280 R.I. Code R. 280-RICR-30-00-1.3

Current through October 25, 2024

Section 280-RICR-30-00-1.3 - Rules of Practice - Generally

This section governs procedures and practices regarding contested matters before the Division of Motor Vehicles except those specifically listed in § 1.4 of this Part.

1.3.1 Appearances

A. No person may appear in a representative capacity before the Division of Motor Vehicles other than attorneys at law duly qualified and entitled to practice before the Supreme Court of the State of Rhode Island and attorneys at law duly qualified and entitled to practice before the highest court of record of any other state, if the attorneys at law of the State of Rhode Island are permitted to appear in a representative capacity before administrative agencies of such other state, and such other persons as by law are expressly authorized to appear in representative capacities, and if not otherwise prohibited by our state law. The Administrator may, in his or her sole discretion, permit a bona fide officer, partner, or full time employee of an individual firm, association, partnership, or corporation to appear for such individual firm, association, partnership, or corporation.

B. All persons appearing in proceedings before the Division of Motor Vehicles in a representative capacity shall conform to the standards of ethical conduct required of attorneys before the courts of Rhode Island. If any such person does not conform to these standards, that person may not be allowed to appear in a representative capacity in any proceeding before the Division.

1.3.2 Notice

Whenever notice of any person is or may be required, the notice shall consist of personal delivery to the person or by mailing of a letter by regular or certified mail. The person who provides the notice has the burden to demonstrate that notice was personally delivered or was mailed.

1.3.3 Request for Hearing

A. The procedure for a Request for Hearing consists of the following:

1. A clear and concise statement of the nature of the matter which is disputed, objected to, or otherwise sought to be contested and of the facts on which the appellant relies;

2. A clear and concise statement of the objection to the action of the Division of Motor Vehicles with which he or she is aggrieved, and contention of law, if any, which the appellant desires to raise, including the application of any agency rule or regulation which may be involved;

3. A prayer setting forth the relief sought; and

4. The name and address of the appellant, as well as the name and address of his or her attorney, if any.

B. Filing of Request for Hearing - The request for hearing shall be filed with the Administrator and be signed by the appellant or by his or her attorney. Such filing shall be made within ten (10) days, either by hand delivery or by regular mail, postage prepaid, addressed to the Division of Motor Vehicles, 600 New London Avenue, Cranston, Rhode Island 02920.

C. Failure to Comply - Failure to conform to the requirements of this subsection may constitute grounds for the dismissal of the request for hearing.

1.3.4 Hearings

A. General - All hearings required by law or by the Administrator shall be conducted in accordance with this Part. Where no hearing is required by the Act, the Administrator may nevertheless in his or her discretion conduct informal hearings or investigations in such manner and according to such procedures as established by the Act and R.I. Gen. Laws Title 31.

B. Contested Cases

1. In any contested case, all parties shall be afforded an opportunity for hearing after reasonable notice. The notice, shall include:

a. a statement of the time, place, and nature of the hearing;

b. a statement of legal authority and jurisdiction under which the hearing is to be held;

c. a reference to the relevant sections of the Rhode Island General Laws and Rhode Island Code of Regulations; and

d. a short and plain statement of the matters to be heard.

2. Opportunity shall be afforded to all parties to respond and present evidence and argument on all issues involved.

3. Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.

4. The record in a contested case shall include:

a. all pleading, motions, and intermediate rulings;

b. evidence received or considered;

c. a statement of matters officially noticed;

d. questions and offers of proof and ruling thereon;

e. proposed findings and exceptions; and

f. any decision, opinion, or report by the hearing officer.

5. Hearings - Open to Public - Hearings shall be open to the public unless the Administrator shall declare the hearing closed upon the request of a party and for good cause shown.

1.3.5 Conduct of Hearings

A. The Administrator is not required to consider any issue of fact or contention of law not specifically set out in the request for hearing.

B. Hearing Officers - Hearings shall be conducted by the Administrator or a hearing officer who shall have authority to examine witnesses, to rule on motions, and to rule upon the admissibility of evidence. The hearing officer shall have the authority to continue or recess any hearing, to keep the record open for the submission of additional evidence, and to issue a final decision.

C. Conduct of Hearing - The hearing shall be convened by the hearing officer, appearances shall be noted, any motions or preliminary matters shall be resolved, and each party shall have opportunity to present its case generally on an issue by issue basis, by calling and examining witnesses and introducing documentary evidence. Each party shall have opportunity to cross-examine opposing witnesses on any matter relevant to the issue. Any objection to testimony or evidentiary offers should be made, and the basis of the objection stated. The hearing officer may question any party or any witness for the purpose of clarifying his or her understanding of the issues raised or to otherwise clarify the record.

