Current through December 26, 2024
Section 220-RICR-80-05-2.7 - Conduct of HearingsA. Hearings shall be conducted by the Hearing Officer who shall have authority to examine witnesses, to rule on motions, and to rule upon the admissibility of evidence.B. The hearing shall be convened by the Hearing Officer. Appearances shall be noted and any motions or preliminary matters shall be taken up. Each Party shall have the opportunity to present its case generally on an issue by issue basis, by calling and examining witnesses and introducing written evidence.C. The Administrator shall first present his or her case followed by presentation of the Agency and any other Parties.D. The Hearing Officer shall have the authority to continue or recess any hearing and to keep the record open for the submission of additional evidence.E. If for any reason a Hearing Officer cannot continue on a case, another Hearing Officer will be appointed who will become familiar with the record and perform any function remaining to be performed without the necessity of repeating any previous proceedings in the case.F. Each Party shall have the opportunity to examine witnesses and cross-examine opposing witnesses on any matter relevant to the issues in the case.G. Any objections to testimony or evidence and the basis for the objection shall be made at the time the testimony or evidence is offered.H. The Hearing Officer may question any Party or any witness for the purpose of clarifying his or her understanding or to clarify the record.I. The scope of the hearing shall be limited to those matters specifically outlined in the complaint.J. Written evidence will be marked for identification. If the original is not readily available, written evidence may be received in the form of copies or excerpts. Upon request, Parties shall be given an opportunity to compare the copy with the original.K. Findings of fact shall be based solely on the evidence and matters officially noticed.L. If a Party fails to attend or participate in the hearing as requested, the Hearing Officer may issue a default ruling against such Party.220 R.I. Code R. 220-RICR-80-05-2.7