Rhode Island Code of Regulations
Title 440 - Contractors' Registration and Licensing Board
Chapter 10 - General Administration, Registration, Licensing, and Filing Claims
Subchapter 00 - N/A
Part 1 - General Rules and Regulations for Applications, Registration, Licensing, Claims, Violations, and Administrative Hearings
Section 440-RICR-10-00-1.11 - Pre-hearing Conferences/Alternative Dispute Resolution

Universal Citation: 440 RI Code of Rules 10 00 1.11

Current through September 18, 2024

1.11.1. Pre-Hearing Conferences

A. It is the policy of the Board to encourage the use of prehearing conferences to make more effective use of hearing time.

B. The Director or the Hearing Officer may, with reasonable written notice, require that all Parties attend a prehearing conference and/or attempt alternative dispute resolution to resolve the matter and/or consider the following:

1. The simplification, narrowing, and clarification of the issues;

2. The possibility of obtaining written stipulations, admissions, agreements with respect to the introduction of documents or similar agreements which will avoid unnecessary proof;

3. The identification of witnesses and the limitation of the number of witnesses;

4. The possibility of agreement disposing of all or any of the issues in dispute;

5. The consideration of outstanding motions;

6. The status of settlement negotiations, if any;

7. The use of pre-filed testimony, where appropriate;

8. Any matters of discovery, including limitation of data requests, document requests, or other discovery or resolving disputes as to the scope of discovery;

9. Scheduling of hearings; and

10. Any such other matters as may aid in the final disposition of the proceeding.

1.11.2 Alternative Dispute Resolution

A. It is the policy of the Board to also encourage the use of alternative dispute resolution to resolve a complaint.

B. Mediation

1. Mediation is a means by which a trained impartial third person assists the Parties in reaching a settlement/agreement.

2. The mediator is appointed by the Director and has no decision-making authority. If the mediator is an attorney, the mediator cannot provide legal advice to the parties.

a. No Hearing Officer assigned to the matter shall serve as the mediator.

3. If an agreement/settlement is reached between the parties, the mediator may assist in preparing the written settlement/agreement to be signed by the Parties.

4. Mediation shall be conducted pursuant to the requirements of R.I. Gen. Laws § 9-19-44.

C. Consented to Final Order

1. A consented to Final Order is a settlement/agreement reached between the parties with the assistance of the Hearing Officer. Unlike mediation, the Hearing Officer may actively participate and assist the Parties in reaching the settlement/agreement.

2. The Hearing Officer is appointed by the Director. The Hearing Officer cannot provide legal advice to the Parties.

3. If an agreement/settlement is reached between the parties, the Hearing Officer shall prepare a Consented to Final Order, which shall be reduced to writing and signed by the Parties and the Hearing Officer.

1.11.3 Pre-Hearing/Alternative Dispute Resolution Procedures

A. All Parties shall attend the prehearing conference and/or alternative dispute resolution fully prepared to discuss all matters related to the proceedings. Failure of any Party to attend the prehearing conference and/or alternative dispute resolution may constitute a waiver of all objections to any order or ruling issued as a result of the prehearing conference and/or alternative dispute resolution unless good cause is shown.

B. At the sole discretion of the Hearing Officer, the Parties may be permitted to waive the prehearing conference and/or alternative dispute resolution by filing with the Hearing Officer a stipulation prior to the prehearing conference and/or alternative dispute resolution that contains the following:

1. Agreement to the issues in the matter,

2. An agreed to discovery schedule,

3. Three (3) agreed to possible dates for a hearing, and

4. Any other agreements as to matters contained in §1.11.1(B) of this Part.

C. In the discretion of the Hearing Officer, with agreement of the parties, prehearing conferences, conference hearings, alternative dispute resolution, or status hearings may be held by telephone, electronically, or by any other means.

1.11.4 Administrative Hearings Based on Contested Cases

A. If the Parties cannot reach an agreement with the assistance of the Hearing Officer, with the consent of both Parties, the Parties may request that the Hearing Officer decide the issues by conducting an administrative hearing in accordance with § 1.14 of this Part.

B. Upon conclusion of the administrative hearing, the Hearing Officer will issue a Final Order.

C. A Final Order issued pursuant to this subsection may be appealed in accordance with § 1.13.2 of this Part.

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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