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-00-00-1.29 - Relief from Order

Universal Citation: 810 RI Code of Rules 00 00 1.29

Current through September 18, 2024

A. Clerical Mistakes. Clerical mistakes in orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the Commission at any time on its own initiative, or on motion of any party and after such notice as the Commission orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed in the Supreme Court and thereafter while the appeal is pending may be corrected with leave of the Supreme Court.

B. Mistake, Inadvertence, Excusable Neglect, Newly Discovered Evidence, Fraud, Other. On motion and upon such terms as are just, the Commission may grant relief for the following reasons:

1. Mistake, inadvertence, surprise, or excusable neglect;

2. Newly discovered evidence, which by due diligence could not have been discovered in time to move to reopen the proceedings under Rule 1.27 of this Part;

3. Fraud, misrepresentation, or other misconduct of an adverse party;

4. The order is void;

5. A prior order on which the order is based has been reversed or otherwise vacated, or it is no longer equitable that the order should have prospective application; or

6. Any other reason justifying relief from the operation of the order.

C. During the pendency of an appeal, relief may be granted before the appeal is docketed in the Supreme Court and thereafter while the appeal is pending may be granted with leave of the Supreme Court.

D. Time. A motion shall be made within a reasonable time not more than one (1) year after the order is entered. A motion under § 1.29(B) of this Part does not affect the finality of an order or suspend its operation. This rule does not limit the power of the Commission to entertain an independent action to relieve a party from an order or to set aside an order for fraud upon the Commission.

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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