reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 2 - Rules of Procedure for Administrative Hearings › Section 230-RICR-10-00-2.2 - Purpose

Current through June 14, 2024
A. This Regulation is adopted for the purpose
				  of assisting in carrying out the functions, powers and duties assigned to the
				  Department of Business Regulation.
B. This Regulation shall govern the conduct
				  of administrative adjudicatory proceedings commenced before the Department
				  after its effective date. This Regulation 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, R.I. Gen. Laws Chapter 42-35. To the extent that any part of
				  this Regulation is inconsistent with applicable law or the terms of any other
				  regulation promulgated by the Department, the applicable law and/or the terms
				  of such other regulation shall be deemed to apply.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 2 - Rules of Procedure for Administrative Hearings › Section 230-RICR-10-00-2.3 - Definitions

Current through June 14, 2024
A. When used in this Regulation, the
				  following words, except as otherwise required by the context, shall have the
				  following meaning:
1. "APA" means the Rhode
				  Island Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
2. "Contested Case" means as defined in R.I.
				  Gen. Laws §
											42-35-1.
3.
				  "Department" means the Department of Business Regulation or any Division or
				  Office thereof.
4. "Director" means
				  the Director of the Department or their designee.
5. "Hearing Officer" or "Presiding Officer"
				  means the individual(s) authorized by law or duly designated by the Director to
				  conduct hearings, write decisions and make recommendations to the Director in
				  Contested Cases, including the Director if they choose to hear the matter
				  themselves.
6. "License" means an
				  authorization issued by the Department (sometimes referred to as a license,
				  permit, certificate, approval, registration, charter) granting permission
				  required by law to engage in certain activities.
7. "Licensee" means any holder of a
				  License.
8. "Party" or "Parties"
				  means each Person named as a Respondent and any other Person 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. "Respondent" means a Party who is the
				  subject of an administrative action pursuant to §
											2.4   of this
				  Part.
11. "Writing" means includes
				  electronic writings if the parties have agreed to conduct the transaction by
				  electronic means in accordance with R.I. Gen. Laws §
											42-127.1-7.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 2 - Rules of Procedure for Administrative Hearings › Section 230-RICR-10-00-2.4 - Department Investigations

Current through June 14, 2024
A. Department
				  Investigations. Upon receipt of a complaint regarding a Licensee or any Person
				  required to be licensed, or on its own authority, the Department may initiate
				  an investigation and take action:
1. Against a
				  Licensee,
2. Against an applicant
				  for a License or for renewal of a License,
3. Against any Person who is required to be
				  licensed but is not licensed, and
4. Against any Person who is subject to the
				  regulatory authority of the Department.
5. All such actions shall be upon such terms
				  and conditions as are permitted under applicable law and the regulations
				  adopted pursuant thereto.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 2 - Rules of Procedure for Administrative Hearings › Section 230-RICR-10-00-2.5 - Notice of Contested Case

Current through June 14, 2024
A. Notice Required.
				  The Department shall give notice ("Notice") to all Respondents of the
				  initiation of a Contested Case. The Notice, which may but is not required to be
				  in the form of an order to show cause, shall be designed to afford an
				  opportunity for hearing to all parties pursuant to the APA.
B. Hearings. If the Notice schedules a
				  prehearing conference and/or a hearing, the Respondent must comply with the
				  Notice or be subject to a default in accordance with §
										2.21   of this Part.
				  If the Notice informs the Respondent of its right to a hearing upon request,
				  the Respondent must follow the requirement of the Notice and request a hearing,
				  or it will be subject to default in accordance with §
										2.21   of this Part.
1. If the Respondent requests a hearing in
				  response to a Notice, the Department shall then provide an additional Notice to
				  the Respondent with the date and time of a prehearing conference, an order
				  appointing a Presiding Officer and, to the extent not included in the first
				  Notice, the legal and factual information that forms the basis for the relief
				  sought by the Department.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 2 - Rules of Procedure for Administrative Hearings › Section 230-RICR-10-00-2.6 - 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. Prehearing conferences
				  and status conferences may be held remotely in accordance with §
										2.15(K)
				    of this Part.
B. The Director or
				  the Presiding 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 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 2 - Rules of Procedure for Administrative Hearings › Section 230-RICR-10-00-2.7 - 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
				  Presiding 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
, the Party 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 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 2 - Rules of Procedure for Administrative Hearings › Section 230-RICR-10-00-2.8 - 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, the title of
				  the proceeding and the name of the Person on whose behalf the filing is
				  made.
B. Form. All pleadings and
				  other documents filed with the Department shall be filed by electronic mail or
				  other electronic means determined by the Department, or by any other manner or
				  means approved by the Presiding Officer. All documents must include, if
				  applicable, the Rhode Island Bar number, address, telephone number, and e-mail
				  address of each attorney and
pro se
litigant. Electronic
				  receipt by the Department shall be presumptive of the actual date of
				  filing.
C. Signature. The
				  electronic 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 their 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, that
				  representative has full power and authority to do so. The signature on the
				  pleading may be handwritten or electronic, at the discretion of the
				  signatory.
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 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 2 - Rules of Procedure for Administrative Hearings › Section 230-RICR-10-00-2.9 - Service

