place for
				 hearing argument upon the matter and give reasonable notification to the filer
				 and any other person(s) that the Department reasonably believes would be
				 interested in the issues of the time and place for such hearing and of the
				 issues involved.
4. If either
				 §§
											4.4(A)(2) or
				 (3)     of this Part above is utilized, the
				 Department shall within a reasonable time after receipt of written submission
				 or after the hearing is held issue a binding declaratory ruling.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 5 - Rules of Procedure for Administrative Hearings (260-RICR-10-00-5) › Section 260-RICR-10-00-5.1 - Authority

Current through June 14, 2024
This Regulation is promulgated pursuant to R.I. Gen. Laws
					 §§
										42-16.1-1 et seq.,
					 42-35-1 et
					 seq.,
					 42-92-1 et
					 seq., and
					 28-14-1 et
					 seq.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 5 - Rules of Procedure for Administrative Hearings (260-RICR-10-00-5) › Section 260-RICR-10-00-5.2 - Purpose

Current through June 14, 2024
A. These rules ("hereinafter, Rules" or
				 "Regulations") are adopted for the purpose of assisting in carrying out the
				 functions, powers and duties assigned to the Department of Labor & Training
				 (hereinafter, 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 and orderly administration and determination of
				 adjudicatory proceedings in conformity with the Rhode Island Administrative
				 Procedures Act. To the extent that any part of these Rules are 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 be deemed to apply.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 5 - Rules of Procedure for Administrative Hearings (260-RICR-10-00-5) › Section 260-RICR-10-00-5.3 - 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. "Complaint" means a formal written
				 allegation filed with the Department and assigned a case number by the
				 Department
2. "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.
3. "Department" means
				 the Department of Labor & Training.
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 the functions of the
				 Department as designated by statute.
7. "Hearing Officer" means the individual(s)
				 authorized by law or duly designated by the Director to conduct hearings, write
				 decisions and make a final decision for the Department.
8. "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.
9. "Person" means any individual,
				 partnership, corporation, limited liability company, association, governmental
				 subdivision, public or private organization or any other entity however
				 formed.
10. "Just and Valid" means
				 there exists 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 believe that a violation(s) of law, rule, or
				 regulation has occurred.
11.
				 "Respondent" means a Party who is the subject of a complaint and/or Department
				 investigation pursuant to §
											5.4     of this Part.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 5 - Rules of Procedure for Administrative Hearings (260-RICR-10-00-5) › Section 260-RICR-10-00-5.4 - Complaints and Department Investigations

Current through June 14, 2024
A. Complaints. A
				 complaint may be made by any Person against any Employer or any Person who
				 employs individuals in the course of their business. Such complaint shall be in
				 writing, signed by the complainant and shall be required to be on a form
				 provided by the Department. The Department or the applicable Division thereof
				 shall make an initial determination whether or not the complaint is within the
				 Department's jurisdiction. If no jurisdiction exists, the Department shall
				 notify the complainant in writing. If jurisdiction exists, the Department shall
				 conduct whatever investigation it deems appropriate, including forwarding a
				 copy of the complaint to the Respondent.
B. Upon completion of its investigation, the
				 Department shall take one (1) of the following actions:
1. If the Department determines that the
				 complaint is not just and valid, the Department shall take no action on the
				 complaint and shall advise the Complainant and Respondent in writing of its
				 determination and that the complaint has been dismissed. The Department shall
				 also advise the Parties that its decision may be appealed to the Department's
				 Adjudication Unit, within thirty (30) days of the date of the Department's
				 Decision. The Adjudication Unit will then schedule a hearing on the matter and
				 subsequently issue a Final Department Determination.
2. If the Department determines that the
				 complaint is just and valid, the Department shall take such action as it deems
				 appropriate under applicable law and the rules and regulations adopted pursuant
				 thereto. In cases where the Department determines the complaint is valid and
				 the amount of wages due equals $1,000 or 10 days of wages, whichever is less,
				 the Department will send written notice to both the complainant and respondent
				 stating that the Department has determined that the allegation(s) contained in
				 the complaint are just and valid and that the wages claimed are owed. The
				 aggrieved party may appeal the Decision to the Department's Adjudication Unit
				 for a Final Department Determination.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 5 - Rules of Procedure for Administrative Hearings (260-RICR-10-00-5) › Section 260-RICR-10-00-5.5 - Notice of Contested Case

