Rhode Island Code of Regulations › Title 244 - Batterer's Intervention Program Standards Oversight Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 244-RICR-00-00-1.11 - Appeals

Current through June 14, 2024
1.11.1
Description
Upon notification of action by the Oversight Committee, a
					 program seeking certification as a batterers intervention program may elect to
					 appeal an adverse decision by notifying the committee Chair. An appeal hearing
					 by the Oversight Committee shall be scheduled within 45 days.
1.11.2
Procedures
A. Within five (5) business days following a
				 vote with respect to certification of any particular batterers intervention
				 program, the Committee shall send written notice of the decision to the
				 program. Notice of any decision that would result in a loss of the program's
				 eligibility for referrals that is based on an action by the Committee and not
				 voluntary cessation of a batterers program (e.g., denial, suspension or
				 termination of certification) shall be sent to the program by certified mail,
				 return receipt requested. The written notice shall include a statement of the
				 reason(s) for the decision by the Committee.
B. If the affected program chooses to appeal
				 the decision of the Committee, the executive director, president, or other
				 official who is empowered to act on behalf of the program shall so notify the
				 Chair of the Committee in writing within 10 days of receipt of the written
				 notification.
C. Upon receipt of an
				 appeal request, the Committee Chair shall schedule an appeal hearing with the
				 Committee. The date of the appeal hearing shall be the next scheduled meeting
				 of the Committee; provided, however, that if a meeting has not been scheduled
				 within 45 days following receipt of the appeal request, then a special meeting
				 shall be called to hear the appeal.
D. The Committee Chair shall notify the
				 batterers intervention program representative, in writing, of the date of the
				 appeal hearing. The program representative shall be encouraged but not required
				 to attend the hearing. A copy of any supporting materials the program elects to
				 present shall be requested to be made available to the Chair at least one week
				 in advance ofsg the hearing, whenever feasible. Similarly, the Chair shall make
				 available to the program any materials intended for the hearing which have not
				 already been provided to the program.
E. Prior to the start of the appeal hearing,
				 any member (or designee or alternate) of the Oversight Committee and its
				 Subcommittees who is affiliated with any batterers intervention program shall
				 recuse him/ herself from any discussion, participation, or vote in the matter
				 of the appeal, and shall complete a statement of conflict of interest and file
				 it with the Oversight Committee as well as forwarding a copy to the Rhode
				 Island Ethics Commission.
F. In
				 conducting the appeal hearing, the Committee Chair or a designee shall review
				 the decision under appeal, present the information upon which it was based, and
				 the reason(s) for the decision. The batterers intervention program shall be
				 offered an opportunity to respond, to rebut, to present additional information
				 or explanations, as its representatives choose. Any interested individual, with
				 the exception of those Committee and Subcommittee members, designees, or
				 alternates required to recuse themselves, shall have the opportunity to
				 participate. The Chair shall moderate the presentations and
				 discussion.
G. Any Committee
				 member/ designee/ or alternate who is empowered to vote shall be permitted to
				 make a motion, and the Chair shall call for a vote. Options shall include, but
				 not be limited to the following: deny certification; grant certification; table
				 decision pending further investigation through on-site visit(s), request for
				 more information, program coming into compliance with standards within a
				 specified time period, or other; suspend or resume referrals pending final
				 decision; etc.
H. Written
				 notification of the decision in the appeal shall be sent to the program by
				 certified mail, return receipt requested, within five (5) business days of the
				 hearing.