Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 3 - Rate Hearing Procedures on Property and Casualty and Worker's Compensation Insurance Filings (230-RICR-20-60-3) › Section 230-RICR-20-60-3.12 - Public Hearing

Current through June 14, 2024
A. After public
				  notice as provided in R.I. Gen. Laws §§
										27-9-10,
				  27-6-11,
				  27-7.1-5.1 and 6.1 or 27-44-7 as
				  the case may be, the Director or Hearing Officer shall hold a public
				  hearing.
B. Hearings will be held
				  before the Director or Hearing Officer in accordance with this Part.
C. The parties have the right to be
				  represented by counsel admitted to practice in the State of Rhode Island, to be
				  present, and to participate. The right to participate shall include the right
				  to present evidence and argument on all relevant issues, to call and examine
				  witnesses, to cross-examine the author of any documents prepared by or on
				  behalf of or for the use of the Department and offered in evidence, and to
				  cross-examine any Person present and testifying. Those individuals employed by
				  the Director pursuant to R.I. Gen. Laws §
										27-9-52 may appear at any hearing
				  and shall have the right to participate in any proceedings on the same basis as
				  the parties may have, subject to the aforesaid.
D. All witnesses shall swear that their
				  testimony is whole and truthful or shall make a solemn affirmation to the
				  effect in lieu thereof.
E. The
				  Director or Hearing Officer may admit evidence which possesses probative value
				  commonly accepted by reasonable and prudent persons in the conduct of their
				  affairs, giving effect to the rules of privilege recognized by law, and
				  excluding incompetent, immaterial, and unduly repetitious evidence. Documentary
				  evidence may be received in the form of copies or excerpts or by incorporation
				  by a reference. Upon request, parties shall be given an opportunity to compare
				  the copies with the originals.
F.
				  Objections to evidentiary offers may be made and shall be noted in the
				  records.
G. At any stage of the
				  hearing, the Director or Hearing Officer may require that further evidence be
				  submitted upon such terms or conditions as the Director or Hearing Officer
				  deems proper.
H. When evidence to
				  be presented consists of technical matters or figures so numerous as to make
				  the presentation difficult to follow, it shall be presented in exhibit form,
				  supplemented and explained by oral testimony.
I. Notice may be taken of judicially
				  cognizable facts. Parties shall be notified either before or during the hearing
				  or by reference in preliminary reports or otherwise of the material noted,
				  including any staff memoranda or data. Parties shall be afforded an opportunity
				  to contest the material so noted.
J. A complete record of the proceedings shall
				  be made and at the close of the hearing, expedited transcripts shall be
				  ordered. Costs of the transcripts for the Department and the Attorney General
				  shall be borne by the Filer.
K. All
				  hearings once commenced shall continue on successive work days until completed,
				  unless the Hearing Officer rules otherwise.
L. At the conclusion of the evidence, the
				  Director or Hearing Officer may permit the parties to argue orally or to submit
				  written briefs within five (5) days of receipt of the transcript of the
				  hearing.
M. All hearings shall be
				  open to the public.
N. Any written
				  evaluation of evidence produced by an actuary or other expert engaged by the
				  Department which is available prior to the conclusion of the presentation of
				  the evidence shall be available to the parties at or prior to the close of the
				  hearings.