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-10-00-1.22 - Equal Access to Justice for Small Business
Universal Citation: 440 RI Code of Rules 10 00 1.22
Current through September 18, 2024
A. Pursuant to R.I. Gen. Laws § 42-92-1 et seq., the Hearing Officer shall award reasonable litigation expenses incurred by the prevailing party in connection with Board hearings, if the Hearing Officer finds that all of the following conditions are met:
1. That there was no
reasonable basis in fact or law for the Board's position;
and
2. The adjudicatory
proceedings involved loss of benefits, the imposition of a fine, the
suspension or revocation of a registration, 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.
B. A request for an award must be in writing and sufficiently set forth:
1. Compliance with §
1.22(A)(1), (2),
(3), and (4) of this Part;
and
2. The costs incurred
in defending against the unreasonable adjudicatory proceedings,
including, but not limited to, attorney's fees and witness
fees.
C. If found to be applicable, the Hearing Officer shall issue a supplementary order directing the Board to pay reasonable litigation expenses, as limited by R.I. Gen. Laws § 42-92-2(6).
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