§ 42-35-9 - Contested cases – Notice – Hearing – Records. - Rhode Island Statutes

SECTION 42-35-9

   § 42-35-9  Contested cases – Notice– Hearing – Records. – (a) In any contested case, all parties shall be afforded an opportunity for ahearing after reasonable notice.

   (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 underwhich the hearing is to be held;

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

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

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

   (d) Unless precluded by law, informal disposition may be madeof any contested case by stipulation, agreed settlement, consent order, ordefault.

   (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 presidingat the hearing;

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

   (f) Oral proceedings or any part thereof conducted under theprovisions of this chapter shall be transcribed on request by any party.Stenotypists occupying positions within the state service as hearing reportersfor any state agency, who report stenographically the proceedings inadministrative hearings and the taking of depositions in their capacity asreporters 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 notbe required to compensate the stenotypists for the transcript.

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