810 R.I. Code R. 810-RICR-10-00-1.14

Current through November 7, 2024

Section 810-RICR-10-00-1.14 - Hearing

A. Any party aggrieved by the decision of a reviewing officer after informal review shall have a right to an evidentiary hearing before a hearing officer designated by the Administrator of the Division of Public Utilities and Carriers to conduct hearings under this section. The hearing officer conducting the hearing shall not have been involved in the informal review or in any other proceeding relating to the current dispute. A request for an evidentiary hearing must be made within ten (10) days of receipt of a decision resulting from informal review. Where a request is made within ten (10) days from the date of mailing the notice of decision after informal review, any termination permitted by the decision and order of the reviewing officer shall be suspended pending the decision and order of a hearing officer under this section. A request for a hearing may be made in any reasonable manner such as by written notice or telephoned request directed to the Division of the Division of Public Utilities and Carriers or its personnel. Upon receipt of a request for an evidentiary hearing, the Administrator shall:

1. Schedule an evidentiary hearing to be held within thirty (30) days or within fourteen (14) days when restoration of services is the subject of the dispute, and

2. Notify all parties and their counsel of the hearing.

B. Hearing Procedure. As part of an evidentiary hearing, the parties shall have the following rights:

1. the right to appear in person and to retain, and be represented by, legal counsel or another person in accordance with Rhode Island state law.

2. the right to present evidence, both oral and documentary,

3. the right to present both oral and written argument,

4. the right to confront and cross-examine witnesses,

5. the right to have witnesses and documents subpoenaed pursuant to Rhode Island General Laws Sections 39-1-13 and 39-1-15,

6. the right to examine a list of all witnesses who will testify for the adverse party and all documents, records, files, account data, and similar material which may be relevant to the issues to be raised at the hearing at least ten (10) days prior to a scheduled hearing, and

7. the right to a record of the hearing proceedings.

C. Notice of Decision

1. A written notice of decision after evidentiary hearing shall be sent to the parties and their counsel. This notice shall be given by first class mail at least ten (10) days prior to any termination permitted after evidentiary hearing.

2. The notice of decision shall:

a. set forth all findings of fact and law,

b. set forth the decision and order which shall include any termination date,

c. set forth the reasons for the decision and order, and

d. set forth the right to judicial review by any party aggrieved by the decision and order.

3. The decision and order after evidentiary hearing shall govern the terms and conditions of continuation, termination or restoration of utility service.

810 R.I. Code R. 810-RICR-10-00-1.14