Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 9 - Rules of Procedure for Administrative Hearings › Section 490-RICR-00-00-9.6 - Conduct of Appeals

Current through June 14, 2024
A. General. Appeals
				  shall be as informal as may be reasonable and appropriate under the
				  circumstances. All Parties, witnesses and other Persons at an Appeal shall
				  conduct themselves in a manner consistent with the standards of decorum
				  commonly observed in any courtroom. Where such decorum is not observed, the
				  Board may take appropriate action including ejectment or adjournment, if
				  necessary.
B. The Board shall
				  conduct all Appeals in the manner prescribed pursuant to this Part, except as
				  is authorized to conduct a Prehearing under § 9.5(D) of this Part. The
				  Board shall conduct Appeals and proceedings pursuant to this Part provided
				  there exists a quorum of the Board. All Appeals and proceedings before the full
				  Board shall be conducted and heard by a quorum of the same Board members who
				  commenced hearing the initial Appeal or proceeding. An Appeal or proceeding is
				  commenced upon the receipt by the Board of substantive evidence, to include but
				  not be limited to exhibits and sworn testimony. The Board shall make all
				  decisions regarding admission or exclusion of evidence or any other procedural
				  matters and shall administer oaths to all witnesses or request that the
				  stenographer do so. The Board may rely upon legal counsel for advice on any
				  matter and/or legal question presented to the Board by the Parties and/or by
				  Board members.
C. Order of
				  Proceedings. Except as otherwise required by law, it shall be the usual
				  practice that the Board or the Appellant shall commence the proceedings. Where
				  evidence is peculiarly within the knowledge of one Party, or in matters in
				  which Appeals have been consolidated or where there are multiple Parties, the
				  Board may, in its sole discretion, direct which Party shall open and shall
				  further designate the order of presentation.
D. Rights of Parties. Parties shall have the
				  right to present evidence, cross-examine witnesses, object, make motions and
				  present arguments.
E. Record of
				  Proceedings.
1. A complete record of the
				  proceedings shall be recorded, or in the discretion of the Board, by
				  stenographic record. All Parties shall, upon request, receive a copy of the
				  recorded proceedings. In the event the Board authorizes a stenographic record,
				  the Board shall declare which Party or Parties shall bear the cost thereof. Any
				  Party may on his, her or its own initiative order a stenographic record be
				  taken of the proceedings with the prior permission of the Board. The requesting
				  Party shall incur all costs associated therewith. The Board shall be provided,
				  at no cost, with an original or duplicate copy of the stenographic record. In
				  addition, the Board's legal counsel shall also be provided with a copy of same
				  at no cost.
2. If a Party appeals a
				  final Board decision to the Superior Court, pursuant to R.I. Gen. Laws §
											42-35-1
et seq
. and the Superior Court requires a transcript
				  of the hearing, said Party shall be responsible for having the transcript
				  prepared by a recognized independent or Superior Court approved stenographer at
				  their own expense within twenty (20) days of the filing of the
				  appeal.