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-10-05-4.6 - Filings Generally

Current through June 14, 2024
A. Title. All
				  pleadings and other documents filed with the Department shall, whenever
				  possible, state the file number, if any, the title of the proceeding, and the
				  name of the person on whose behalf the filing is made. Additionally, the name,
				  phone number, and bar numbers, if any, of the persons filing the pleading(s) or
				  document(s) are required on the documents being filed.
B. Signatures. Papers filed with the
				  Department shall be signed and dated by the party on whose behalf the filing is
				  made or by the party's authorized representative. This signature constitutes a
				  certification that the individual has read the document, knows the content
				  thereof, and to the best of her/his knowledge, that such statements are true,
				  that it is not interposed for delay, and that if the document has been signed
				  by an authorized representative she/he has full power and authority to do so.
				  Failure to comply may be cause for sanctions.
C. Designation of Division. Any Department
				  Division which is a party to a contested case shall be designated by its name
				  and not by the name(s) of particular individual(s) holding office, and if while
				  the contested hearing is pending, a change occurs in an individual(s) holding
				  office, the proceeding shall not abate solely for this reason, and no
				  substitution of parties shall be necessary.
D. Form and Size. All papers, except those
				  submittals and documents which are kept in a smaller or larger format during
				  the ordinary course of a party's business, shall be submitted on 81/2 x 11
				  inch paper. All papers shall be hand printed or typewritten.
E. Copies. The original and one (1) copy of
				  all pleadings, motions, briefs and memorandums shall be filed with the
				  Department however, the AHO may deem additional copies to be provided.
4.6.1
Service
A. Service Upon Parties. Simultaneously with
				  the filing of any and all papers with the Department, the party filing such
				  papers shall send a copy thereof to all other parties, if any, or their
				  authorized representative to the proceedings, by hand delivery, or first-class
				  US mail to her/his place of business, home address or other address as may be
				  required by applicable law or Regulations. Service by mail is complete upon
				  mailing, even if unclaimed or returned, when sent to the last known address of
				  the party.
B. Certificate of
				  Service. There shall accompany and be included in the original of each pleading
				  filed with the Department a Certificate of Service showing service on all
				  parties.
C. Date of Certificate to
				  Govern. In addition to the provisions in this section, the provisions of §
											4.5   of this Part also apply
				  and the time for response to all pleadings shall commence as of the date of
				  mailing the certificate of service.
D. Construction. All pleadings shall be
				  liberally construed and errors or defects therein which do not mislead or
				  affect the substantial rights of the parties involved may be
				  disregarded.