Section 216-RICR-10-05-4.11 - Intervention and ParticipationA. Intervention. Any person not initially a party who wishes to intervene or participate in a contested hearing shall file a written petition to intervene or participate with the AHO.B. Form and Content. The motion shall set forth clearly and concisely the facts from which the nature of the movant's alleged right or interest can be determined, the grounds for the proposed intervention and the position of the movant in the proceeding.C. Rights of Intervenors. Intervenors shall be persons who have demonstrated an injury in fact which will result from a challenged action or application and whose interests are not adequately represented by other parties to the hearing. Any person permitted to intervene shall be a full party. Every petition to intervene shall be treated in the alternative as a petition to participate.D. Rights to Participate. Only those persons admitted as parties or intervenors to a proceeding shall be permitted to participate in an administrative proceeding. If the particular statute under which the hearing is held permits persons other than parties to participate, they shall be allowed to participate. Permission to participate, unless otherwise stated, shall not be deemed to constitute an expression that the person allowed to participate is a party in interest who may be aggrieved by any final decision. Participation may be limited to the filing of a brief. If the person allowed to participate is permitted to make a statement on the record, said person shall be under oath and subject to cross examination from any party. The AHO shall set such limits on public participation as she/he deems necessary to ensure that the hearing is held in an orderly and expeditious fashion without undue prejudice to a party. A person who petitioned to intervene and who was denied party status but allowed to participate, may participate without waiving his/her rights to judicial review of the denial of said petition to intervene.E. Rules of Evidence. The Rhode Island Rules of Evidence shall apply to evidence introduced during public participation to the same extent as the rules apply to evidence admitted by other parties. Testimony and papers submitted by members of the public which do not comport with the evidentiary requirements of R.I. Gen. Laws § 42-35-10 may be accepted, made a part of the record for identification purposes and marked as a public comment; however, if any of the testimony or evidence is utilized to arrive at a decision, there shall be a statement identifying said testimony and or evidence in the decision and or order.216 R.I. Code R. 216-RICR-10-05-4.11
Amended effective 1/9/2022