216 R.I. Code R. 216-RICR-10-05-4.15

Current through November 7, 2024
Section 216-RICR-10-05-4.15 - Consent Order
A. Negotiations. At any time prior to the AHO rendering a final decision, parties to a hearing may attempt to dispose of a matter by entering into a consent order. A joint request for a stay of a hearing for this purpose shall be forwarded to the AHO and shall indicate the present status of negotiations. If an agreement is not reached within the time period for which any stay is approved, the hearing process shall continue at the point from which the stay was issued.
B. Contents of Agreement. Every agreement shall contain, in addition to an appropriate order, an admission of all jurisdictional facts and express waivers of further procedural steps before the AHO and of the right to appeal and shall also state that such agreement is enforceable as an order of the Department in accordance with procedures prescribed by law. In addition, the agreement may contain a statement that the signing thereof is for settlement purposes only and does not constitute an admission by any party that the law or Regulations have been violated as alleged in the hearing notice.
C. Disposition of Proposed Agreement. Upon receiving such agreement, the AHO may:
1. Accept it and issue the order agreed upon;
2. Reject it and reschedule a hearing; or
3. Take such other action as the AHO deems appropriate.
4. The provisions of this Rule shall not preclude settlement of the proceedings in any other manner.

216 R.I. Code R. 216-RICR-10-05-4.15

Amended effective 1/9/2022