reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 70 - PROBATION AND PAROLE › Subchapter 00 - N/A › Part 1 - Probation and Parole › Section 214-RICR-70-00-1.3 - Application

Current through June 14, 2024
The terms and provisions of these regulations shall be
					 liberally construed to permit the Department to effectuate the purposes of
					 state law, goals, and policies.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 70 - PROBATION AND PAROLE › Subchapter 00 - N/A › Part 1 - Probation and Parole › Section 214-RICR-70-00-1.4 - Severability

Current through June 14, 2024
If any provision of these regulations or application
					 thereof to any person or circumstance is held invalid by a court of competent
					 jurisdiction, the validity of the remainder of the regulations shall not be
					 affected thereby.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 70 - PROBATION AND PAROLE › Subchapter 00 - N/A › Part 1 - Probation and Parole › Section 214-RICR-70-00-1.5 - Definitions

Current through June 14, 2024
A. "Delinquent", when applied to a youth,
				 means any youth who has committed any offense that, if committed by an adult,
				 would constitute a felony.
B.
				 "Department" means Rhode Island's Department of Children, Youth and
				 Families.
C. "Wayward" means any
				 youth who has committed any offense that, if committed by an adult, would
				 constitute a misdemeanor.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 70 - PROBATION AND PAROLE › Subchapter 00 - N/A › Part 1 - Probation and Parole › Section 214-RICR-70-00-1.6 - Juvenile Probation Supervision

Current through June 14, 2024
A. A Family Court
				 judge places a youth on probation as the result of that youth being adjudicated
				 on a delinquent or wayward offense.
B. Juvenile Probation and Parole Officers are
				 responsible to supervise these youths and ensure compliance with the conditions
				 of probation.
C. All adjudicated
				 youth entering community supervision will undergo an assessment
				 process.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 70 - PROBATION AND PAROLE › Subchapter 00 - N/A › Part 1 - Probation and Parole › Section 214-RICR-70-00-1.7 - Reporting Violations of Probation to the Family Court

Current through June 14, 2024
A. If, at any time during a youth's
				 probationary term, the youth is charged with an additional and subsequent:
1. Delinquency offense, which if committed by
				 an adult would be considered a felony, the Juvenile Probation/Parole Officer
				 files a motion in Family Court alleging that the youth has violated
				 probation.
2. Wayward offense, the
				 Juvenile Probation/Parole Officer may file a motion in Family Court alleging
				 that the youth has violated probation.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 70 - PROBATION AND PAROLE › Subchapter 00 - N/A › Part 1 - Probation and Parole › Section 214-RICR-70-00-1.8 - Electronic Monitoring

Current through June 14, 2024
A. Electronic
				 Monitoring is a time-limited sentencing alternative to secure detention or
				 custody at the Training School and facilitates supervision in community
				 settings for youth identified by the Family Court.
B. The Family Court may utilize Electronic
				 Monitoring for pre-adjudicated or adjudicated youth:
1. Charged with an offense which meets the
				 definition of delinquent (R.I. Gen. Laws §
											14-1-3(5)); and
2. The youth would otherwise
				 be detained at or sentenced to the Training School; and
3. The use of Electronic Monitoring allows
				 the youth to safely remain at or to be released to the home of a legal
				 guardian, family member or foster home placement.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 1 - Access to Public Records (216-RICR-10-05-1) › Section 216-RICR-10-05-1.1 - Authority

Current through June 14, 2024
These regulations are promulgated pursuant to the authority
					 set forth in R.I. Gen. Laws Chapter 38-2, for the purpose of establishing the
					 procedures and methods for obtaining access to public records of the Rhode
					 Island Department of Health.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 1 - Access to Public Records (216-RICR-10-05-1) › Section 216-RICR-10-05-1.2 - Definitions

Current through June 14, 2024
A. When used in these regulations, the
				  following words and terms, except as otherwise required by the context, shall
				  have the following meaning:
1. "Act" means
				  R.I. Gen Laws Chapter 38-2 entitled "Access to Public Records."
2. "Department" means the Rhode Island
				  Department of Health.
3. "Director"
				  means the Director of the Department of Health or her/his designee.
4. "Public record" or "public records" means
				  all documents, papers, letters, maps, books, tapes, photographs, films, sound
				  recordings, magnetic or other tapes, electronic data processing records,
				  computer stored data (including electronic mail messages, except specifically
				  for any electronic mail messages of or to elected officials with or relating to
				  those they represent and correspondence of or to elected officials in their
				  official capacities) or other material regardless of physical form or
				  characteristics made or received pursuant to law or ordinance or in connection
				  with the transaction of official business by any agency.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 1 - Access to Public Records (216-RICR-10-05-1) › Section 216-RICR-10-05-1.3 - General Provisions

