Section 216-RICR-10-05-4.2 - DefinitionsA. When used in these Rules, the following words and or terms, except as otherwise required by the context, shall have the following meaning:1. "Act" means R.I. Gen. Laws Chapter 42-35.2. "AHO" means the Administrative Hearing Officer authorized by law or duly designated by the Director and/or Board, to hear and decide, or to make a recommended order and/or decision to the Director or Board.3. "Authorized representative" means an attorney, legal guardian or, in the case of fair hearings for the WIC and Children with Special Needs Programs, another person authorized by a party for the WIC and Children with Special Needs Programs, another person authorized by a party to represent her/him in an Administrative Proceeding.4. "Board" means any of the various boards, committees, councils, and commissions within the Department which offer parties hearings regarding legal rights, duties and/or privileges of those parties.5. "Contested case(s)" means a proceeding, including but not restricted to ratemaking, price fixing, licensing and benefits, in which the legal rights, duties, or privileges of a specific party are required by law to be determined by the Department after an opportunity for hearing. If the parties agree, proceedings not required by law may also be conducted under this Part.6. "Department" means the Rhode Island Department of Health and any Board, Commission, Council or other entity within the Department.7. "Director" means the Director of the Department of Health or her/his designee.8. "Division" means a subsection of the Department with authority to carry out statutorily designated departmental functions.9. "Ex Parte" communications means a discussion, correspondence or contact regarding a contested case between the AHO and a party to a contested case, or a non-party who has an interest in the outcome of the case, without all parties being present to such communication. Communications for the purpose of scheduling and other administrative functions shall not be considered ex parte.
10. "License" means the whole or part of any Department license, permit, certificate, approval, registration, charter or similar form of permission required by law.11. "Licensing" means the agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license.12. "Party" or "Parties" means the specifically named person(s) whose legal rights, duties or privileges are being determined in an adjudicatory proceeding, or who are admitted as a party, or properly seeking and entitled as of right to be admitted as a party in a contested case, or intervenors which may be otherwise admitted.13. "Person" means any individual, partnership, corporation, limited liability company, association, governmental subdivision, public or private organization of any character, or their designee(s), but does not include the Department.14. "Petitioner" means an individual or legal entity(ies) who initiates a petition which results in an administrative proceeding15. "Regular business hours" means between the hours of 8:30 A.M. to 4:30 P.M., Monday through Friday, excluding State holidays. Filing by telecopier or facsimile is prohibited unless specifically allowed prior to such filing.16. "Respondent" means a party who is the subject of a complaint and/or department investigation or any others not bearing the burden of proof.17. "Rule(s)" and/or "Regulation(s)" means each Department statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice requirements of the Department. The term includes the amendment or repeal of a prior Rule, but does not include:a. Statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public; or b. Declaratory rulings issued pursuant to R.I. Gen. Laws § 42-35-8;c. Intra-Department memoranda; or18. "Rule making proceeding" means a proceeding before the Department for purposes of adopting, amending or repealing any Rule or Regulation of the Department.19. "Sua sponte" means of their own will or motion, without prompting or suggestion.20. "Subpoena" means a process whereby a witness is commanded to appear and give testimony.21. "Subpoena duces tecum" means a process whereby a witness is commanded to produce documents and/or papers.216 R.I. Code R. 216-RICR-10-05-4.2
Amended effective 1/9/2022