Rhode Island Code of Regulations
Title 230 - Department of Business Regulation
Chapter 10 - Central Operations
Subchapter 00 - N/A
Part 2 - Rules of Procedure for Administrative Hearings
Section 230-RICR-10-00-2.22 - Disqualification; Incapacity of Presiding Officer

Universal Citation: 230 RI Code of Rules 10 00 2.22

Current through September 18, 2024

A. Disqualification. Any Party may make a motion to the Director requesting that they disqualify or remove the Presiding Officer from the proceeding. The motion shall be accompanied by an affidavit setting forth the reasons for the disqualification. If the motion to disqualify is granted, the Director shall assign another Presiding Officer to the matter.

B. Incapacity. When the Presiding Officer becomes incapacitated or unavailable to complete a hearing and/or render a decision, the hearing shall be conducted and/or the decision shall be rendered by a substitute Presiding Officer appointed by the Director. If any party objects to the substitution, that party must prove prejudice by presentation of argument and evidence to the substitute Presiding Officer. If the substitute Presiding Officer finds that the objecting party will be prejudiced, the substitute Presiding Officer will issue an Order making such findings and will hear the matter de novo.

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