Section 216-RICR-10-05-4.10 - Exchange of InformationA. General. The Department encourages prompt and complete disclosure and exchange of information between the parties to an Administrative Proceeding. Any party may request the names and addresses of all proposed witnesses in accordance with § 4.12 of this Part.
B. Production of Documents and Other Tangible Items. Any party, by written request served upon all other parties, may request the other party to produce for inspection, copying or photocopying a document, object or tangible thing which is relevant to the subject matter of the hearing. Any party wishing to object to such a request shall do so in as timely a manner as is possible prior to the date of the hearing and only after discussing the matter with the opposing party in an attempt to reach an agreement. The AHO in her/his discretion may establish limits on such requests.C. From Parties. Any party to the proceeding may request an order of the AHO requiring any other party to produce and to make available for inspection, copying or photocopying, at a prehearing conference or other specific time and place, any designated documents and tangible items, not privileged, which constitute or contain relevant evidence. The party seeking production should serve copies of the application on the other party(ies) to the proceeding, who should be given an opportunity to notify the AHO of any objections. The AHO shall order the production of such designated documents and tangible things unless he/she finds there is not good cause for doing so.D. From Non-parties. Any party to the proceeding may obtain a subpoena requiring a non-party to produce relevant designated documents and tangible items, not privileged, at a pre-hearing conference, at the taking of the non-parties deposition, or at any other specific time and place designated by the AHO.E. Hearing Delay. No hearing shall be continued to permit the completion of discovery unless prior due diligence is shown. 4.10.1Protective OrdersA. The AHO may, upon motion and for good cause shown, issue an order to protect a party or person from annoyance, embarrassment, oppression, disclosure of proprietary or confidential information, or undue burden or expense.B. The AHO may, upon motion of a party or another person, and for good cause shown, by order: 1. Restrict or defer disclosure by a party of the name of a witness, a narrative summary of expected testimony of a witness, or in the case of a Department witness, any prior statement of the witness, and2. Prescribe other appropriate measures to protect a witness.C. Any party affected by such action will have an adequate opportunity, once she\he learns the name of the witness(s) and obtains the narrative summary of her/his expected testimony, or, in the case of a Department employee witness, her/his prior statement or statements, to prepare for cross-examination and for the presentation of their case.216 R.I. Code R. 216-RICR-10-05-4.10
Amended effective 1/9/2022