Section 465-RICR-10-00-1.23 - Issuance of Unfair Labor Practice Complaint by BoardA. Investigative Report Not Part of Complaint 1. The report of the Board's Administrator or its Agent shall not be deemed or considered as part of the Complaint, or a part of the public record as defined in § 3.4 of this Subchapter.B. Complaint and Notice of Hearing; Other Disposition of Charge1. After a Charge has been filed, the Board may issue, and cause to be served upon the parties to the proceeding, a Complaint in the name of the Board, containing a concise statement as to the alleged violations of the Act, together with a notice of hearing, at a date, time, location, and manner therein fixed, not less than five (5) business days after the service of the Complaint; provided, however, that the parties to the proceedings may waive the five (5) business days' notice by stipulating thereto in writing. The Board's Administrator or its Agent, is hereby authorized and empowered to sign and disburse all Complaints authorized to be issued by the Board.2. After the Board, in its discretion, and after the designated informal hearing process thereon, may determine that no Complaint shall be issued on a Charge filed with it, the Board shall administratively dismiss the Charge by issuing a letter of dismissal to both the charging party and the respondent.C. Service and Filing of Answer 1. The respondent against whom the Complaint is issued shall have the right to file an Answer within five (5) business days from the service of the Complaint. Such Answer shall be in writing; the original being signed by the respondent or his or her representative. The respondent or his or her representative shall file, with the Board, an original, signed in blue ink, in accordance with § 1.5 of this Part, the Answer to the Complaint and copies, thereof, for each party to the proceeding. The respondent shall be required to certify a copy of said Answer to each party of the proceeding, with a copy (Cc) to the Board's Administrator and must certify the same therein.D. Extension of Time to File Answer 1. The Board may extend the time within, which the Answer shall be filed, upon request or Motion of the respondent.E. Failure to File Answer1. Upon failure of the respondent to file an Answer within the time period provided in § 1.23(C) of this Part, the Board may proceed to hold a formal hearing at a date, time, location, and manner specified in the notice of hearing, and may make its findings of fact and enter its order upon the testimony so taken. The respondent, however, in the event of such failure, shall have the right to appear at such hearing, and cross-examine all witnesses, but shall not have the right to interpose or seek to establish any affirmative defense without permission of the Board.F. Denial of Complaint 1. In its Answer, the respondent shall specifically deny or explain each of the allegations contained in the Complaint, unless the respondent is without knowledge, in which case the respondent shall so state, such statement operating as a denial. Such Answer shall contain a concise statement of the facts that constitute the grounds of defense. Any allegations in the Complaint not specifically denied in the Answer, unless the respondent shall state in the Answer that the respondent is without knowledge, shall be deemed admitted being true and may be so found by the Board.G. Defense and New Matter1. Any allegation of new matter contained in the Answer is to be deemed denied without the necessity of a reply.H. Amendment of Complaint1. In the discretion of the Board, the Board's Administrator or its Agent may amend the Complaint upon due notice to all parties, at any time before the issuance of the final Decision and Order. Where a Charge has been amended in accordance with § 1.22(D) of this Part, the Board may amend the Complaint. Such amendment(s) to the Complaint may be made on notice to all parties in accordance with this section, upon such terms as may be deemed just and proper, at any time prior to the issuance of a final Decision and Order based thereon.I. Amendment of Answer by Motion 1. After the Answer is filed, the Answer may be amended upon Motion of the party filing it, upon due notice to all parties, and upon such terms as may be deemed just and proper. Such amendment(s) of the Answer may be permitted at any time prior to the issuance of a final order based upon the Complaint.J. Amendment of Answer by Right 1. In any case where a Complaint has been amended, the respondent shall have an opportunity to amend his or her Answer, within such period as may be fixed by the Board, after it permits an amendment to the Complaint.K. Withdrawal of Complaint1. Any such Complaint or amended Complaint, or any part thereof, may be withdrawn by the Board, on its own Motion, or on Motion of the Board's Administrator or its Agent, at any time before the issuance of a final Decision and Order, upon notice to all parties to the proceeding.L. Complaints Held in Abeyance 1. Once a Complaint has been issued, the matter will be placed on the formal hearing calendar. The Board will only hold a Complaint in abeyance, upon request by the charging party. Status letters will be sent to the charging party, with a copy sent to the responding party, every sixty (60) days, requesting an update. Failure to respond to any request for a status update may result in the Charge and Complaint being dismissed.465 R.I. Code R. 465-RICR-10-00-1.23
Amended effective 2/1/2021