Rhode Island Code of Regulations › Title 825 - Housing and Mortgage Finance Corporation › Chapter 10 - Rules Relative to Agency Administration › Subchapter 00 - N/A › Part 2 - Equal Opportunity and Affirmative Action Procedures (825-RICR-10-00-2) › Section 825-RICR-10-00-2.11 - Hearings

Current through June 14, 2024
A. Requests for Hearings. Any Housing Sponsor receiving a notification of suspension is entitled to request an opportunity to be heard and to be represented by counsel at all hearings. All hearing requests shall be made in writing addressed to the Corporation at the Corporate Office and to the attention of Affirmative Action Officer. If after ten (10) days following receipt of notification, no such request for a hearing has been received by the Corporation, the Housing Sponsor shall be deemed to have waived its right to be heard, and final action on the proposed suspension may be taken.
B. Notice and Procedures. Upon receipt of a request for an opportunity to be heard, the Affirmative Action Officer shall arrange a prompt and timely hearing. Notice of the time and place of such hearing shall be in writing, and delivered to all interested parties by certified or registered mail, return receipt requested, together with a statement indicating the nature of the proceedings. All hearings shall be conducted in accordance with R.I. Gen. Laws Chapter § 42-35, as amended, by a Hearing Officer. All witnesses shall testify under oath or affirmation and shall be subject to cross-examination.
C. Determinations by Hearing Officer in Suspension Hearings. The Hearing Officer shall make a written determination and recommendation to the Executive Director based on all evidence presented at suspension hearings. All interested parties shall be notified of said determination by certified or registered mail, return receipt requested. The Executive Director shall review the findings of the Hearing Officer and issue a final determination on suspension of the Housing Sponsor within thirty (30) days from the date of the hearing. Notice of the Executive Director's determination shall be given to all interested parties in writing, signed by the Executive Director and transmitted by registered mail, return receipt requested.
D. Powers of Hearing Officer. While conducting hearings, the Hearing Officer shall have all powers necessary to conduct hearings in an expeditious and fair manner. The powers of the Hearing Officer shall include, but not be limited to, the power to:
1. Hold conferences to settle, simplify, or fix the issues in a proceeding, or to consider other matters that may aid in the expeditious disposition of the proceeding by consent of the parties or upon his own motion;
2. Require parties to state their position with respect to the various issues in the proceeding;
3. Require parties to produce for examination those relevant witness and documents under their control;
4. Rule on motions and other procedural items on matters pending before him;
5. Regulate the course of the hearing and conduct of the participants therein;
6. Receive, rule on, exclude, or limit evidence, and limit lines of questioning or testimony which are irrelevant, immaterial or unduly repetitious;
7. Fix time limits for submission of written documents in matters before him;
8. Impose appropriate sanctions against any party or person failing or refusing to follow or to obey an order under these procedures which sanctions may include;
a. Refusing to allow the party to support or oppose designated claims or defenses, or prohibiting him from introducing designated matters in evidence,
b. Excluding all testimony of an unresponsive or evasive witness,
c. Expelling any party or person from further participation in the hearing.
d. Take official notice of any material fact not appearing in evidence in the record, which is among the traditional matters of judicial notice.