Current through June 14, 2024
1.3.1
Public
				  Records Policy
The Department recognizes both the public's right to access
					 public records and the individual's right to dignity and privacy. It is the
					 Department's policy to facilitate public access to all public records as
					 defined in accordance with the Act. It is also the policy of the Department to
					 make all public records in the Department's possession available for public
					 inspection and copying consistent with applicable state or federal law, unless
					 otherwise prohibited by a court of competent jurisdiction.
1.3.2
Exclusions
A. Categories of records specifically
				  excluded pursuant to R.I. Gen. Laws §
											38-2-2(4) 
				  shall not be deemed public records for the purpose of these
				  Regulations.
B. Treatment of
				  segregable portions of public records is pursuant to R.I. Gen. Laws §
											38-2-3(b).
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 2 - Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health › Section 216-RICR-10-05-2.1 - Authority

Current through June 14, 2024
A. These Regulations are promulgated pursuant
				  to the authority set forth in R.I. Gen. Laws §§
										23-1-3(b),  23-1-17,
				  and  23-1-54, and are for the purpose of establishing the specific licensing,
				  laboratory or administrative fees contained in the individual statute(s) cited
				  in this Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 2 - Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health › Section 216-RICR-10-05-2.2 - Definitions

Current through June 14, 2024
A. Wherever used in this Part, the following
				  terms shall be construed as follows:
1.
				  "Department" means the Rhode Island Department of Health.
2. "Director" means the Director of the Rhode
				  Island Department of Health.
3.
				  "License" means an authorization granted by the Department to engage in a
				  business or occupation that is subject to Regulations by the Department. For
				  the purpose of this Part, a registration, certification, permit or similar
				  authorization issued by the Department is also considered to be a
				  license.
4. "Private well water
				  supply" means a source of well water used for human consumption and which is
				  not a Public Water System.
5.
				  "Public water system" means a system for the provision to the public of piped
				  water for human consumption, provided such system has at least fifteen (15)
				  service connections or regularly serves an average of at least twenty-five (25)
				  individuals daily at least sixty (60) days out of the year, pursuant to Part
				  50-05-1 of this Title.
6. "State
				  health laboratories" means the State Health Laboratories maintained by the
				  Rhode Island Department of Health.
7. "Well water" means water that is taken
				  from below the ground through piping or similar installed devices utilizing
				  external force or vacuum.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 2 - Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health › Section 216-RICR-10-05-2.3 - Applicability and Scope

Current through June 14, 2024
A. This Part is
				  promulgated to establish a consolidated fee schedule for licensing, laboratory
				  and administrative services provided by the Department.
B. The provisions of this Part are in
				  addition to, and not in substitution for, other licensing Rules and Regulations
				  promulgated by the Director pursuant to authority conferred by applicable R.I.
				  Gen. Laws statutes.
1. Nothing in this Part
				  shall be construed as requiring the use of the State Health Laboratories where
				  other clinical laboratories, licensed by the Department pursuant to R.I. Gen
				  Laws §
											23-16.2-4(a), are available to perform the requested laboratory
				  services.
2. Nothing in this Part
				  shall be construed as requiring the use of the State Health Laboratories where
				  other analytical laboratories, licensed by the Department pursuant to R.I. Gen
				  Laws §
											23-16.2-4.1, are available to perform the requested laboratory
				  services.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 2 - Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health › Section 216-RICR-10-05-2.4 - Designation of Certain Clinical Tests as a Covered Benefit

Current through June 14, 2024
A. Pursuant to the authority conferred by
				  R.I. Gen. Laws §
										23-1-3(c), the clinical tests listed in §
										2.15   of
				  this Part have been designated by the Director as a covered benefit and shall
				  be reimbursable by all health insurers, as defined in
B. R.I. Gen. Laws §
										27-38.2-2(1),
				  providing health insurance coverage for specific diseases, hospital indemnity
				  Medicare supplements, or other supplemental policies. The charges for those
				  testing programs shall be borne by the hospitals or other licensed health care
				  providers and facilities in the absence of a third (3rd) party
				  payor.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 2 - Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health › Section 216-RICR-10-05-2.5 - Fees for Lead Poisoning Screening

Current through June 14, 2024
A. The fee for
				  any lead poisoning screening or lead screening-related services provided by the
				  State Health Laboratories shall be determined on the basis of rates paid by the
				  health care insurers to private laboratories for blood lead analysis.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 2 - Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health › Section 216-RICR-10-05-2.6 - Licensing, Laboratory and Administrative Services Fees

