Rhode Island Code of Regulations
Title 810 - Public Utilities Commission
Chapter 00 - General Administration
Subchapter 00 - N/A
Part 1 - Rules of Practice and Procedure
Section 810-RICR-00-00-1.28 - Commission Decisions and Orders

Universal Citation: 810 RI Code of Rules 00 00 1.28

Current through September 18, 2024

A. Written Orders; Calculation of Time. The Commission will issue its orders in writing in every proceeding. The Commission may in its discretion make an oral decision at the bench or at an open meeting prior to the issuance of its written order. The timeliness of applications for rehearing and notices of appeal shall be calculated from the date the Commission issues its written order.

B. Adjudications for Equal Access to Justice for Small Businesses and Individuals. Pursuant to R.I. Gen. Laws § 42-92-1 et seq., the Commission shall award reasonable litigation expenses incurred by the prevailing party in connection with certain adjudicatory proceedings, if the Commission concludes that there was no reasonable basis in fact and law for the Division's position. The following conditions must be met:

1. the adjudicatory proceedings must involve loss of benefits, the imposition of a fine, the suspension or revocation of a license or permit, or the compulsion or restriction of activities;

2. the prevailing party must be either:
a. an individual whose net worth is less than $500,000 at the time the adjudication is initiated; or

b. any 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 100 persons at the time the adjudication is initiated;

3. the prevailing party must request reimbursement not later than thirty (30)days following the issuance of the Commission's order, detailing:
a. compliance with §§ 1.28(B)(1) and (2) 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.

c. The Commission shall issue a supplementary order directing the Division to pay reasonable litigation expenses, as limited by R.I. Gen. Laws § 42-92-2(c).

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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