Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 10 - Administrative Adjudication Division › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Administrative Adjudication Division (250-RICR-10-00-1) › Section 250-RICR-10-00-1.2 - Formal Rules

Current through June 14, 2024
A. Scope of rules.
				  These rules shall govern the conduct of adjudicatory proceedings within the
				  jurisdiction of the Administrative Adjudication Division of the Department of
				  Environmental Management.
B.
				  Construction of rules. These rules shall be construed to further the prompt and
				  just determination of every proceeding and in conformity with the Rhode Island
				  Administrative Procedures Act.
C.
				  Definitions. The following words when used in the rules, except as otherwise
				  required by the context, shall have the following meaning:
1. "AAD" means the Department of
				  Environmental Management Administrative Adjudication Division.
2. "Administrative Hearing Officer" or "AHO"
				  means the individual(s) authorized by law or duly designated by the Chief
				  Hearing Officer to conduct adjudicatory proceedings.
3. "Adjudicatory proceeding" means an
				  adjudicatory proceeding before the Department of Environmental Management
				  Administrative Adjudication Division in which the legal rights, duties or
				  privileges of specifically named Persons are determined after an opportunity
				  for an Agency hearing.
4. "Agency"
				  means any Department (including the Department of Environmental Management),
				  board, commission, council, division or authority within the executive branch
				  of state government.
5.
				  "Appearance" means an appearance is defined as notice of participation in an
				  adjudicatory proceeding which may be accomplished either by the filing of a
				  pleading or an entry of Appearance with the administrative Clerk of the
				  Department of Environmental Management Division of Administrative Adjudication.
6. "Certification" means a
				  statement wherein a party attests that they have performed the requirements of
				  §
											1.6(F) of
				  this Part.
7. "Clerk" means the
				  administrative Clerk of the Department of Environmental Management Division of
				  Administrative Adjudication for Environmental Matters appointed by the Governor
				  with the advice and consent of the senate.
8. "Commenced" means an administrative
				  hearing has commenced upon conclusion of the pre-hearing conference.
9. "Department" means the Department of
				  Environmental Management as created in R.I. Gen. Laws §42-17.1.
10. "Division" means a subsection of the
				  Department with authority to carry out statutorily designated Departmental
				  functions including Divisions, Offices and Programs.
11. "Director" means the Director of the
				  Department of Environmental Management or his/her designee.
12. "Papers" means all written communications
				  submitted to the Administrative Adjudication Division in an adjudicatory
				  proceeding, including but not limited to, motions, pleadings, documents and all
				  other correspondence.
13. "Party"
				  means the specifically named person(s) whose legal rights, duties or privileges
				  are being determined in an adjudicatory proceeding; the Division and any other
				  person who has been granted the right to intervene.
14. "Person" means any individual,
				  partnership, corporation, limited liability company, association, governmental
				  subdivision, or public or private organization.
15. "Petitioner" means person who initiates
				  an adjudicatory proceeding.
16.
				  "Regular business hours" means papers will be deemed filed during regular
				  business hours if received during the hours of 8:30 a.m. to 4:00 p.m. Monday
				  through Friday on days other than state holidays. The Department's physical,
				  facsimile, or electronic mail date stamp shall be presumptive of the actual
				  date and the time of filing. Filing by electronic transmittal is permitted,
				  provided, however, an original copy of said filing shall be delivered to the
				  AAD within five (5) days of electronic transmittal. Upon electronic filing,
				  opposing counsel shall also be transmitted a copy of the pleading
17. "Respondent" means the party who
				  challenges an order of the Department, or any other parties not bearing the
				  burden of proof.