Section 216-RICR-10-05-4.8 - Motions/General RequirementsA. Motion Practice. By motion, any party may request of the AHO any order or action not inconsistent with law or this Part. Such a request shall be called a motion. A copy of all written motions shall be served upon all parties to the case.B. Presentation/Objection to Motions. Motions may be made in writing at any time before or during the hearing, or they may be made orally during the hearing. A written motion submitted before the commencement of a hearing shall set forth the grounds for the desired order or action and state whether oral argument is requested. Within ten (10) business days after a written motion is filed with the AHO, a party opposing said motion must file a written objection to the allowance of the motion and shall, if desired, request oral argument. All motions and objections shall be accompanied by a written memorandum, specifying the legal basis and support of the party's position. Failure to file a written objection within the prescribed time period will be deemed a waiver of the objection.C. Action on Motion. The AHO may, if she/he determines oral argument on the motion is warranted, give at least five (5) business days' notice of the time and place for such argument. The AHO may grant requests for continuances for good cause shown. The AHO may rule on a motion without a hearing if delay would seriously injure a party, or if the motion involves a matter as to which presentation of testimony or oral argument would not advance the AHO's understanding of the issues involved, or if disposition without a hearing would best serve the public interest. The AHO may act on a motion when all parties have responded thereto, or the deadline for response has passed, whichever comes first.D. Factual Basis. The parties may offer at a hearing on the motions only such evidence as is relevant to the particular motion in accordance with R.I. Gen. Laws § 42-35-10.216 R.I. Code R. 216-RICR-10-05-4.8
Amended effective 1/9/2022