Current through June 14, 2024
A. Service Upon Respondent and Parties. A
				  copy of all pleadings and other documents filed in any proceeding governed by
				  this Regulation shall be served upon all Parties.
B. Manner of Service.
1. Service of a Notice pursuant to §
											2.5(A)   of this Part shall be made upon a Party's last known address on file
				  with the Department if the Party is a Licensee. If the Party is a non-licensee,
				  service of a Notice pursuant to §
											2.5(A)   of this Part shall be made upon
				  the Party's last known address which the Department reasonably believes will
				  result in actual delivery to the Party.
2. As to all other pleadings, unless
				  otherwise ordered by the Presiding Officer, service under this Regulation shall
				  be made upon a Party or upon the Party's attorney by electronic delivery to the
				  electronic address supplied by the Party in the pleadings.
3. Service upon persons who have not yet made
				  an appearance shall be the same as is required for service of a
				  Notice.
4. Service by mail is
				  complete upon mailing.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 2 - Rules of Procedure for Administrative Hearings › Section 230-RICR-10-00-2.10 - Time

Current through June 14, 2024
A. Computation. Unless otherwise specifically
				  provided by law, computation of any time period referred to in this Regulation
				  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 not open
				  for business, in which case the period shall run until the next following
				  business day.
B. Extensions of
				  Time. It shall be within the discretion of the Presiding 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 Presiding Officer before the
				  expiration of the applicable time period unless waived by the Presiding
				  Officer. The Presiding officer may grant or deny such motions on the basis of
				  the written request and without a full hearing.
C. Continuances. Except as otherwise provided
				  by law, the Presiding Officer may, in their discretion, continue any proceeding
				  or hearing in the matter. If a Party requests a continuance, that request
				  should indicate whether or not the other Party(ies) assents to such request. If
				  the continuance is granted the requesting party must immediately notify all
				  other Parties of record and if deemed necessary prepare an order. The
				  continuance will only be effective when the notification to all other parties
				  of record has been made.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 2 - Rules of Procedure for Administrative Hearings › Section 230-RICR-10-00-2.11 - Motions

Current through June 14, 2024
A. General. Any Party may request that the
				  Presiding Officer enter any order or action not inconsistent with law or this
				  Regulation. The types of motions made shall be those which are permissible
				  under this Regulation 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
				  including orally at any in person or remote proceeding in the matter. Each
				  motion shall set forth 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 Presiding 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 Presiding Officer
				  shall, if they determine oral argument on the motion is warranted, give notice
				  of the time and place for such argument. The Presiding 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 Presiding
				  Officer's understanding of the issues involved or if disposition without
				  argument would best serve the public interest. The Presiding 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 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 2 - Rules of Procedure for Administrative Hearings › Section 230-RICR-10-00-2.12 - 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.
B.
				  Procedure. Any Party, by written request served upon all other Parties, may
				  request any discovery allowed under the Super. R. Civ. P. Discovery may be
				  limited by the Presiding Officer.
C. Hearing Delay. No hearing shall be
				  continued to permit the completion of discovery unless due cause is
				  shown.
D. Discovery Schedule. At
				  the discretion of the Presiding Officer, the discovery schedule shall be set at
				  the prehearing conference. The Presiding Officer may amend such discovery
				  schedule at the request of a party or on their own volition.
E. 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 Presiding
				  Officer.
F. A Party is not required
				  to file discovery responses with the Presiding Officer unless the discovery
				  response is used in the proceeding or otherwise ordered by the Presiding
				  Officer, consistent with the Super. R. Civ. P. R. 5(d).
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 2 - Rules of Procedure for Administrative Hearings › Section 230-RICR-10-00-2.13 - Subpoenas

