Section 490-RICR-00-00-9.12 - Public InformationA. Access to public records shall be governed in accordance with R.I. Gen. Laws § 38-2-1et seq. All hearings and appeals are conducted pursuant to the Administrative Procedures Act, R.I. Gen. Laws § 42-35-1et seq. Except where the Board directs otherwise, or when the documents in question are governed by R.I. Gen. Laws § 27-13.1-5(f), upon the opening of a prehearing conference all pleadings, orders, communications, exhibits, and other documents filed with the Board shall become public records. Any claim of privilege shall be governed by the policy underlying the Access to Public Records Act, with the burden of proof resting on the Party claiming the privilege.B. Any Party may request a preliminary finding that some or all of the information is not a public document under the Access to Public Records Act. A preliminary finding that some documents are privileged shall not preclude the Board from later determining that those documents are public in accordance with R.I. Gen. Laws § 38-2-1et seq.C. Claims of privilege shall be made by filing a written request with the Board. One copy of the original documents, boldly indicating on the front page, "Contains Privileged Information - Do Not Release," shall be filed specifically identifying the information for which the privilege is sought, along with a description of the grounds upon which the Party is claiming a privilege. If a document is filed electronically, it shall contain a statement that the information has been redacted; however, the original document must be filed as delineated above.D. The Board shall retain the documents for which privilege is asserted to exist in a secure, non-public file until a determination is made as to whether to grant the request for privileged treatment.E. Any person, whether or not a Party to the Appeal, may apply to the Board for release of the information, pursuant to R.I. Gen. Laws § 38-2-1et seq., the Access to Public Records Act. Such requests shall be governed by R.I. Gen. Laws § 38-2-1et seq. and any regulations thereunder.490 R.I. Code R. 490-RICR-00-00-9.12
Adopted effective 1/30/2024