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-10-00-1.16 - Hearings

Current through June 14, 2024
A. Submission without a hearing. Any party
				  may elect to waive a hearing and to submit its case upon the record. Submission
				  of a case upon the record, without a hearing, does not relieve the parties from
				  the necessity of providing the facts supporting their burdens, allegations or
				  defenses.
B. Hearings, when and
				  where held. Hearings will be held at the location designated by the AHO. Any
				  party may, by motion, request that a hearing be held at some place other than
				  that designated, due to disability or infirmity of any party or witness, or
				  where justice and equity would be best served. Upon motion of any party and
				  upon good cause shown, the AHO may in his/her discretion schedule a case for
				  hearing.
C. Notice of hearings. The
				  notice of hearing must include the date, time and place of the hearing and
				  prehearing conference and a statement of the petitioner's right to have counsel
				  present. The notice shall provide sufficient notice of the issues involved so
				  that the parties may have a reasonable opportunity to prepare and present
				  evidence and argument. The notice of hearing must set forth the requirements
				  for intervention as outlined in §
										1.12 of this Part.
D. The notice of hearing shall set forth the
				  burden of proof. In an enforcement hearing, the burden of proof shall be set
				  forth in accordance with §
										1.12(C) of
				  this Part of the Rules and Regulations for the Assessment of Administrative
				  Penalties. In a hearing regarding the denial of a permit or variance
				  application by the Department, the burden of proof shall be on the
				  applicant.
E. If the issues cannot
				  be fully stated in advance of the hearing, they shall be fully stated as soon
				  as practicable. In all cases of delayed statement, or where subsequent
				  amendment of the issues is necessary, sufficient time shall be allowed at the
				  discretion of the AHO after full statement or amendment to afford all parties
				  reasonable opportunity to prepare and present evidence and argument respecting
				  the issues.
F. Conduct of Hearing
1. General. Hearings shall be as formal as
				  may be reasonable and appropriate under the circumstances.
2. Decorum. All parties, authorized
				  representatives, witnesses and other persons present at a hearing shall conduct
				  themselves in a manner consistent with the standards of decorum commonly
				  observed in any court. Where such decorum is not observed, the AHO may take
				  appropriate action including adjournment, if necessary.
3. Duties of hearing officer. The AHO shall
				  conduct the hearing, make all decisions regarding admission or exclusion of
				  evidence or any other procedural matters, and administer an oath or affirmation
				  to all witnesses.