Current through June 14, 2024
A. 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 Presiding Officer may be
				  issued by the Director upon submission to the Presiding 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 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 Presiding 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 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 2 - Rules of Procedure for Administrative Hearings › Section 230-RICR-10-00-2.14 - 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
				  Presiding 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 Presiding 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 Presiding Officer's notice to produce the
				  documents or other matter for the Presiding Officer's review.
D. Department Employees, Agents and
				  Consultants. The Presiding Officer may use Department employees, agents and
				  consultants to assist in the evaluation of any evidence introduced at the
				  hearing. No
ex parte
consultation is allowed, and all such
				  employees, agents and consultants shall be presented as witnesses and be
				  subject to cross examination in the proceedings.
E. Oath. All testimony shall be under oath or
				  by affirmation.
F. Testimony. At
				  the discretion of the Presiding Officer, an adverse inference may be drawn by
				  an assertion by a witness or a Party of their Fifth Amendment rights under the
				  U.S. Constitution.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 2 - Rules of Procedure for Administrative Hearings › Section 230-RICR-10-00-2.15 - 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 a courtroom. Where such decorum is not observed, the
				  Presiding Officer may take appropriate action including ejectment or
				  adjournment, if necessary. Hearings and status conferences may be held remotely
				  in accordance with §
										2.15(K)   of this Part.
B. Duties of Presiding Officer. The Presiding
				  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 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 Presiding Officer may, in their 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, crossexamine witnesses, object, make motions and
				  present arguments.
E. Record of
				  Proceedings.
1. A complete record of the
				  proceedings shall be recorded by either audio or video. At the discretion of
				  the Presiding Officer the proceeding may be recorded by stenographic record. In
				  the event the Presiding Officer orders a stenographic record, the Presiding
				  Officer shall declare which Party or Parties shall bear the cost thereof. Any
				  Party may on its own initiative order a stenographic record made of the
				  proceedings. The requesting Party shall incur all costs associated therewith
				  and provide a copy of the original stenographic record, at no cost, to the
				  Presiding Officer. When the stenographic record is requested by the Respondent,
				  a copy shall be provided to the Department Counsel at no cost to the
				  Department. Any Party may request a copy of the audio or video recording of the
				  proceedings. The requesting Party shall bear the cost thereof.
2. If a Party chooses to appeal a final
				  Departmental decision to Superior Court pursuant to the APA and the Superior
				  Court requires a transcript of the hearing, said appealing Party shall be
				  responsible for having the transcript prepared in a manner acceptable to the
				  Superior Court at the appealing Party's expense within twenty (20) days of
				  filing the appeal.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 2 - Rules of Procedure for Administrative Hearings › Section 230-RICR-10-00-2.16 - Penalties

Current through June 14, 2024
A. In determining the appropriate penalty to
				  impose on a Party found to be in violation of a statute(s) or regulation(s),
				  the Presiding Officer shall look to past precedence of the Department for
				  guidance and may consider any mitigating or aggravating circumstances.
1. Mitigating circumstances may include, but
				  shall not be limited to, the following: the Party's licensing history, i.e.,
				  the absence of prior disciplinary actions; the Party's acceptance of
				  responsibility for any violations; the Party's cooperation with the Department;
				  and the Party's willingness to give a full, trustworthy, honest explanation of
				  the matter at issue.
2. Aggravating
				  circumstances may include, but shall not be limited to, the following: the
				  Party's prior disciplinary history; the Party's lack of cooperation and/or
				  candor with the Department; the seriousness of the violation; whether the
				  Party's act undermines the regulatory scheme at issue; whether there has been
				  harm to the public; and whether the Party's act demonstrates dishonesty,
				  untrustworthiness, or incompetency.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 2 - Rules of Procedure for Administrative Hearings › Section 230-RICR-10-00-2.17 - Decisions

