Section 216-RICR-10-05-3.5 - Disallowance of AwardsA. No award of fees or expenses may be made if the adjudicative officer finds that the Department had substantial justification. Any action initiated as the result of a statutorily-mandated complaint shall be deemed to have substantial justification for the investigation of that complaint and the adjudicatory proceeding subsequent to the investigation of that complaint.B. A claim for fees or expenses shall be denied if the party is not actually the prevailing party.C. The adjudicative officer may, at his or her discretion, deny fees or expenses if special circumstances make an award unjust. An explanation of the special circumstances precluding fees and expenses shall be included in the adjudicative officer's decision.D. Whenever the adjudicative officer finds reasonable grounds to do so, he or she may recalculate the amount to be awarded to the prevailing party, without regard to the amount claimed to be due on the application for an award.E. Notice of the decision disallowing an application for an award of fees and expenses shall be sent to the party by the Department via mail; provided, however, that if the party is represented by an attorney, said notice shall be sent to the attorney of record.216 R.I. Code R. 216-RICR-10-05-3.5
Amended effective 4/14/2020