D. Oral Evidence, Witnesses, and Penalty for False Statements - Any party may request a hearing officer to subpoena witnesses or the hearing officer may do so on his or her own motion. A hearing officer may require the parties in a case to identify the persons they expect to call as witnesses. The testimony of witnesses shall be made under oath or affirmation and the making of false statements may subject a person to criminal prosecution under R.I. Gen. Laws § 11-33-1 et seq.

E. Requests for Subpoena Duces Tecum - Any party may request a hearing officer to issue a subpoena duces tecum or the hearing officer may do so on his or her own motion. Said request shall set forth, in detail, the information sought, the relevance thereof, and the reasonableness of the scope of the subpoena. The party requesting the issuance of said subpoena shall have the burden of showing the relevance and reasonableness of the scope of the subpoena. A subpoena duces tecum may be quashed after its issuance if it is subsequently determined that the matters sought to be adduced are not relevant or the subpoena is not reasonable in scope.

F. Continuances - Any party who desires a continuance shall, immediately upon receipt of notice of a hearing, or as soon thereafter as facts requiring such continuance come to his or her knowledge, notify the Administrator in writing, stating in detail the reasons why such continuance is necessary. The Administrator, in passing upon a request for continuance, shall consider whether such request was promptly and timely made. For good cause shown, the Administrator may grant such a continuance and may at any time order a continuance upon his or her own motion. During a hearing, if it appears in the public interest or in the interest of justice that further testimony or argument should be received, the Administrator may in his or her discretion continue the hearing and assign the date for introduction of additional evidence or presentation of argument. Such oral notice shall constitute final notice of a continued hearing.

G. Pursuant to R.I. Gen. Laws § 31-2-17(a), in the performance of their duties under R.I. Gen. Laws Title 31, the Administrator, any duly authorized assistant, or hearing officer may summon witnesses on behalf of the state and may administer oaths and take testimony.

H. Record of Hearings - In all administrative hearings conducted by personnel of the Division of Motor Vehicles involving the issuance, revocation, or suspension of licenses to operate vehicles or the registration of vehicles, a taped recording of that hearing may be made part of the record. In case of appeal to a court, copies of those tapes in lieu of a transcript shall be made available without charge to the operator or owner, or his or her representative.

1.3.6 Decisions and Orders

A. Any final order adverse to a party in a contested case shall be in writing or stated on the record. Any final order shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If a party, in accordance with agency rules, submitted proposed findings of fact, the order shall include a ruling upon each proposed finding.

B. Parties shall be notified either personally or by mail of any order. Included with the final order shall be a separate notice advising the parties of the availability of judicial review, the appeal period and the procedure for filing an appeal, and providing a reference to the statutory authority. If the agency fails to provide such notice, the time for taking an appeal shall be extended for an additional thirty (30) days beyond the time otherwise authorized by law. Upon request, a copy of any final order stated in the record shall be delivered or mailed forthwith to each party and to his or her attorney of record.

1.3.7 Appeals

A. Any person aggrieved by any order of the Administrator of the Division of Motor Vehicles may appeal the order to the sixth division district court by filing, within ten (10) days from the date of the notice to such person of the issuance of the order appealed from, a petition in the sixth division district court stating the grounds upon which the appeal is taken.

B. Any person aggrieved by any decision, or order, of the Division, made pursuant to the provisions of R.I. Gen. Laws §§ 31-31-1 et seq . through 31-33-1 et seq . may appeal it to the traffic tribunal by filing, within ten (10) days from the date of the notice to the person of the issuance of the decision, or order, appealed from, a petition in that court stating the ground upon which the appeal is taken.

C. The taking of such appeal shall not operate as a stay of the order of the Administrator from which an appeal has been taken. The order of the Administrator shall remain in full force and effect during the pendency of the appeal, unless specifically stayed by the court. At the request of a petitioner, the court shall determine whether or not the filing of the petition shall operate as a stay of the order or act of the Administrator.

D. A party aggrieved by a final order of the court may seek further appellate review pursuant to the procedures set forth in R.I. Gen. Laws § 42-35-15.

280 R.I. Code R. 280-RICR-30-00-1.3

Amended effective 12/3/2018