Current through June 14, 2024
A. All decisions rendered by the Presiding
				  Officer at the conclusion of a hearing shall be in writing and shall comply
				  with the requirements of the APA. If the Director has chosen to appoint someone
				  else as a Presiding Officer, the decision of the Presiding Officer shall be
				  reviewed by the Director who shall enter an order adopting, modifying or
				  rejecting the decision of the Presiding Officer. 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 the
				  APA.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 2 - Rules of Procedure for Administrative Hearings › Section 230-RICR-10-00-2.18 - Publication of License Suspensions and Revocations

Current through June 14, 2024
A. Any
				  final decision and order of the Director is public and may be published or
				  distributed as deemed necessary to adequately inform the public of the action
				  taken. All decisions and consent agreements may be posted on the Department's
				  website.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 2 - Rules of Procedure for Administrative Hearings › Section 230-RICR-10-00-2.19 - Reconsideration

Current through June 14, 2024
A. At any time after the issuance of a final
				  order of the Director, any Party may, for good cause shown, by motion, petition
				  the Director to reconsider the final order. The petitioner shall file their
				  motion within twenty (20) days of the issuance of the final order and shall set
				  forth the grounds upon which they rely. The Director may grant the motion for
				  reconsideration within their discretion and shall order such relief as they
				  deem appropriate under the circumstances.
B. The Director shall not entertain a motion
				  for reconsideration filed more than twenty (20) days after entry of the final
				  decision, unless the Presiding Officer finds good cause to entertain said
				  motion.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 2 - Rules of Procedure for Administrative Hearings › Section 230-RICR-10-00-2.20 - Judicial Review

Current through June 14, 2024
A. Any Party
				  aggrieved by a final written order of the Director may file a complaint with
				  the Superior Court pursuant to the APA. In the absence of a timely appeal, the
				  order or decision of the Director shall become final and no further
				  administrative appeal may be taken.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 2 - Rules of Procedure for Administrative Hearings › Section 230-RICR-10-00-2.21 - Default

Current through June 14, 2024
A. If any Party to a proceeding fails to
				  plead, appear at a prehearing conference or hearing or otherwise fails to
				  prosecute or defend an action as provided by this Regulation, the Presiding
				  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 Presiding Officer deems appropriate in their sole
				  discretion or take such other action as the Presiding Officer deems appropriate
				  in their sole discretion. Challenge to such an order shall be made as a motion
				  for reconsideration pursuant to §
										2.19   of this Part.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 2 - Rules of Procedure for Administrative Hearings › Section 230-RICR-10-00-2.22 - Disqualification; Incapacity of Presiding Officer

Current through June 14, 2024
A.
				  Disqualification. Any Party may make a motion to the Director requesting that
				  they disqualify or remove the Presiding Officer from the proceeding. The motion
				  shall be accompanied by an affidavit setting forth the reasons for the
				  disqualification. If the motion to disqualify is granted, the Director shall
				  assign another Presiding Officer to the matter.
B. Incapacity. When the Presiding 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 Presiding 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 Presiding Officer. If the substitute
				  Presiding Officer finds that the objecting party will be prejudiced, the
				  substitute Presiding Officer will issue an Order making such findings and will
				  hear the matter
de novo
.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 2 - Rules of Procedure for Administrative Hearings › Section 230-RICR-10-00-2.23 - Miscellaneous

Current through June 14, 2024
A. Intervention. A request to intervene
				  consistent with Super. R. Civ. P. Rule  24   may be initiated by filing a motion
				  to intervene with the Presiding Officer.
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 Presiding Officer or the Director about any matter related to the
				  proceeding, and the Presiding Officer and/or the Director shall not request or
				  entertain any such
ex parte
communications. The prohibitions
				  contained above do not apply to those communications which relate to hearing
				  schedules, procedural matters and general information about how hearings are
				  conducted.
C. Consolidation. The
				  Presiding Officer may, in their discretion, consolidate or combine several
				  matters for purposes of hearing or other proceedings, when they find 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.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 2 - Rules of Procedure for Administrative Hearings › Section 230-RICR-10-00-2.24 - Protective Orders

Current through June 14, 2024
A. Motions for
				  protective orders shall be filed in accordance with §
										2.11   of this
				  Part.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 2 - Rules of Procedure for Administrative Hearings › Section 230-RICR-10-00-2.25 - Equal Access to Justice for Small Businesses

