216 R.I. Code R. 216-RICR-10-05-4.4

Current through November 7, 2024

Section 216-RICR-10-05-4.4 - Representation

4.4.1Appearance

A. The Department shall inform a party of her/his right to be represented by legal counsel in a contested proceeding.

B. Except as may be otherwise provided by law, or in the sole discretion of the AHO, no person may appear in a representative capacity other than:

1. Members in good standing of the Bar of Rhode Island;

2. A bona fide officer, partner, director, member or full-time employee of an individual firm, association, partnership, limited liability company or corporation on behalf of that entity;

3. A person who is a party to an administrative proceeding or his/her professional engineer, architect, or land surveyor or other designee, as specifically authorized in writing and notarized if the party is not present. In Fair Hearings, involving the WIC or Children with Special Needs programs, a person other than an attorney may represent a party.

4. All persons shall conform to the standards of ethical conduct required of practitioners before the courts of Rhode Island. If any such person does not conform to such standards, the AHO may decline to permit such person to appear in a representative capacity in any proceeding before the AHO.

4.4.2Representative/Attorney Unavailability

A. Absent agreement by the parties, the AHO at his/her sole discretion, for good cause shown, may grant a continuance of an administrative proceeding. For good cause shown, the parties may agree to up to two (2) continuances. Thereafter, any continuance requested may be granted only by the AHO in his/her sole discretion for good cause shown. All requests for continuances pursuant to this section shall be made in writing.

B. Organizations which are parties to an administrative proceeding, and which are not represented by legal counsel, shall designate a spokesperson to participate on their behalf at the proceeding. Should the designated spokesperson be unavailable on a scheduled hearing date, they shall notify the AHO of the specific reason for their unavailability.

C. Spokesperson for parties not represented by counsel, who have a conflict with hearing dates, shall be required to inform the AHO of the specific nature of the conflict and the reason for his/her unavailability.

D. Should the AHO grant a continuance, it shall be the responsibility of the party requesting the continuance to notify immediately all other parties of record and their representatives. The Department shall insure that at the site of the hearing a cancellation notice is posted at the entrance to the facility, said notice to include the date and time of the next scheduled hearing, if known, or the name and telephone number of the person who will be able to provide that information.

E. It shall be the further responsibility of the party requesting the continuance to notify the AHO of any anticipated scheduling conflict as soon as possible.

F.Ex Parte Communications. No person who is a party to or a participant in any proceeding before the Department, or the party's counsel, employee, agent, or any other individual, acting on the party's or their own or another's behalf, shall communicate ex parte with the AHO or the Director about or in any way related to the proceeding, and the AHO and/or Director shall not request or entertain any such ex parte communications. The prohibitions contained above do not apply to those communications which relate solely to general matters of procedure and scheduling.

4.4.3By Present or Former Employees of Department

A. In accordance with R.I. Gen. Laws Chapter 36-14, no person who is currently an employee of the Department may appear personally, or on behalf of, or represent any other person, or act as an expert witness before the Department except in the performance of her/his official duties.

B. Also in accordance with R.I. Gen. Laws Chapter 36-14, no person having been employed at the Department may, within one (1) year after employment has ceased, appear personally, or on behalf of any other person, or act as an expert witness before the Department, unless he/she appears on behalf of the Department.

216 R.I. Code R. 216-RICR-10-05-4.4

Amended effective 1/9/2022