Current through June 14, 2024
A. The fees for licensing, laboratory and
				  administrative services performed by the Department are contained in
				  §§
										2.9  through  2.18   of this Part as follows:
1.
											§
											2.9   - Health Professions
2.
											§
											2.10   - Health Facilities
3.
											§
											2.11   - Food Protection
4.
											§
											2.12   - Drinking Water
				  Quality
5.
											§
											2.13   - Asbestos,
				  Lead and Radon
6.
											§
											2.14   -
				  Radioactive Materials, X-Ray and Tanning
7.
											§
											2.15   - Clinical Laboratory Services
				  Provided by the State Health Laboratories
8.
											§
											2.16   - Analytical Laboratory
				  Services Provided by the State Health Laboratories for Private Well Water
				  Supplies and Other Substances of Public Health Concern
9.
											§
											2.17   - Vital Records, Newborn
				  Screening Program, Certificate of Need and Medical Examiner
10.
											§
											2.18   - Miscellaneous
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 2 - Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health › Section 216-RICR-10-05-2.7 - Payment of Fees

Current through June 14, 2024
A. Unless otherwise
				  specified in this Part, payment for all licensing, laboratory and
				  administrative services performed by the Department shall be non-returnable and
				  non-refundable and shall be in the form of a check or money order made payable
				  to the General Treasurer, State of Rhode Island.
B. Payment for all clinical laboratory
				  services, including all screening for lead poisoning and lead screening-related
				  services, performed by the State Health Laboratories shall be submitted to the
				  Department within thirty (30) days of receipt of the invoice or other period of
				  time agreed to by the Department.
C. Payment for all testing of private well
				  water supplies performed by the State Health Laboratories shall be prepaid. The
				  testing fee(s) shall be submitted at the time the sample is forwarded to the
				  State Health Laboratories.
D. The
				  application/initial licensure fee established in this Part shall be submitted
				  in accordance with the requirements specified in the Regulations governing the
				  profession and/or activity for which the license application is being
				  submitted.
E. All license and
				  renewal fees in this Part are specified on a license cycle basis. Consequently,
				  license categories common to more than one (1) profession [e.g., Controlled
				  Substances Registration (CSR)] will be assessed on an annualized fee basis x
				  the number of years in the license cycle.
F. The applicable renewal fee established in
				  this Part shall be submitted prior to the expiration date of the current
				  license. Failure to submit the applicable renewal fee prior to the expiration
				  date of the current license may subject the licensee to assessment of a late
				  fee, as established by this Part, as well as additional administrative
				  sanctions specified in the Regulations governing the profession and/or activity
				  for which the license was issued.
G. When online renewal is available for a
				  license, payment shall be made in any of the forms designated on the renewal
				  website.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 2 - Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health › Section 216-RICR-10-05-2.8 - Compliance and Severability

Current through June 14, 2024
A. All hearings and
				  reviews required under this Part shall be held in accordance with the
				  provisions of Part 4 of this Subchapter.
B. If any provision of this Part or the
				  application thereof to any person or circumstances shall be held invalid, such
				  invalidity shall not affect the provisions or applications of this Part which
				  can be given effect, and to this end of the provisions of this Part is declared
				  to be severable.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 2 - Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health › Section 216-RICR-10-05-2.18 - Miscellaneous Fees

Current through June 14, 2024
DESCRIPTION OF FEE
R.I. Gen. Laws
FEE
Letter of License Verification (all license
								  types)
§ 23-1-16.1
$50.00
Online processing fee (all license
								  types)
§ 23-1-17
$4.00
License replacement (all license types, except as
								  otherwise specified)
§ 23-1-17
$40.00
Initial Wall Certificate
§ 23-1-17
$30.00
Wall Certificate Replacement
§ 23-1-17
$40.00
ELECTRONIC NICOTINE-DELIVERY SYSTEM
Distributer: Annual License Fee
§ 23-1-56(b)
$25.00
Dealer: Annual License Fee
§ 23-1-56(b)
$25.00
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 3 - Equal Access to Justice (216-RICR-10-05-3) › Section 216-RICR-10-05-3.1 - Authority

Current through June 14, 2024
These regulations are promulgated pursuant to the authority
					 conferred by R.I. Gen. Laws Chapter 42-92, for the purposes of providing equal
					 access to justice for small businesses and individuals and governing the
					 application and award of reasonable litigation expenses to qualified parties in
					 adjudicatory proceedings conducted by the Department of
					 Health.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 3 - Equal Access to Justice (216-RICR-10-05-3) › Section 216-RICR-10-05-3.2 - Definitions