Current through June 14, 2024
A.
				  Pursuant to R.I. Gen. Laws §
										42-92-1
et seq
., the
				  Presiding Officer shall award reasonable litigation expenses incurred by the
				  prevailing party in connection with Departmental hearings, if the Presiding
				  Officer finds that all of the following conditions are met:
1. That there was no reasonable basis in fact
				  or law for the Department's position; and
2. The adjudicatory proceedings involved loss
				  of benefits, the imposition of a fine, the suspension or revocation of a
				  license or permit, or which may result in the compulsion or restriction of
				  activities; and
3. The prevailing
				  party must be either:
a. An individual whose
				  net worth is less than five hundred thousand dollars ($500,000) at the time the
				  adjudication is initiated; or
b. An
				  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 no more than one hundred
				  (100) persons at the time the adjudication is initiated; and
4. The prevailing party must
				  request reimbursement not later than thirty (30) days following the issuance of
				  the written order, detailing:
a. Compliance
				  with §§
												2.25(A)(1), (2), (3), and (4) of this Part; and
b. The costs incurred in defending against
				  the unreasonable adjudicatory proceedings, including, but not limited to,
				  attorney's fees and witness fees.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 2 - Rules of Procedure for Administrative Hearings › Section 230-RICR-10-00-2.26 - Application Review for Individuals Convicted of a Crime

Current through June 14, 2024
A. Applications by a person who has been
				  convicted of a crime or crime(s) for an occupational license, permit,
				  certificate, or registration issued by the Department shall be reviewed
				  consistent with R.I. Gen. Laws §
										28-5.1-14. To the extent that any
				  Department regulation conflicts with §
										2.26   of this Part, the provisions
				  of §
										2.26   of this Part control.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 2 - Rules of Procedure for Administrative Hearings › Section 230-RICR-10-00-2.27 - Severability

Current through June 14, 2024
A. 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 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 3 - Declaratory Rulings and Petitions (230-RICR-10-00-3) › Section 230-RICR-10-00-3.1 - Authority

Current through June 14, 2024
This regulation ("Regulation") is promulgated pursuant to
					 the authority granted in R.I. Gen. Laws §
										42-14-1 et seq., R.I. Gen. Laws
					 §
										42-35-6, and R.I. Gen. Laws §
										42-35-8.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 3 - Declaratory Rulings and Petitions (230-RICR-10-00-3) › Section 230-RICR-10-00-3.2 - Definitions

Current through June 14, 2024
A. When used in this Regulation, the
				  following words shall have the following meaning:
1. "Department" shall mean the Department of
				  Business Regulation.
2. "Director"
				  shall mean the Director of the Department.
3. "Filer" shall mean 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 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 3 - Declaratory Rulings and Petitions (230-RICR-10-00-3) › Section 230-RICR-10-00-3.3 - Declaratory Rulings

Current through June 14, 2024
A. General.
				  Pursuant to R.I. 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 §§
											3.3(A)(2)  or
				   3.3(A)(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 230 - Department of Business Regulation › Chapter 10 - Central Operations › Subchapter 00 - N/A › Part 3 - Declaratory Rulings and Petitions (230-RICR-10-00-3) › Section 230-RICR-10-00-3.4 - 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
				  §
											3.4(A)(2)  or  3.4(A)(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 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 1 - Uninsured and Underinsured Motorist Insurance (230-RICR-20-05-1) › Section 230-RICR-20-05-1.1 - Authority

Current through June 14, 2024
This regulation is promulgated in accordance with R.I. Gen.
					 Laws §§
										27-7-2.1,
					 27-10-13 and
					 27-10.3-1.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 1 - Uninsured and Underinsured Motorist Insurance (230-RICR-20-05-1) › Section 230-RICR-20-05-1.2 - Purpose

Current through June 14, 2024
The purpose of this Regulation is to implement the
					 requirement of uninsured and underinsured motorist coverage in motor vehicle
					 liability policies issued in this State.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 1 - Uninsured and Underinsured Motorist Insurance (230-RICR-20-05-1) › Section 230-RICR-20-05-1.3 - Definitions

