(a)  In any contested case, all parties shall be afforded an opportunity for a hearing after reasonable notice.

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Terms Used In Rhode Island General Laws 42-35-9

  • agency: means a state agency, authority, board, bureau, commission, department, district, division, institution, office, officer, quasi-public agency, or other political subdivisions created by the general assembly or the governor, other than the legislature or the judiciary, that is authorized by law of this state to make rules or to determine contested cases. See Rhode Island General Laws 42-35-1
  • Contested case: means a proceeding, including but not restricted to, ratemaking, price fixing, and licensing, in which the legal rights, duties, or privileges of a specific party are required by law to be determined by an agency after an opportunity for hearing. See Rhode Island General Laws 42-35-1
  • 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Order: means the whole or a part of a final disposition, whether affirmative, negative, injunctive, or declaratory in form, of a contested case. See Rhode Island General Laws 42-35-1
  • Party: means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party. See Rhode Island General Laws 42-35-1
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Rhode Island General Laws 42-35-1
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

(b)  The notice shall include:

(1)  A statement of the time, place, and nature of the hearing;

(2)  A statement of the legal authority and jurisdiction under which the hearing is to be held;

(3)  A reference to the particular sections of the statutes and rules involved;

(4)  A short and plain statement of the matters inserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved and detailed statement shall be furnished.

(c)  Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved.

(d)  Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.

(e)  The record in a contested case 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 officer presiding at the hearing;

(7)  All staff memoranda or data submitted to the hearing officer or members of the agency in connection with their consideration of the case.

(f)  Oral proceedings or any part thereof conducted under the provisions of this chapter shall be transcribed on request by any party. Stenotypists occupying positions within the state service as hearing reporters for any state agency, who report stenographically the proceedings in administrative hearings and the taking of depositions in their capacity as reporters for a state agency, shall be paid at the rate established by § 8-5-5 from the requesting party; provided, however, the state agency shall not be required to compensate the stenotypists for the transcript.

(g)  Findings of fact shall be based exclusively on the evidence and matters officially noticed.

History of Section.
G.L. 1956, § 42-35-9; P.L. 1962, ch. 112, § 1; P.L. 1979, ch. 370, § 1; P.L. 1981, ch. 424, § 1.