Current through June 14, 2024
A. Wherever used in these rules and
				  regulations, the following terms shall be construed as follows:
1. "Act" means R.I. Gen. Laws Chapter 42-92
				  entitled "Equal Access to Justice for Small Businesses and
				  Individuals."
2. "Adjudicative
				  officer" means the deciding official without regard to whether the official is
				  designated as an administrative law judge, hearing officer, examiner, or
				  otherwise, who presided at the adjudicatory proceeding.
3. "Adjudicatory proceeding" means any
				  proceeding conducted by, or on behalf of, the Department, whether
				  administratively or quasi-judicially, that may result in: the loss of benefits;
				  the imposition of a fine; or the denial, probation, suspension, or revocation
				  of a license, registration, certification, or permit; or that may result in a
				  party being compelled to perform an act or restricted from performing an
				  act.
4. "Department" means the
				  Rhode Island Department of Health, any agent thereof, and any board or
				  commission lodged therein.
5.
				  "Party" means any individual whose net worth is less than five hundred thousand
				  dollars ($500,000) at the time the adjudicatory proceeding was first initiated;
				  and any individual, partnership, corporation, association, or private
				  organization doing business and located in the state, which is independently
				  owned and operated, not dominant in its field, and which employs one hundred
				  (100) or fewer persons at the time the adjudicatory proceeding was
				  initiated.
6. "Reasonable
				  litigation expenses" means those expenses which were reasonably incurred by a
				  party in an adjudicatory proceeding, including but not limited to, attorney's
				  fees, witness fees of all necessary witnesses, and other costs and expenses as
				  were reasonably incurred, except that:
a. The
				  award of attorney's fees must conform to the requirements set forth in the Act;
				  and
b. No expert witness may be
				  compensated at a rate in excess of the highest rate or compensation for experts
				  paid by the Department.
7. "Substantial justification" means that the
				  initial position of the Department, as well as the Department's position in the
				  adjudicatory proceeding, have reasonable bases in law and fact.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 3 - Equal Access to Justice (216-RICR-10-05-3) › Section 216-RICR-10-05-3.3 - Procedures Governing Applications for Awards of Reasonable Litigation Expenses

Current through June 14, 2024
A. All claims for an
				  award of reasonable litigation expenses shall be made on forms provided by the
				  Department and shall be filed with the adjudicative officer within thirty (30)
				  days of the date of the conclusion of the adjudicatory proceeding which gives
				  rise to the right to recover such an award. The adjudicatory proceeding shall
				  be deemed to be concluded as of the date:
1.
				  The adjudicative officer renders a written ruling or decision in connection
				  therewith;
2. The Department
				  terminates or disposes of it; or
3.
				  Any other act occurs that brings finality to it.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 3 - Equal Access to Justice (216-RICR-10-05-3) › Section 216-RICR-10-05-3.4 - Allowance of Awards

Current through June 14, 2024
A. Whenever a party
				  prevails in an adjudicatory proceeding, an award shall be made to such party of
				  reasonable litigation expenses actually incurred in connection with that
				  proceeding; provided that:
1. Such party has
				  satisfied the requirements of §
											3.3   of this Part;
				  and
2. The adjudicative officer has
				  determined that the Department did not have substantial
				  justification.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 3 - Equal Access to Justice (216-RICR-10-05-3) › Section 216-RICR-10-05-3.5 - Disallowance of Awards

Current through June 14, 2024
A. No award of fees
				  or expenses may be made if the adjudicative officer finds that the Department
				  had substantial justification. Any action initiated as the result of a
				  statutorily-mandated complaint shall be deemed to have substantial
				  justification for the investigation of that complaint and the adjudicatory
				  proceeding subsequent to the investigation of that complaint.
B. A claim for fees or expenses shall be
				  denied if the party is not actually the prevailing party.
C. The adjudicative officer may, at his or
				  her discretion, deny fees or expenses if special circumstances make an award
				  unjust. An explanation of the special circumstances precluding fees and
				  expenses shall be included in the adjudicative officer's decision.
D. Whenever the adjudicative officer finds
				  reasonable grounds to do so, he or she may recalculate the amount to be awarded
				  to the prevailing party, without regard to the amount claimed to be due on the
				  application for an award.
E. Notice
				  of the decision disallowing an application for an award of fees and expenses
				  shall be sent to the party by the Department via mail; provided, however, that
				  if the party is represented by an attorney, said notice shall be sent to the
				  attorney of record.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 3 - Equal Access to Justice (216-RICR-10-05-3) › Section 216-RICR-10-05-3.6 - Appeals

