220 R.I. Code R. 220-RICR-50-10-2.5

Current through December 26, 2024
Section 220-RICR-50-10-2.5 - Notice of Contested Case
A. Notice Required. The Department shall give written notice ("Notice") to all Parties of the initiation of a Contested Case. The Notice shall be designed to afford an opportunity for hearing to all Parties pursuant to R.I. Gen. Laws § 42-35-9 or as otherwise provided by law.
B. Notices. All Persons upon whom a § 2.5(A) of this Part Notice is served, if required to do so in the Notice, shall file a written answer ("Answer") within twenty (20) days of the service of the § 2.5(A) of this Part Notice. The Answer shall be in the form of a specific admission, denial, and/or assertion that the Respondent is without sufficient knowledge or information to form a belief with respect to each of the allegations in the § 2.5(A) of this Part Notice, along with the assertion of any defense to any allegation(s). Any Party having a right to request a hearing shall request such hearing in accordance with the terms and conditions contained in the § 2.5(A) of this Part Notice.
C. If Respondent/Party requests a hearing in response to a Notice, the Department shall provide a Notice of Hearing to the Respondent in the form of an order appointing a Hearing Officer which order shall specify the type of hearing and the date for a prehearing conference.
D. The Notice of Hearing shall also inform the Respondent that:
1. it shall be his/her or its sole responsibility (or his/her or its representative) to present a defense at hearing; and
2. specify the statutory cause of action under which the hearing is convened and potential penalty or penalties resulting therefrom.
E. Contents of Notice. The Notice of Hearing shall comply with R.I. Gen. Laws § 42-35-9(b) and/or any other statutory requirements.
F. Order Regarding Hearing. For those proceedings where a Party has requested a hearing (such as an appeal pursuant to R.I. Gen. Laws § 36-4-40), where there is no need for the Notice as delineated in § 2.4(A) of this Part, an order shall be issued specifying the time, date, location of the hearing.
G. Request for Hearing. A request for a hearing filed by a Party/Respondent/Person (or attorney acting on his/her behalf) must be signed by said Party/Respondent/Person.

220 R.I. Code R. 220-RICR-50-10-2.5