Current through June 14, 2024
A. Notice Required.
				 The Department shall give notice ("Notice") to all Parties of the initiation of
				 a Contested Case. The Notice shall be designed to order a hearing to all
				 parties pursuant to R.I. Gen. Laws §
										42-35-9.
				 The Notice shall identify the specific law(s) that the complainant alleges has
				 been violated. The notice shall also advise the Parties that they are required
				 to take with them, to the hearing, any witnesses they intend on calling to
				 testify and any supporting evidence with them to the Hearing.
B. The Notice shall advise the Employee that
				 failure to attend the Hearing without the Hearing Officers prior consent will
				 result in the dismissal of the complaint and advise the Employer that its
				 failure to attend the Hearing, without the Hearing Officer's prior consent,
				 will result in the complainant's allegations being confirmed.
C. The Notice shall also state that a request
				 for a continuance is at the sole discretion of the Hearing Officer, which shall
				 not be unreasonably denied, and that all requests for a continuance must be
				 received by the Hearing Officer no later than seven (7) business days prior to
				 the scheduled hearing.
D. Contents
				 of Notice: The Notice shall comply with R.I. Gen. Laws §
										42-35-9(b).
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 5 - Rules of Procedure for Administrative Hearings (260-RICR-10-00-5) › Section 260-RICR-10-00-5.6 - Prehearing Conferences

Current through June 14, 2024
A. It is the policy
				 of the Department to encourage 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.
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, agreements with respect to the introduction of
				 documents or similar agreements which will avoid unnecessary proof;
3. the identification of witnesses and the
				 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 use of pre-filed testimony, where appropriate;
8. any matters of discovery, including
				 limitation of data requests, document requests, or other discovery or resolving
				 disputes as to the scope of discovery;
9. scheduling of hearings; and
10. such other matters as may aid in the
				 final disposition of the proceeding.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 5 - Rules of Procedure for Administrative Hearings (260-RICR-10-00-5) › Section 260-RICR-10-00-5.7 - Representation

Current through June 14, 2024
A. Appearances.
1. The Department shall notify each Party
				 that each Party may retain legal counsel admitted in the State of Rhode Island.
				 Said notification shall be set forth in the Department's order appointing a
				 Hearing Officer.
2. Individuals,
				 and partners of partnerships, may appear pro se if they choose. Corporations
				 may not appear pro se.
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 out of state
				 attorneys 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 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 5 - Rules of Procedure for Administrative Hearings (260-RICR-10-00-5) › Section 260-RICR-10-00-5.8 - 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
				 shall, whenever possible, 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 tele-copier, 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 litigant. 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
				 individual has read the document, knows the contents thereof and to the best of
				 his/her knowledge believes that such statements are true, that it is not
				 interposed for delay and that if the pleading has been signed by an 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 substantial rights of the Parties involved may be
				 disregarded.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 5 - Rules of Procedure for Administrative Hearings (260-RICR-10-00-5) › Section 260-RICR-10-00-5.9 - 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 an appearance has been
				 entered, by first class mail postage prepaid, certified mail or hand delivery
				 to his or her place of business, home address or other address supplied by the
				 Party in the pleadings. Service upon persons who have not yet made an
				 appearance shall be at the last address on file with the Department for any
				 licensee. For non-licensees, service shall be at the last known address which
				 the Department reasonably believes will result in actual delivery to the
				 individual. 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 §
										5.10(A)     of
				 this Part, 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 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 5 - Rules of Procedure for Administrative Hearings (260-RICR-10-00-5) › Section 260-RICR-10-00-5.10 - Time