Current through June 14, 2024
Any appeal of a fee determination under this Part shall be
					 pursued as set forth in R.I. Gen. Laws §
										42-92-5.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 4 - Practices and Procedures Before the Rhode Island Department of Health › Section 216-RICR-10-05-4.1 - Authority

Current through June 14, 2024
These Regulations are promulgated pursuant to the authority
					 conferred under R.I. Gen. Laws Chapter 42-35 for the purpose of establishing
					 uniform procedures and practices governing administrative proceedings before
					 the Department of Health and all boards, councils, and commissions
					 therein.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 4 - Practices and Procedures Before the Rhode Island Department of Health › Section 216-RICR-10-05-4.3 - Scope

Current through June 14, 2024
This Part delineates the procedures and practices which
					 will be utilized by the Department and all Boards and commissions established
					 therein. All hearings and reviews required by law or Regulations shall be
					 conducted in accordance with this Part and with applicable provisions of R.I.
					 Gen. Laws Chapter 42-35.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 4 - Practices and Procedures Before the Rhode Island Department of Health › Section 216-RICR-10-05-4.4 - Representation

Current through June 14, 2024
4.4.1
Appearance
A. The Department shall inform a party of
				  her/his right to be represented by legal counsel in a contested
				  proceeding.
B. Except as may be
				  otherwise provided by law, or in the sole discretion of the AHO, no person may
				  appear in a representative capacity other than:
1. Members in good standing of the Bar of
				  Rhode Island;
2. A
bona
				  fide
officer, partner, director, member or full-time employee of an
				  individual firm, association, partnership, limited liability company or
				  corporation on behalf of that entity;
3. A person who is a party to an
				  administrative proceeding or his/her professional engineer, architect, or land
				  surveyor or other designee, as specifically authorized in writing and notarized
				  if the party is not present. In Fair Hearings, involving the WIC or Children
				  with Special Needs programs, a person other than an attorney may represent a
				  party.
4. All persons shall conform
				  to the standards of ethical conduct required of practitioners before the courts
				  of Rhode Island. If any such person does not conform to such standards, the AHO
				  may decline to permit such person to appear in a representative capacity in any
				  proceeding before the AHO.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 4 - Practices and Procedures Before the Rhode Island Department of Health › Section 216-RICR-10-05-4.5 - Time

Current through June 14, 2024
A. Timely Filing. Papers required or
				  permitted to be filed under this Part, or any provision of the applicable law,
				  must be filed with the Department or AHO within the time limits for such
				  filings as are set by Department Regulation or by the AHO or established by
				  law. Papers filed in the following manner shall be deemed filed as set forth in
				  this Part:
1. Hand-delivery. Papers hand
				  delivered during regular business hours shall be deemed filed on the date of
				  hand-delivery. Papers delivered by hand at times other than during regular
				  business hours shall be deemed filed on the next regular business day when
				  recorded as received by the Department.
2. Mailing. Papers deposited in the U.S. Mail
				  shall be deemed filed on the date received by the Department. In the event that
				  no date received appears, papers shall be deemed filed on the date so
				  postmarked. All papers shall show the date received by the
				  Department.
3. Electronic
				  Transmission. Papers transmitted by facsimile or email shall not be accepted
				  for filing unless specifically exempted from this provision by the AHO and
				  arrangements made for an authorized person to receive the transmitted papers as
				  they are transmitted.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 4 - Practices and Procedures Before the Rhode Island Department of Health › Section 216-RICR-10-05-4.7 - Commencement of Formal Proceedings

Current through June 14, 2024
A. Notice. Whenever
				  a proceeding may be initiated as a result of an action taken or proposed to be
				  taken by the Department, Board, or other entity of the Department, a notice
				  shall be sent which shall comply with the requirements set forth under §
										4.13(B)   of
				  this Part.
B. Request for Hearing.
				  Any person having a right to request a hearing shall follow the procedures set
				  forth in R.I. Gen. Laws Chapter 42-35 and other applicable statutory and
				  regulatory requirements. All requests for a hearing/s shall be on a sheet of
				  81/2 x 11-inch paper; shall be processed in a timely fashion and shall be
				  forwarded to the Department legal counsel no more than ten (10) days after
				  receipt by the Department or any of its divisions.
C. Content of Hearing Request. The request
				  for a hearing shall state clearly and concisely the specific issues which are
				  in dispute, and the facts in support thereof, the relief sought, if any, the
				  license or permit sought or involved, and any additional information required
				  by applicable statutes and Regulations.
D. Amendments and Withdrawal of Pleading. The
				  AHO, upon her/his own initiative or upon the motion of any party, may order any
				  party to file an answer or other pleading, or to reply to any pleading and
				  further permit either party to amend its pleading upon conditions just to all
				  parties.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 4 - Practices and Procedures Before the Rhode Island Department of Health › Section 216-RICR-10-05-4.8 - Motions/General Requirements

