Rhode Island Code of Regulations
Title 410 - Board of Elections
Chapter 20 - Elections
Subchapter 00 - N/A
Part 3 - Administrative Complaint Procedure (410-RICR-20-00-3)
Section 410-RICR-20-00-3.7 - Hearings

1. The hearing shall be tape recorded and/or transcribed, and the tape and/or transcript shall constitute the official record of the hearing.

2. Written notice of the hearing shall be given to all parties setting forth the date, time, and place of the hearing, and notice shall be sent to the mailing addresses set out in the complaint. When it is deemed reasonable by the executive director of the Board, said hearing shall be conducted within five (5) days from the date of filing the complaint with the Board.

3. At the hearing, each party shall be given an opportunity to explain their positions and present evidence to support their position. At the sole discretion of the Board or presiding officer, this presentation may include documents, witnesses, oral argument, and tangible things relevant to the determination of the complaint. Any cross-examination shall be at the sole discretion of the Board or presiding officer. However, a person may testify or present evidence to contradict any other testimony or evidence. The record of the hearing shall consist of the written complaint, the written response(s), the tape and/or transcription of the hearing, and any documents/exhibits introduced at the hearing.

4. A complainant, any respondent, or other person who testifies or presents evidence at the hearing may, but need not, be represented by an attorney.

5. If the hearing is on consolidated complaints, then the complainants may be allowed or required to designate a single representative party to advocate for the consolidated class at the hearing.

6. If the Board or presiding officer permits witnesses to testify, then they must be sworn in prior to their testimony being given.

7. If a complainant fails to appear at the hearing, then the complaint may be dismissed with prejudice.