Current through June 14, 2024
A. Computation. Unless otherwise specifically
				 provided by law, computation of any time period referred to in this Part 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 on which 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 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 before the
				 expiration of the applicable time period unless waived by the Hearing
				 Officer.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 5 - Rules of Procedure for Administrative Hearings (260-RICR-10-00-5) › Section 260-RICR-10-00-5.11 - 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 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
				 they may be made 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 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.
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 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 5 - Rules of Procedure for Administrative Hearings (260-RICR-10-00-5) › Section 260-RICR-10-00-5.12 - Discovery

Current through June 14, 2024
A. General. The Department favors prompt and
				 complete disclosure and exchange of information and encourages informal
				 arrangements among the Parties for this exchange. 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
				 document, object or tangible thing 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 due
				 diligence is shown.
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 own
				 volition.
E. Written Discovery.
				 Written discovery as set forth in Super. R. Civ. P. is allowed but may be
				 limited by the Hearing Officer.
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 relating to a Party's failure to respond to
				 discovery, the Party requesting the discovery shall comply with Super. R. Civ.
				 P. 37(a)(2) prior to filing a Motion to Compel Discovery with the Hearing
				 Officer.
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 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 5 - Rules of Procedure for Administrative Hearings (260-RICR-10-00-5) › Section 260-RICR-10-00-5.13 - Subpoenas

Current through June 14, 2024
Upon application of any Party, subpoenas requiring the
					 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, including, without limitation, the provisions
					 of R.I. Gen. Laws §
										42-14-11,
					 in cases where a subpoena is not honored, the Director or his/her designee may
					 elect to make application to the State of Rhode Island Superior Court for an
					 order to show cause why the Person who failed to honor the subpoena shall 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 of the Parties or
					 witnesses, issue such protective orders, grant such motions to quash and grant
					 other motions as justice or fairness may require.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 5 - Rules of Procedure for Administrative Hearings (260-RICR-10-00-5) › Section 260-RICR-10-00-5.14 - 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 it 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;
				 but Parties shall be notified 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, and they 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. 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. In the Hearing Officer's discretion, he/she may
				 allow the presence of these persons 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.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 5 - Rules of Procedure for Administrative Hearings (260-RICR-10-00-5) › Section 260-RICR-10-00-5.15 - 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 all witnesses or ask the stenographer to do
				 so.
C. Order of Proceedings. Except
				 as otherwise required by law, it shall be the usual practice that the
				 Department or the complainant shall open. Where evidence is peculiarly within
				 the knowledge of one Party, or in cases in which 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.
D. Rights of
				 Parties. Parties shall have the right to present evidence, cross-examine
				 witnesses, object, make motions, and present arguments.
E. Record of Proceedings.
1. A complete record of the proceedings shall
				 be recorded on audiotape, 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 declare 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, at no
				 cost, with the original of the stenographic record and 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
				 thereof.
2. If a Party chooses to
				 appeal a final Department decision to Superior Court pursuant to R.I. Gen. Laws
				 §
											42-35-1 et
				 seq. and the Superior Court requires a transcript 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.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 5 - Rules of Procedure for Administrative Hearings (260-RICR-10-00-5) › Section 260-RICR-10-00-5.16 - Penalties

Current through June 14, 2024
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 give due consideration to the size of the Employer's business,
					 the good faith of the Employer, the gravity of the violation, the history of
					 prior violations, and the failure to comply with recordkeeping
					 requirements.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 5 - Rules of Procedure for Administrative Hearings (260-RICR-10-00-5) › Section 260-RICR-10-00-5.17 - Decisions

Current through June 14, 2024
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. The
					 decision of the Hearing Officer shall be considered a final decision by the
					 Department. 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.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 5 - Rules of Procedure for Administrative Hearings (260-RICR-10-00-5) › Section 260-RICR-10-00-5.18 - Judicial Review

