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-10-00-2.25 - Equal Access to Justice for Small Businesses
Universal Citation: 230 RI Code of Rules 10 00 2.25
Current through September 18, 2024
A. Pursuant to R.I. Gen. Laws § 42-92-1 et seq., the Presiding Officer shall award reasonable litigation expenses incurred by the prevailing party in connection with Departmental hearings, if the Presiding Officer finds that all of the following conditions are met:
1. That there was no reasonable basis in fact
or law for the Department's position; and
2. The adjudicatory proceedings involved loss
of benefits, the imposition of a fine, the suspension or revocation of a
license or permit, or which may result in the compulsion or restriction of
activities; and
3. The prevailing
party must be either:
a. An individual whose
net worth is less than five hundred thousand dollars ($500,000) at the time the
adjudication is initiated; or
b. An
individual, partnership, corporation, association. or private organization
doing business and located in the state, which is independently owned and
operated, not dominant in its field, and which employs no more than one hundred
(100) persons at the time the adjudication is initiated; and
4. The prevailing party must
request reimbursement not later than thirty (30) days following the issuance of
the written order, detailing:
a. Compliance
with §§
2.25(A)(1), (2), (3), and (4) of this Part; and
b. The costs incurred in defending against
the unreasonable adjudicatory proceedings, including, but not limited to,
attorney's fees and witness fees.
B. If found to be applicable, the Presiding Officer shall issue a supplementary order directing the Department to pay reasonable litigation expenses, as limited by R.I. Gen. Laws § 42-92-2(6).
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