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-10-05-4.2 - Definitions

Current through June 14, 2024
A. When used in these Rules, the following
				  words and or terms, except as otherwise required by the context, shall have the
				  following meaning:
1. "Act" means R.I. Gen.
				  Laws Chapter 42-35.
2. "AHO" means
				  the Administrative Hearing Officer authorized by law or duly designated by the
				  Director and/or Board, to hear and decide, or to make a recommended order
				  and/or decision to the Director or Board.
3. "Authorized representative" means an
				  attorney, legal guardian or, in the case of fair hearings for the WIC and
				  Children with Special Needs Programs, another person authorized by a party for
				  the WIC and Children with Special Needs Programs, another person authorized by
				  a party to represent her/him in an Administrative Proceeding.
4. "Board" means any of the various boards,
				  committees, councils, and commissions within the Department which offer parties
				  hearings regarding legal rights, duties and/or privileges of those
				  parties.
5. "Contested case(s)"
				  means a proceeding, including but not restricted to ratemaking, price fixing,
				  licensing and benefits, in which the legal rights, duties, or privileges of a
				  specific party are required by law to be determined by the Department after an
				  opportunity for hearing. If the parties agree, proceedings not required by law
				  may also be conducted under this Part.
6. "Department" means the Rhode Island
				  Department of Health and any Board, Commission, Council or other entity within
				  the Department.
7. "Director" means
				  the Director of the Department of Health or her/his designee.
8. "Division" means a subsection of the
				  Department with authority to carry out statutorily designated departmental
				  functions.
9. "
Ex
				  Parte
" communications means a discussion, correspondence or contact
				  regarding a contested case between the AHO and a party to a contested case, or
				  a non-party who has an interest in the outcome of the case, without all parties
				  being present to such communication.
Communications for the purpose of scheduling and other
					 administrative functions shall not be considered
ex
					 parte
.
10.
				  "License" means the whole or part of any Department license, permit,
				  certificate, approval, registration, charter or similar form of permission
				  required by law.
11. "Licensing"
				  means the agency process respecting the grant, denial, renewal, revocation,
				  suspension, annulment, withdrawal, or amendment of a license.
12. "Party" or "Parties" means the
				  specifically named person(s) whose legal rights, duties or privileges are being
				  determined in an adjudicatory proceeding, or who are admitted as a party, or
				  properly seeking and entitled as of right to be admitted as a party in a
				  contested case, or intervenors which may be otherwise admitted.
13. "Person" means any individual,
				  partnership, corporation, limited liability company, association, governmental
				  subdivision, public or private organization of any character, or their
				  designee(s), but does not include the Department.
14. "Petitioner" means an individual or legal
				  entity(ies) who initiates a petition which results in an administrative
				  proceeding
15. "Regular business
				  hours" means between the hours of 8:30 A.M. to 4:30 P.M., Monday through
				  Friday, excluding State holidays. Filing by telecopier or facsimile is
				  prohibited unless specifically allowed prior to such filing.
16. "Respondent" means a party who is the
				  subject of a complaint and/or department investigation or any others not
				  bearing the burden of proof.
17.
				  "Rule(s)" and/or "Regulation(s)" means each Department statement of general
				  applicability that implements, interprets, or prescribes law or policy or
				  describes the organization, procedure, or practice requirements of the
				  Department. The term includes the amendment or repeal of a prior Rule, but does
				  not include:
a. Statements concerning only the
				  internal management of an agency and not affecting private rights or procedures
				  available to the public; or
b.
				  Declaratory rulings issued pursuant to R.I. Gen. Laws §
												42-35-8;
c. Intra-Department memoranda; or
d. An order.
18. "Rule making proceeding" means a
				  proceeding before the Department for purposes of adopting, amending or
				  repealing any Rule or Regulation of the Department.
19. "
Sua sponte
" means of
				  their own will or motion, without prompting or suggestion.
20. "Subpoena" means a process whereby a
				  witness is commanded to appear and give testimony.
21. "Subpoena
duces tecum
"
				  means a process whereby a witness is commanded to produce documents and/or
				  papers.