Current through June 14, 2024
Any Party aggrieved by a final written order of the
					 Department 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 Department
					 shall become final and no further administrative appeal may be
					 taken.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 5 - Rules of Procedure for Administrative Hearings (260-RICR-10-00-5) › Section 260-RICR-10-00-5.19 - 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 non-defaulting
					 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.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 5 - Rules of Procedure for Administrative Hearings (260-RICR-10-00-5) › Section 260-RICR-10-00-5.20 - Disqualification; Incapacity of Hearing Officer

Current through June 14, 2024
A.
				 Disqualification. Any Party may make a motion to the Director requesting that
				 he/she disqualify or remove the Hearing Officer from the proceeding. The motion
				 shall be accompanied by an affidavit setting forth the reasons for the
				 disqualification. In the event that the motion to disqualify is granted, the
				 Director shall assign another Hearing Officer to the matter.
B. Incapacity. When the Hearing Officer
				 becomes incapacitated or unavailable to complete a hearing and/or render a
				 decision, the hearing shall be conducted and/or the decision shall be rendered
				 by a substitute Hearing Officer appointed by the Director. If any party objects
				 to the substitution, 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 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 5 - Rules of Procedure for Administrative Hearings (260-RICR-10-00-5) › Section 260-RICR-10-00-5.21 - 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 about any matter
				 related to the proceeding, and the Hearing Officer 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.
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 from 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 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 5 - Rules of Procedure for Administrative Hearings (260-RICR-10-00-5) › Section 260-RICR-10-00-5.22 - Settlement Agreements

Current through June 14, 2024
A. Settlement
				 Agreements. 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 settlement agreement as
				 provided in §
										5.15(J)     of
				 this Part. Every settlement agreement 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
				 settlement agreement, the Hearing Officer may:
1. Accept the settlement agreement and enter
				 an Order reflecting the terms and conditions of the Settlement
				 Agreement.
2. Reject the settlement
				 agreement and state the reasons therefore in writing and take such other
				 appropriate administrative action.
a. In the
				 event that the Hearing Officer rejects the settlement agreement, either Party
				 may appeal the rejection directly to the Director. Such appeal shall be in
				 writing and shall be filed with the Director no later than seven (7) days after
				 the date the Hearing Officer notifies the Parties, in writing, of the rejection
				 of the settlement agreement. Upon receipt of an appeal, the Director shall take
				 whatever action he/she deems appropriate. Should the Director confirm the
				 Hearing Officer's decision to reject the settlement agreement, such rejection
				 shall be deemed an interim order of the Director and not a final order and the
				 matter shall continue through the administrative hearing process. Nothing
				 herein shall prevent the Parties from subsequently entering into and presenting
				 to the Hearing Officer for consideration a new settlement agreement.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 5 - Rules of Procedure for Administrative Hearings (260-RICR-10-00-5) › Section 260-RICR-10-00-5.23 - 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 are conducted pursuant to the Administrative Procedures Act, R.I.
				 Gen. Laws §
										42-35-1 et
				 seq. Except where the Hearing Officer directs otherwise, or when the documents
				 in question are governed by R.I. Gen. Laws §
										27-13.1-5(f),
				 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 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
				 privileged 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 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 5 - Rules of Procedure for Administrative Hearings (260-RICR-10-00-5) › Section 260-RICR-10-00-5.24 - 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 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 6 - Conduct of Public Hearings (260-RICR-10-00-6) › Section 260-RICR-10-00-6.1 - Purpose

Current through June 14, 2024
To establish a defined set of procedures for the
					 Department of Labor and Training for the conduct of Public Hearings regarding
					 Proposed Rulemaking.
Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 10 - General Management › Subchapter 00 - N/A › Part 6 - Conduct of Public Hearings (260-RICR-10-00-6) › Section 260-RICR-10-00-6.2 - Authority

Current through June 14, 2024
This regulation is promulgated pursuant to the authority
					 granted in R.I. Gen. Laws §
										42-35-2(a)(4).