Current through November 7, 2024
Section 465-RICR-10-00-1.4 - Rules of Practice: Appearances of RepresentativesA. Requirements of Entry 1. All person(s) representing any party or appearing pro se in any proceeding before the Board shall file an Entry of Appearance, five (5) business days prior to any proceeding, which shall contain the representative's name, address, telephone and facsimile (fax) numbers, electronic mail (e-mail) address, and cellular phone number. The entry shall also specify the represented party. Entry of Appearance forms may be obtained on the Board's website at www.rislrb.ri.gov.B. Persons Eligible to Enter an Appearance 1. Representatives may be, but are not required to be, attorneys licensed to practice in the State of Rhode Island. Attorneys who are not licensed to practice in the State of Rhode Island may not appear before the Board in a representative capacity, unless he or she has complied with the applicable Rules and Regulations issued by the Rhode Island Supreme Court for practice within the State of Rhode Island. Out-of-State attorneys are advised to contact the Rhode Island Supreme Court, 250 Benefit Street, Providence, Rhode Island 02903, for further information on practicing before the Rhode Island State Labor Relations Board.2. Business managers, staff representatives, Union stewards, or any other member(s) of a labor organization, may represent a Union or an individual complainant in any proceeding before the Board. Likewise, labor consultants, town administrators, managers, personnel managers, or any other member designated by the Employer, shall be permitted to represent any Municipality or the State, in any proceeding before the Board.3. The Entry of Appearance shall serve as the official address of record for each proceeding. All notices, and oral or written communication from the Board, shall be directed only to the person that has entered his or her appearance. Should a change in representation occur, a Withdrawal of Appearance must be submitted prior to the entry of a new representative. If a Withdrawal of Appearance cannot be produced, an explanation by Affidavit must be submitted. Said submission must be electronically filed (e-filed) in accordance with § 1.5(B)(3) of this Part. Withdrawal of Appearance forms may be obtained on the Board's website at www.rislrb.ri.gov.C. Practice Before the Board; Limited 1. Any person who, at any time, has been employed by the Board, shall not be permitted to appear as attorney or representative for any person (firm, corporation, or organization) until the expiration of one (1) year from the termination of his or her employment with the Board, nor shall he or she, at any time, be permitted to appear in any case, which was pending before the Board during the period of his or her employment with the Board.D. Motion for Excusal from Appearance Before the Board1. All representatives of record shall file a Motion to be excused from every matter assigned before said Board, as applicable. Said Motion for Excusal shall list all cases by name and case number in which the requester has entered an appearance; and a copy of the request shall be certified to all other parties of record.2. The Motion to be excused from appearance before the Board shall also contain a statement, if applicable, to the effect that none of the matters listed hereto have been assigned for hearing or any other proceeding for the requested excusal dates.3. If a matter is assigned before this Board during the requested period for excusal, and the party does not request a postponement of said matter, a substitute representative must be noted in said Motion.4. A postponement of any matter, as a result of a Motion for Excusal, shall be requested in accordance with § 1.8(L) of this Part.5. If the matters listed in the Motion for Excusal are not scheduled for any hearing or action, the Board's Administrator shall grant the party's request in writing.E.Ex parte Consultations or Communications 1. Unless required for the disposition of ex parte matters authorized by law, Board members shall not, directly or indirectly, in connection with any issue of fact or law, communicate with any person or party, or his or her representative, except upon notice and opportunity for all parties to participate.2. No Board member shall, directly or indirectly, in connection with any matter pending before this Board, communicate with any other members of the Board, except for the Board's legal counsel, the Administrator or its Agent of the Board, without notice and opportunity for all parties to participate.F. Filing Deadlines 1. The Board shall follow the practice of the Superior Court Rules of Civil Procedure for filing deadlines. Therefore, where a filing deadline falls on a Saturday, Sunday, or legal holiday, as recognized for Rhode Island State Employees, the filing deadline shall be extended to the next earliest business day.465 R.I. Code R. 465-RICR-10-00-1.4
Amended effective 2/1/2021