Current through June 14, 2024
A. Motion Practice.
				  By motion, any party may request of the AHO any order or action not
				  inconsistent with law or this Part. Such a request shall be called a motion. A
				  copy of all written motions shall be served upon all parties to the
				  case.
B. Presentation/Objection to
				  Motions. Motions may be made in writing at any time before or during the
				  hearing, or they may be made orally during the hearing. A written motion
				  submitted before the commencement of a hearing shall set forth the grounds for
				  the desired order or action and state whether oral argument is requested.
				  Within ten (10) business days after a written motion is filed with the AHO, a
				  party opposing said motion must file a written objection to the allowance of
				  the motion and shall, if desired, request oral argument. All motions and
				  objections shall be accompanied by a written memorandum, specifying the legal
				  basis and support of the party's position. Failure to file a written objection
				  within the prescribed time period will be deemed a waiver of the
				  objection.
C. Action on Motion. The
				  AHO may, if she/he determines oral argument on the motion is warranted, give at
				  least five (5) business days' notice of the time and place for such argument.
				  The AHO may grant requests for continuances for good cause shown. The AHO may
				  rule on a motion without a hearing if delay would seriously injure a party, or
				  if the motion involves a matter as to which presentation of testimony or oral
				  argument would not advance the AHO's understanding of the issues involved, or
				  if disposition without a hearing would best serve the public interest. The AHO
				  may act on a motion when all parties have responded thereto, or the deadline
				  for response has passed, whichever comes first.
D. Factual Basis. The parties may offer at a
				  hearing on the motions only such evidence as is relevant to the particular
				  motion in accordance with R.I. Gen. Laws §
										42-35-10.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 4 - Practices and Procedures Before the Rhode Island Department of Health › Section 216-RICR-10-05-4.9 - Special Requests

Current through June 14, 2024
A. Withdrawals. A
				  petitioner at any time may withdraw his request for hearing, but the withdrawal
				  must be submitted in writing to the AHO and be signed by the petitioner or his
				  authorized representative.
B.
				  Emergency Scheduling. Upon request of a party, the AHO may, for good cause,
				  order an accelerated hearing. Any request for an order accelerating the
				  scheduling of a hearing shall be addressed to the AHO in writing and shall
				  state the grounds therefor.
C.
				  Disqualification of Administrative Hearing Officer. Any party may make a motion
				  to disqualify or remove the AHO from a proceeding. The motion shall be
				  accompanied by an affidavit setting forth the reasons for the proposed
				  disqualification.
D. Other
				  Requests. A request may be made by a party, or his/her authorized
				  representative, in writing at any time, or orally during a hearing, for rulings
				  or relief, and may, after notice to the other parties, be ruled upon by the AHO
				  without a hearing.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 4 - Practices and Procedures Before the Rhode Island Department of Health › Section 216-RICR-10-05-4.11 - Intervention and Participation

Current through June 14, 2024
A. Intervention.
				  Any person not initially a party who wishes to intervene or participate in a
				  contested hearing shall file a written petition to intervene or participate
				  with the AHO.
B. Form and Content.
				  The motion shall set forth clearly and concisely the facts from which the
				  nature of the movant's alleged right or interest can be determined, the grounds
				  for the proposed intervention and the position of the movant in the
				  proceeding.
C. Rights of
				  Intervenors. Intervenors shall be persons who have demonstrated an injury in
				  fact which will result from a challenged action or application and whose
				  interests are not adequately represented by other parties to the hearing. Any
				  person permitted to intervene shall be a full party. Every petition to
				  intervene shall be treated in the alternative as a petition to
				  participate.
D. Rights to
				  Participate. Only those persons admitted as parties or intervenors to a
				  proceeding shall be permitted to participate in an administrative proceeding.
				  If the particular statute under which the hearing is held permits persons other
				  than parties to participate, they shall be allowed to participate. Permission
				  to participate, unless otherwise stated, shall not be deemed to constitute an
				  expression that the person allowed to participate is a party in interest who
				  may be aggrieved by any final decision. Participation may be limited to the
				  filing of a brief. If the person allowed to participate is permitted to make a
				  statement on the record, said person shall be under oath and subject to cross
				  examination from any party. The AHO shall set such limits on public
				  participation as she/he deems necessary to ensure that the hearing is held in
				  an orderly and expeditious fashion without undue prejudice to a party. A person
				  who petitioned to intervene and who was denied party status but allowed to
				  participate, may participate without waiving his/her rights to judicial review
				  of the denial of said petition to intervene.
E. Rules of Evidence. The Rhode Island Rules
				  of Evidence shall apply to evidence introduced during public participation to
				  the same extent as the rules apply to evidence admitted by other parties.
				  Testimony and papers submitted by members of the public which do not comport
				  with the evidentiary requirements of R.I. Gen. Laws §
										42-35-10 may be accepted, made a
				  part of the record for identification purposes and marked as a public comment;
				  however, if any of the testimony or evidence is utilized to arrive at a
				  decision, there shall be a statement identifying said testimony and or evidence
				  in the decision and or order.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 4 - Practices and Procedures Before the Rhode Island Department of Health › Section 216-RICR-10-05-4.12 - Pre-Hearing Conferences

