Rhode Island Code of Regulations › Title 515 - Commission for Human Rights › Chapter 10 - Operation › Subchapter 00 - N/A › Part 2 - Procedure › Section 515-RICR-10-00-2.14 - Hearing

Current through June 14, 2024
A. Appearance of Parties. The complainant and
				 respondent shall be parties to the proceeding and may examine and cross-examine
				 witnesses and submit other evidence. Any person who has or claims an interest
				 in the subject of the hearing may, in the discretion of the hearing officer, be
				 permitted to appear for presentation of oral or written arguments.
B. Conduct of Hearings. Consistent with the
				 provisions of this Part, hearings shall be conducted by one or more hearing
				 officers. If more than one hearing officer conducts a hearing, one of them
				 shall be designated by the Commission as the presiding member.
C. Time of Hearings. A hearing shall be
				 conducted at the time and place set forth in the notice of hearing, except that
				 the time of hearing may be extended by the Commission, on application of any
				 party or the Commission attorney, to such later date as the Commission may
				 determine for good cause shown.
D.
				 Procedure at Hearing. Unless specifically provided otherwise in this Part, the
				 following procedures shall apply to all hearings before the Commission.
1. The hearing officer shall have full
				 authority to control the procedures of the hearing, to admit or exclude
				 testimony or other evidence, to rule upon all objections and take such other
				 actions as are necessary and proper for the conduct of such hearing including,
				 but not limited to, ordering the appearance of any person and the production of
				 any books, papers, documents or tangible things at the hearing; and ruling upon
				 any motion to quash or modify a subpoena; provided, however, that the hearing
				 officer shall make no finding at the hearing that respondent has engaged in any
				 unlawful discriminatory practice or that the complaint should be
				 dismissed.
2. Where hearings are
				 conducted by three (3) or more hearing officers, all rulings and determinations
				 shall be made by majority rule.
3.
				 Written stipulations may be introduced in evidence, if signed by the person(s)
				 sought to be bound thereby, or by their attorney(s). Oral stipulations may be
				 made on the record at hearings.
4.
				 The hearing officer may continue a hearing from day to day or adjourn it to a
				 later date or to such different place, as is permitted by law, by announcing
				 such action at the hearing, or by appropriate notice to all parties.
5. The hearing officer shall permit the
				 parties, the Commission attorney or members of the Commission staff who are
				 presenting the case, and other persons permitted to appear pursuant to this
				 Part to argue orally and/or to file briefs within such time limits as the
				 hearing officer may determine.
6.
				 The testimony taken at the hearing shall be under oath. The entire proceedings
				 shall be transcribed and the transcript shall be filed with the Commission.
				 Thereafter, in its discretion, the Commission, upon notice to the complainant
				 and to the respondent, may take further testimony or hear argument.
7. The hearing officer may exclude from the
				 hearing room, or from further participation in the proceeding, any person who
				 engages in disruptive conduct during the hearing.
8. Any party to a hearing may be represented
				 by counsel, as set forth in §
											2.3(A)     of
				 this Part. Any party may represent themselves to the extent authorized by law
				 and §
											2.3(A)     of
				 this Part. The Commission counsel may represent a party when they are directed
				 to do so by the Commission.
9. All
				 hearings shall be public, unless for good cause the Commission shall decide
				 otherwise.
10. The Commission shall
				 not be precluded from taking evidence, considering claims or issuing findings
				 on matters which could have been presented to any other state administrative
				 agency, but which were not actually presented and decided in a contested case
				 as defined under the Administrative Procedures Act. To the extent the
				 Commission is bound by findings of fact and conclusions of law of another state
				 administrative agency, the Commission shall be entitled to grant any relief
				 authorized under the law in accordance with those findings to the extent that
				 this relief was not available to, or within the authority of, the other agency
				 to provide.