Rhode Island Code of Regulations
Title 815 - Division of Public Utilities and Carriers
Chapter 50 - Common Carriers
Subchapter 05 - Motor Carriers of Property
Part 1 - Transportation Provided by Motor Carriers of Property (815-RICR-50-05-1)
Section 815-RICR-50-05-1.4 - Hearings - Procedures

A. Applications filed for the purpose of securing an interstate carrier permit will not be subject to a formal hearing.

B. Any individual may appear before the Administrator in his own behalf. A party may be represented by an attorney or by a registered "practitioner" before the Interstate Commerce Commission.

C. A protest filed with the Administrator, against the granting of an application, shall set forth specifically the ground or grounds upon which it is made and shall contain a concise statement of the interest the protesting party has in the proceeding. A protest shall be filed in writing within seven (7) days after notice of the filing has been given to the public by legal notice in the Providence Journal. A copy of any protest filed with the Administrator under this rule shall be served simultaneously upon the applicant.

D. Protestants who have satisfied the requirement set forth in paragraph § 1.4(C) of this Part shall be treated as intervenors and accorded all the rights appropriate thereto.

E. Protestants who are represented by legal counsel shall file with the Administrator, at least three days prior to the scheduled hearings, pre-filed direct testimony, in question and answer form. which shall be proffered by the protestant or protestants at the time of hearing, in lieu of traditional oral direct examination. A copy of this pre-filed direct testimony shall also be served upon the applicant, by certified mail, simultaneously. This requirement may be waived at the discretion of the hearing officer.

F. Protestants filing pre-filed direct testimony shall make available at the time of hearing, the witnesses whose testimony has been pre-filed in order that the applicant and/or the Division will have an opportunity to cross-examine these witnesses. Subsequent to cross-examination, a protestant may elicit rebuttal testimony from the witness through direct oral examination.

G. A member of the general public wishing to be heard at Division hearings, shall be allowed to voice their opinions on the record. These witnesses shall be limited to five minutes of testimony, or more, at the discretion of the hearing officer.