490 R.I. Code R. 490-RICR-00-00-9.5

Current through December 26, 2024

Section 490-RICR-00-00-9.5 - Procedures

A. Notice. In any Appeal, all Parties shall be afforded an opportunity for a hearing after reasonable notice.

B. Contents of Notice: The Notice shall comply with R.I. Gen. Laws § 42-35-9(b) and shall include:

1. A statement of the time, place, and nature of the Appeal;

2. A statement of the legal authority and jurisdiction under which the Appeal is filed;

3. A reference to the particular section(s) of the applicable statutes and rules;

4. A short and plain statement of the nature of the Appeal. If the Supplier or aggrieved Party is unable to state the nature of the Appeal in detail at the time the notice is served, the initial notice may be limited to a statement of the relevant issues involved. A more detailed statement of the nature of the Appeal shall then be filed with the Board no later than thirty (30) days from the date the notice is served.

C. Opportunity shall be afforded all Parties to respond and present evidence and argument on all issues deemed relevant by the Board.

D. Prehearing. If deemed necessary and relevant by the Board, and/or requested by one (1) or more of the Parties, a Prehearing may be conducted by one (1) or three (3) Board members or a staff member duly appointed by the full Board. At the Prehearing, the Prehearing board shall be represented by legal counsel. If a Prehearing is conducted, once same is commenced, the Prehearing must be conducted and heard by a majority of the members present at the commencement of the Prehearing. The results of same and/or any proposed resolution of the Appeal must be brought before the full Board for adoption and/or approval. If the Parties request a Prehearing, said request must be in writing and approved by the full Board.

E. Within thirty (30) days after the filing of the Appeal, or within additional time as may be permitted by the Board, the Supplier shall transmit to the Board the original or a certified copy of the entire record of the proceedings heard by the Supplier. By written stipulation of all Parties, and with written consent of the Board, the record of the Supplier proceedings on appeal to and under review by the Board, may be truncated and/or condensed. The Board may, in its sole discretion direct the Parties to provide a truncated and/or condensed record of the proceedings before the Supplier. The Board may require or permit subsequent corrections or additions to the record.

F. The record in an Appeal shall include:

1. All pleadings, motions, intermediate rulings;

2. Evidence received or considered;

3. A statement of matters officially noticed;

4. Questions and offers of proof and rulings thereon;

5. Proposed findings and exceptions;

6. Any decision, opinion, or report by the Board member(s) presiding;

7. All memoranda or data submitted to the Board in connection with its' consideration of the case

8. Oral proceedings or any part thereof conducted under the provisions of this Part shall be recorded and may be transcribed pursuant to § 9.6(E)(1) of this Part. Stenographic services provided by state employees shall be subject to the requirements of R.I. Gen. Laws § 42-35-9(f).

9. Findings of fact shall be based exclusively on the evidence, applicable law, and matters officially noticed by the Board.

490 R.I. Code R. 490-RICR-00-00-9.5

Adopted effective 1/30/2024