Rhode Island Code of Regulations
Title 280 - Department of Revenue
Chapter 30 - Division of Motor Vehicles
Subchapter 20 - Dealer Licensing and Registration
Part 1 - Dealers, Manufacturers, and Rental Licenses
Section 280-RICR-30-20-1.20 - Conduct of Hearings
Universal Citation: 280 RI Code of Rules 30 20 1.20
Current through September 18, 2024
A. General: Hearings shall be as informal as may be reasonable and appropriate under the circumstances. All persons at a hearing shall conduct themselves in a manner consistent with the standards of decorum commonly observed in any courtroom. Where such decorum is not observed, the Board may take appropriate action including ejection or adjournment, if necessary.
B. Record of Proceedings:
1. A complete record of the proceedings shall
be recorded on audiotape, digital recorder or similar electronic device or, at
the discretion of the Board, by stenographic record.
2. If a party chooses to appeal a decision to
Superior Court pursuant to R.I. Gen. Laws §
42-35-1 et
seq. or to appeal a decision as otherwise provided by law and the Superior
Court (or another Court) requires a transcript of the hearing and there is only
an electronic recording of the hearing, said Party shall be responsible for
having the transcript prepared by an independent person or company at his, her
or its expense.
C. Public Hearings
1. Except as provided by law, all
hearings are to be open to the public.
D. Close of Proceedings
1. At the conclusion of the evidence, the
Board may, in its discretion, permit the parties to argue orally and/or to
submit written briefs. The Board may, within its discretion, direct that
proposed findings of fact and conclusions of law be submitted by the parties.
The record in the proceeding shall close after oral argument, the deadline for
the filing of the briefs or upon such date as may be set by the Board. No
evidence shall be admitted thereafter, unless otherwise ordered by the Board.
The Board may in any case require either party, with appropriate notice to the
other party, to submit additional evidence in any matter relevant to the
hearing.
E. Dispositions
1. Unless otherwise precluded by law,
disposition may be made of any case at any time by stipulation, consent
agreement, consent settlement, consent order, default or dismissal by the
Board.
F. Consent Agreements and Consent Orders
1. The Board may
enter into a consent agreement with a party(ies) prior to a hearing being held.
Subsequent to a hearing being held, the parties may agree to the terms of a
consent order; provided however, such a consent order must be approved by the
Board to be valid. Both consent agreements and consent orders are considered
public records pursuant to the Access to Public Records Act, R.I. Gen. Laws
§
38-2-1 et
seq.
Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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