Current through June 14, 2024
4.12.1
Pre-Hearing Conference
A. In any
				  proceeding, the AHO may require the parties to appear for a pre-hearing
				  conference prior to the scheduled commencement of the hearing to consider:
1. The simplification or clarification of the
				  issues;
2. The possibility of
				  obtaining stipulations, admissions, agreements on documents, understanding on
				  matters already of record, or similar agreement which will avoid unnecessary
				  proof;
3. The identification and
				  limitation of; the number of witnesses, expert witnesses and avoidance of
				  similar cumulative evidence, if the case is to be heard;
4. The possibility of agreement disposing of
				  all or any of the issues in dispute; and
5. Consideration of outstanding motions and
				  status of settlement negotiations, if any;
6. Any matters pertaining to exchange of
				  information;
7. Scheduling of
				  hearings and such other matters as may aid in the disposition of the contested
				  hearing or the other matters under consideration.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 4 - Practices and Procedures Before the Rhode Island Department of Health › Section 216-RICR-10-05-4.13 - Contested Hearings

Current through June 14, 2024
A. Hearings, When
				  and Where Held. Hearings will be held at a designated location.
Any party may, by motion, request that a hearing be held at
					 some place other than that designated, due to disability or infirmity of the
					 party or witness, or where justice and equity would be best served. Upon motion
					 of any party and upon good cause shown, the AHO may in her/his discretion
					 advance or delay a case for hearing.
B. Notice of Hearing. In any contested case,
				  the Department shall give notice of hearing which will apprise interested
				  persons of the opportunity for hearing on the matter in controversy which shall
				  include, at a minimum:
1. The date, time and
				  place of the hearing and/or pre-hearing conference;
2. A statement of the petitioner's right to
				  appear personally, to be represented by counsel or an authorized
				  representative, as permitted by §
											4.4   of this Part present at
				  the prehearing conference and/or hearing, and that she/he may respond and
				  present evidence and witnesses and cross examine other witnesses;
3. Sufficient notice of the specific issues
				  involved, the specific sections of statutes and/or rules and regulations
				  involved, the specific violations alleged, and/or the specific reason(s) for
				  denial so that the parties may have a reasonable opportunity to prepare and
				  present evidence and argument regarding the allegations and/or denial. If the
				  information stated in this paragraph cannot be fully stated in advance of the
				  hearing, the information shall be fully stated as soon as practicable. In all
				  cases of a delayed issues statement, or where subsequent amendment of the
				  issues is necessary, sufficient time shall be allowed, at the discretion of the
				  AHO, after full statement or amendment to afford all parties reasonable
				  opportunity to prepare and present evidence and argument respecting the
				  issues;
4. A statement that
				  notwithstanding failure to appear at a scheduled hearing, absent good cause,
				  the AHO will proceed with the hearing and enter an order based upon the
				  evidence presented;
5. The notice
				  of hearing must set forth the requirements for intervention as outlined in
				  §
											4.11   of
				  this Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 4 - Practices and Procedures Before the Rhode Island Department of Health › Section 216-RICR-10-05-4.14 - Decisions

