Rules of Procedure for Administrative Hearings

230-RICR-10-00-2 ACTIVE RULE

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2.4 Department Investigations

2.5Notice of Contested Case

2.6Prehearing Conferences


2.8Filing of Pleadings and Other Documents


2.10 Time





2.15Conduct of Hearings



2.18Publication of License Suspensions and Revocations


2.20Judicial Review


2.22Disqualification; Incapacity of Presiding Officer


2.24Protective Orders

2.25Equal Access to Justice for Small Businesses

2.26 Application Review for Individuals Convicted of a Crime


Title 230 Department of Business Regulation (includes the Office of the Health Insurance Commissioner)
Chapter 10 Central Operations
Subchapter 00 N/A
Part 2 Rules of Procedure for Administrative Hearings
Type of Filing Amendment
Regulation Status Active
Effective 03/22/2023

Regulation Authority:

R.I. Gen. Laws § 42-92-4
R.I. Gen. Laws § 42-14-17

Purpose and Reason:

This regulation sets forth the Departments Rules of Procedures for Administrative Hearings. These proposed amendments update out-of-date content, streamline and simplify procedures. Here is a summary of the non-technical, substantive amendments: 
§ 2.1 – Insert pinpoint citations for regulatory authority. 
§ 2.3 – Add definitions for “APA” and “Writing”. Add the term “Presiding Officer” to the definition of “Hearing Officer” and update the regulation throughout by replacing “hearing officer” with “presiding officer.” Delete definitions for terms that are not used in the regulation.
§ 2.4 – Simplify this section to focus on Department Investigations. The receipt of complaints is generally governed by each subject matter area under the Department’s jurisdiction. 
§ 2.5 – Update section to match existing practice and clarify procedures. The process for complaint hearings has been consolidated into one contested hearing process.
§ 2.6 – Clarify that pre-hearing conferences, status conferences and hearings may be held remotely in the discretion of the presiding officer. 
§ 2.8 – Modernize requirements for pleadings and other documents to reflect the use of electronic documents and email. 
§ 2.9 – Make distinction between service of the Notice and other pleadings. Modernize requirements to allow for electronic service upon attorneys consistent with RI Court practices. 
§ 2.10 – Add clarifying language for extensions and continuances. 
§ 2.12 – Simplify discovery provisions by referring to any discovery allowed under the Superior Court Rules of Civil Procedure. 
§ 2.14(D) – Clarify that no ex parte consultations are allowed between the presiding officer and Department Employees, Agents, and Consultants. 
§ 2.15(E) – Clarify existing provisions. Update to reflect modern recording technology. 
§ 2.15(F) – Clarify that hearings can be held through remote means as approved by the Presiding Officer. 
§ 2.15(I) – Simplify settlements by only doing consent agreements. 
§ 2.15(K) – Clarify that the Department has the discretion to hold hearings or any component of a hearing by remote access.
§ 2.18 – Streamline and clarify that decisions and consent agreements are public records. 
§ 2.23 – Update for clarity, simplify language, delete paragraph E which is no longer applicable with the ending of complaint hearings. Paragraph F was deleted because it is unnecessary to state that statutes supersede regulations. Paragraph G was deleted because public records are covered by APRA. 
§ 2.24 (original numbering) – Delete the separate provision regarding consent orders because they have been consolidated with Consent Agreements in § 2.15(J). Consent Agreements. The only difference between a Consent Agreement and Consent Order was the number of Departmental signatures required. There are no substantive differences to the settlement process for parties. 
§ 2.25 (original numbering) – Delete the provisions regarding complaint hearing settlements because complaint hearings have been consolidated into the contested hearing process.
§ 2.24 (new numbering, previously 2.26) – This section previously combined APRA and Motions for Protective Orders. They are two separate things. The APRA provisions were deleted because APRA is a separate chapter of state law that applies to the Department and does not need to be restated in this regulation. The protective order provision was streamlined to refer to § 2.11 on motions. Thus, under this regulation protective orders may be requested in accordance with the Superior Court Rules of Civil Procedure. 
§ 2.26 (new numbering) – Add this provision to refer to the 2020 Statutory changes regarding giving licensing applicants with criminal background a fair chance with respect to considering their eligibility for licensure.