Section 490-RICR-00-00-9.6 - Conduct of AppealsA. General. Appeals shall be as informal as may be reasonable and appropriate under the circumstances. All Parties, witnesses and other Persons at an Appeal shall conduct themselves in a manner consistent with the standards of decorum commonly observed in any courtroom. Where such decorum is not observed, the Board may take appropriate action including ejectment or adjournment, if necessary.B. The Board shall conduct all Appeals in the manner prescribed pursuant to this Part, except as is authorized to conduct a Prehearing under § 9.5(D) of this Part. The Board shall conduct Appeals and proceedings pursuant to this Part provided there exists a quorum of the Board. All Appeals and proceedings before the full Board shall be conducted and heard by a quorum of the same Board members who commenced hearing the initial Appeal or proceeding. An Appeal or proceeding is commenced upon the receipt by the Board of substantive evidence, to include but not be limited to exhibits and sworn testimony. The Board shall make all decisions regarding admission or exclusion of evidence or any other procedural matters and shall administer oaths to all witnesses or request that the stenographer do so. The Board may rely upon legal counsel for advice on any matter and/or legal question presented to the Board by the Parties and/or by Board members.C. Order of Proceedings. Except as otherwise required by law, it shall be the usual practice that the Board or the Appellant shall commence the proceedings. Where evidence is peculiarly within the knowledge of one Party, or in matters in which Appeals have been consolidated or where there are multiple Parties, the Board may, in its sole discretion, direct which Party shall open and shall further designate the order of presentation.D. Rights of Parties. Parties shall have the right to present evidence, cross-examine witnesses, object, make motions and present arguments.E. Record of Proceedings.1. A complete record of the proceedings shall be recorded, or in the discretion of the Board, by stenographic record. All Parties shall, upon request, receive a copy of the recorded proceedings. In the event the Board authorizes a stenographic record, the Board shall declare which Party or Parties shall bear the cost thereof. Any Party may on his, her or its own initiative order a stenographic record be taken of the proceedings with the prior permission of the Board. The requesting Party shall incur all costs associated therewith. The Board shall be provided, at no cost, with an original or duplicate copy of the stenographic record. In addition, the Board's legal counsel shall also be provided with a copy of same at no cost.2. If a Party appeals a final Board decision to the Superior Court, pursuant to R.I. Gen. Laws § 42-35-1et seq. and the Superior Court requires a transcript of the hearing, said Party shall be responsible for having the transcript prepared by a recognized independent or Superior Court approved stenographer at their own expense within twenty (20) days of the filing of the appeal.F. Public Meetings. All proceedings before the Board shall be open to the public, except as may otherwise be required by law.G. Close of Proceedings. At the conclusion of the evidence, the Board may, in its discretion, permit the Parties to argue orally and/or to submit written briefs. The Board may, within its sole discretion, direct that proposed findings of fact and conclusions of law be submitted by the Parties. The record in the proceeding shall close after oral argument is completed or upon such date as may be set by the Board. The Board may extend the proceedings for the filing of briefs. No evidence shall be admitted thereafter, unless otherwise ordered by the Board. The Board may in any case require either Party, with appropriate notice to the other Party, to submit additional evidence in any matter relevant to the hearing.H. Waiver of Hearing. In any Appeal, if the Parties agree to waive a hearing with the concurrence of the Board, the Board may dispose of the Appeal solely upon the pleadings and other submissions of the Parties.I. Dispositions. Unless otherwise precluded by law, disposition may be made of any Appeal at any time by stipulation, consent agreement, consent settlement, consent order, default, or dismissal by the Board. A joint request for a stay of the Appeal for the purpose of preparing documents relevant to the above shall be forwarded to the Board and may be granted within the sole discretion of the Board.J. Consent Agreements and Consent Orders. The Board may enter into a consent agreement and/or a consent order with the Parties at any time prior to the conclusion of the Appeal. Every consent order shall contain an admission of all jurisdictional facts and an express waiver of further procedural steps before the Board including but not limited to the right to appeal to the Superior Court. Consent Agreements and Consent Orders are considered public records pursuant to the Access to Public Records Act, R.I. Gen. Laws § 38-2-1et seq. 1. Upon receiving a proposed consent order, the Board may:a. Accept the consent order; orb. Remand the consent order; orc. Deny the consent order and state the reasons therefore in writing and take such other appropriate action as the Board may deem necessary or required.d. If the Board denies or remands the proposed consent order, the Parties may, within seven (7) days of the Board's denial or remand of the proposed consent order, file a motion for reconsideration. The Board shall notify the Parties in writing of its decision on the Parties' motion for reconsideration within twenty (20) days from the filing of same.e. A consent agreement and/or consent order is valid if signed by the Chairperson of the Board, or their designee, after approval of same in accordance with § 9.6(B) of this Part.f. If a consent agreement or consent order is approved at a prehearing in accordance with § 9.5(D) of this Part, the consent agreement and/or consent order becomes final if approved in accordance with § 9.6(B) of this Part.490 R.I. Code R. 490-RICR-00-00-9.6
Adopted effective 1/30/2024