Current through June 14, 2024
A. Decisions and Orders. All decisions and
				  orders rendered by the AHO shall be in writing, or stated on the record, and
				  shall comply with the requirements of R.I. Gen. Laws §
										42-35-12 and shall be made public
				  unless otherwise restricted by law. Every final decision and order shall
				  contain findings of fact and conclusions of law as necessary to comply with the
				  requirements of R.I. Gen. Laws § 42-3512, and shall contain a notice
				  indicating the right to enter an appeal of the decision and order to the
				  Superior Court pursuant to R.I. Gen. Laws §
										42-35-15.
B. Withdrawal of Exhibits. After a decision
				  has become final and all appeal periods have lapsed, the AHO may in her/his
				  discretion, upon motion, permit the withdrawal of original exhibits or any part
				  thereof by the party or person entitled thereto.
C. Presiding Officer Unavailable. When an AHO
				  becomes incapacitated or unavailable, for an unreasonable period of time, to
				  complete a hearing and/or decision and order, the Director may appoint another
				  AHO who shall complete the hearing.
D. Advisory Opinions. The Department shall
				  make a witness available to sponsor and be examined on any Advisory Opinion
				  issued by the Department. Issuance of Advisory Opinions by the Department shall
				  not be subject to requirements for public notice or public comment.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 4 - Practices and Procedures Before the Rhode Island Department of Health › Section 216-RICR-10-05-4.15 - Consent Order

Current through June 14, 2024
A. Negotiations. At
				  any time prior to the AHO rendering a final decision, parties to a hearing may
				  attempt to dispose of a matter by entering into a consent order. A joint
				  request for a stay of a hearing for this purpose shall be forwarded to the AHO
				  and shall indicate the present status of negotiations. If an agreement is not
				  reached within the time period for which any stay is approved, the hearing
				  process shall continue at the point from which the stay was issued.
B. Contents of Agreement. Every agreement
				  shall contain, in addition to an appropriate order, an admission of all
				  jurisdictional facts and express waivers of further procedural steps before the
				  AHO and of the right to appeal and shall also state that such agreement is
				  enforceable as an order of the Department in accordance with procedures
				  prescribed by law. In addition, the agreement may contain a statement that the
				  signing thereof is for settlement purposes only and does not constitute an
				  admission by any party that the law or Regulations have been violated as
				  alleged in the hearing notice.
C.
				  Disposition of Proposed Agreement. Upon receiving such agreement, the AHO may:
1. Accept it and issue the order agreed
				  upon;
2. Reject it and reschedule a
				  hearing; or
3. Take such other
				  action as the AHO deems appropriate.
4. The provisions of this Rule shall not
				  preclude settlement of the proceedings in any other manner.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 4 - Practices and Procedures Before the Rhode Island Department of Health › Section 216-RICR-10-05-4.16 - Appeals to Decisions/Orders

Current through June 14, 2024
Any party aggrieved by a final written order of the AHO may
					 file a complaint with the Superior Court pursuant to R.I. Gen. Laws §
										42-35-15. The filing of a
					 complaint does not automatically stay the decision or order unless so ordered
					 by the Superior Court. In the absence of a timely appeal, the order or decision
					 of the AHO shall become final and no further administrative appeal may be
					 taken.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 10 - Public Health Administration › Subchapter 05 - Practices and Procedures › Part 4 - Practices and Procedures Before the Rhode Island Department of Health › Section 216-RICR-10-05-4.17 - Petitions for Rule Making, Amendment or Repeal

Current through June 14, 2024
A. Any
				  interested person may petition the Director requesting the promulgation,
				  amendment or repeal of any Rule in the form prescribed by §
										4.6   of this Part and R.I.
				  Gen. Laws §
										42-35-6.
1. Where a petition requests the promulgation
				  of a Rule, the requested or Proposed Rule must be set out in full. The petition
				  must also include all the reasons for the requested Rule together with
				  memoranda of any applicable law. Where the petition requests the amendment or
				  repeal of a Rule presently in effect, the rule or portion of the Rule in
				  question must be set out as well as a suggested form, if any. The petition must
				  include all reasons for the requested amendment or repeal of the
				  Rule.
2. All petitions shall be
				  considered by the Director who may, in her/his discretion, order a hearing for
				  further consideration and discussion of the requested promulgation, amendment,
				  repeal or modification of any Rule.
3. The Director shall notify the petitioning
				  party, within thirty (30) days of receipt of the petition, of the disposition
				  of the petition.
4. A hearing shall
				  be granted if requested by twenty-five (25) persons, or by a governmental
				  subdivision or agency, or by an association having not less than twenty-five
				  (25) members. The Department shall consider fully all written and oral
				  submissions respecting the proposed Rule.
5. The Department shall issue a concise
				  explanatory statement regarding rulemaking pursuant to R.I. Gen. Laws §
											42-35-2.6.