Current through June 14, 2024
A. The definitions set forth in R.I. Gen.
				  Laws §
										27-7-2.1 are hereby incorporated
				  into this Regulation by reference. In addition, as used in this Regulation:
1. "Liability Limits" means the limit of
				  liability shown in the policy of the insured for coverage of Bodily Injury or
				  Property Damage as the result of a motor vehicle accident.
2. "Policy" means any contract or agreement
				  of insurance delivered or issued for delivery in this state by or on behalf of
				  any insurer licensed in this state.
3. "Signature" includes electronic signatures
				  if the parties have agreed to conduct the transaction by electronic means in
				  accordance with R.I. Gen. Laws §
											42-127.1-7.
4. "Writing" includes electronic writings if
				  the parties have agreed to conduct the transaction by electronic means in
				  accordance with R.I. Gen. Laws §
											42-127.1-7.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 1 - Uninsured and Underinsured Motorist Insurance (230-RICR-20-05-1) › Section 230-RICR-20-05-1.4 - Requirement for Uninsured Motorist Coverage

Current through June 14, 2024
No motor vehicle liability policy insuring against loss
					 resulting from liability imposed by law for bodily injury arising out of the
					 ownership, maintenance, or use of a motor vehicle shall be delivered or issued
					 for delivery in this State with respect to any motor vehicle registered or
					 principally garaged in this State unless Uninsured/Underinsured Motorist bodily
					 injury Coverage is provided therein or supplemental thereto, not less than the
					 limit set forth in R.I. Gen. Laws §
										31-31-7 or such coverage is
					 rejected as provided in §
										1.5   of this Part. The insurance company must
					 offer uninsured/underinsured bodily injury liability limits equal to the bodily
					 injury liability limits in the policy. The insurer must offer Uninsured
					 Motorist Property Damage in a minimum amount of $25,000.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 1 - Uninsured and Underinsured Motorist Insurance (230-RICR-20-05-1) › Section 230-RICR-20-05-1.5 - Rejection of Uninsured Motorist Coverage

Current through June 14, 2024
A. The
				  insured may elect to purchase coverage in an amount less than the bodily injury
				  liability limits in the policy. However, the named insured may not elect
				  uninsured/underinsured motorist bodily injury liability limits less than the
				  minimum under R.I. Gen. Laws §
										31-31-7, unless the named insured
				  has elected to purchase the bodily injury liability minimum liability limits in
				  the policy under R.I. Gen. Laws §
										31-31-7. Only if the named insured
				  has elected to purchase the bodily injury minimum liability limits under R.I.
				  Gen. Laws §
										31-31-7, may the named insured
				  elect to reduce the uninsured/underinsured motorist bodily injury liability
				  limits to zero. With regard to uninsured/underinsured motorist bodily injury,
				  if the named insured rejects uninsured/underinsured motorist bodily injury
				  coverage, that election must be in writing in a form substantially similar to
				  that set forth in a bulletin issued for that purpose.
B. If collision coverage is included in the
				  policy no written rejection of Uninsured Motorist Property Damage is required.
				  If the insured has not purchased collision a written rejection of Uninsured
				  Motorist Property Damage is required. If a rejection is sent but not returned
				  by the insured the Uninsured Motorist Property Damage shall be included in the
				  policy at the $25,000 minimum limit. The named insured may reject Uninsured
				  Motorist Property Damage.
C. The
				  insurance company must notify the named insured of the availability of
				  uninsured motorist coverage or increased optional limits any time the policy is
				  renewed, reinstated, substituted, amended, altered, modified, transferred or
				  replaced. A separate notice is not required but the notice must be prominent,
				  clear and in writing.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 05 - Personal Lines - Automobile and Homeowners Insurance › Part 1 - Uninsured and Underinsured Motorist Insurance (230-RICR-20-05-1) › Section 230-RICR-20-05-1.6 - Results of Selection of Coverage

Current through June 14, 2024
If an insured elects Uninsured/Underinsured Motorist
					 liability limits that are less than the liability limits or rejects Uninsured
					 Motorist Property Damage Liability coverage, these selections shall be followed
					 and included in any renewal, supplementary, replacement or substitute policy,
					 even if liability limits or insured vehicles are subsequently changed. Where
					 the insured elects Uninsured/Underinsured Motorist liability limits equal to
					 the bodily injury liability limits and the bodily injury liability limits are
					 later changed, the Uninsured/Underinsured Motorist bodily injury Liability
					 limits will also change to reflect the same amount. The insured may change any
					 original or subsequent election by notifying the company in writing of his/her
					 desire for such change.