Section 216-RICR-10-05-3.2 - DefinitionsA. Wherever used in these rules and regulations, the following terms shall be construed as follows: 1. "Act" means R.I. Gen. Laws Chapter 42-92 entitled "Equal Access to Justice for Small Businesses and Individuals."2. "Adjudicative officer" means the deciding official without regard to whether the official is designated as an administrative law judge, hearing officer, examiner, or otherwise, who presided at the adjudicatory proceeding.3. "Adjudicatory proceeding" means any proceeding conducted by, or on behalf of, the Department, whether administratively or quasi-judicially, that may result in: the loss of benefits; the imposition of a fine; or the denial, probation, suspension, or revocation of a license, registration, certification, or permit; or that may result in a party being compelled to perform an act or restricted from performing an act.4. "Department" means the Rhode Island Department of Health, any agent thereof, and any board or commission lodged therein.5. "Party" means any individual whose net worth is less than five hundred thousand dollars ($500,000) at the time the adjudicatory proceeding was first initiated; and any individual, partnership, corporation, association, or private organization doing business and located in the state, which is independently owned and operated, not dominant in its field, and which employs one hundred (100) or fewer persons at the time the adjudicatory proceeding was initiated.6. "Reasonable litigation expenses" means those expenses which were reasonably incurred by a party in an adjudicatory proceeding, including but not limited to, attorney's fees, witness fees of all necessary witnesses, and other costs and expenses as were reasonably incurred, except that: a. The award of attorney's fees must conform to the requirements set forth in the Act; andb. No expert witness may be compensated at a rate in excess of the highest rate or compensation for experts paid by the Department.7. "Substantial justification" means that the initial position of the Department, as well as the Department's position in the adjudicatory proceeding, have reasonable bases in law and fact.216 R.I. Code R. 216-RICR-10-05-3.2
Amended effective 4/14/2020