(a)  Prior to the commencement of any hearing, the hearing officer may in his or her discretion direct the parties or their attorneys to appear before him or her for such conferences as shall be necessary. At such conferences the hearing officer may order any party to file, prior to the commencement of any formal hearing, any exhibits the party intends to use in the hearing and the names and addresses of witnesses the party intends to produce in its direct case together with a short statement of the testimony of each witness. Following entry of such an order, a party shall not be permitted, except in the discretion of the hearing officer, to introduce into evidence in said party’s direct case exhibits which are not filed in accordance with the order. At such conference, the hearing officer may designate a date before which he or she requires any party to specify what issues are conceded and further proof of conceded issues shall not be required. The hearing officer shall also require the parties to simplify the issues, to consider admissions of fact and of documents which will avoid unnecessary proof and to limit the number of expert witnesses. The hearing officer shall enter an order reciting the concessions and agreements made by the parties, and shall enter an order on such other matters as are pertinent to the conduct of the hearing, and, unless modified, the hearing shall be conducted by the order.

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Terms Used In Rhode Island General Laws 42-17.7-5

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(b)  The hearing officer may also order the parties to file prior to the commencement of any hearing the testimony of any or all of their respective witnesses and to submit such testimony to the hearing officer and the opposing party or the opposing counsel by such date as the hearing officer shall determine. The witness shall testify under oath, and all of such testimony shall be in a question and answer format. Save for good cause shown, said testimony shall be the direct examination of said witness; provided, however, that said witness shall be available at the hearing for cross-examination by the opposing party or opposing counsel.

(c)  The director with the assistance of the chief hearing officer shall promulgate by regulation such other pre-hearing procedures and/or hearing procedures as deemed necessary including the use of portions of the superior court civil rules of discovery where they are not inconsistent with the applicable provisions of the Administrative Procedures Act, chapter 35 of this title.

History of Section.
P.L. 1989, ch. 508, § 1.