§ 39-12-5. Administration of chapter — Investigations — Hearings.
(a) For the effective administration of this chapter as may relate to the supervision and regulation of motor carriers of property over the highways of this state in intrastate or interstate commerce, the administrator shall designate examiners, investigators, field investigators, hearing officers, regulatory inspectors, and other employees to enforce and carry into effect the provisions of this chapter; to make investigations; and to conduct hearings on any matter arising under this chapter. In conducting an investigation and/or hearing, the person so designated by the administrator shall be vested with all powers conferred on the administrator by this chapter; and upon completion of the investigation and/or hearing, the party hearing or investigating shall decide the matter at issue in hearing or under investigation and shall file his or her decision and findings in writing with the administrator, and his or her decision or finding when signed by the administrator shall be deemed the decision and order of the administrator.
(b) The administrator, or his or her duly authorized examiners, investigators, officers, or regulatory inspectors, shall have authority to examine all equipment of motor carriers and lessors and shall have authority to inspect, examine, and copy all accounts, books, records, memoranda, correspondence, and other documents of motor carriers and/or lessors, and documents, accounts, books, records, correspondence, and memoranda of any person controlling, controlled by, or under common control of any carrier, as the administrator shall deem relevant to the person’s relation to or transaction with the carrier. Motor carriers, lessors, or persons shall submit their accounts, books, records, memoranda, correspondence, or other documents, relating to motor carrier activities only, for the inspection and copying authorized by this section, and motor carriers and lessors shall submit their equipment for examination and inspection, to any duly authorized examiner, investigator, or regulatory inspector upon demand and the display of proper credentials. The administrator shall have the power to administer oaths; summon and examine witnesses; and order the production and examination of books, accounts, records, memoranda, correspondence, and other documents in any proceeding within the jurisdiction of the administrator. All subpoenas and orders for the production of books, accounts, papers, records, and documents shall be signed and issued by the administrator and served as subpoenas in civil cases in the superior court are now served, and witnesses so subpoenaed shall be entitled to the same fees for attendance and travel as are now provided for witnesses in civil cases in the superior court.
(c) If the person subpoenaed to attend before the division fails to obey the command of the subpoena without reasonable cause, or if a person in attendance before the administrator shall, without reasonable cause, refuse to be sworn, or to be examined, or to answer a legal or pertinent question, or if any person shall refuse to produce books, accounts, records, memoranda, correspondence, or other documents material to the issue, set forth in an order duly served on him or her, the administrator or his or her agent thereof may apply to any justice of the superior court of any county, upon proof by affidavit of the fact, for a rule or order returnable in not less than two (2) or more than five (5) days, directing the person to show cause before the justice who made the order or any justice of the superior court why he or she should not be adjudged for contempt. Upon return of the order, the justice before whom the matter is brought for a hearing shall examine under oath the person, and the person shall be given an opportunity to be heard, and if the justice shall determine that the person has refused without reasonable cause or legal excuse to be examined or to answer a legal question and a pertinent question, or to produce books, accounts, records, memoranda, correspondence, or other documents material to the issue that he or she was ordered to bring or produce, the justice may immediately commit the offender to jail, there to remain until he or she submits to do the act for which he or she was required to do, or is discharged according to law.
History of Section.P.L. 1958, ch. 87, § 1; P.L. 1967, ch. 209, § 2.
Structure Rhode Island General Laws
Title 39 - Public Utilities and Carriers
Chapter 39-12 - Motor Carriers of Property
Section 39-12-1. - Declaration of policy.
Section 39-12-2. - Definitions.
Section 39-12-3. - Exemption from regulations.
Section 39-12-4. - General powers and duties of the administrator.
Section 39-12-5. - Administration of chapter — Investigations — Hearings.
Section 39-12-7. - Issuance of certificate to common carrier.
Section 39-12-8. - Declaration of public interest in contract carriers.
Section 39-12-9. - Permit requirement for contract carriers — Application.
Section 39-12-10. - Issuance of permit to contract carrier.
Section 39-12-11. - Publication of tariffs of common carriers.
Section 39-12-13. - Alteration of common carrier rates by the administrator.
Section 39-12-14. - Factors governing determination of just and reasonable rates — Burden of proof.
Section 39-12-15. - Filing of contracts by contract carriers — Form of contract.
Section 39-12-17. - Determination as to basis of contract rate.
Section 39-12-18. - Revocation of common carrier certificate.
Section 39-12-19. - Revocation of contract carrier permit.
Section 39-12-20. - Transfer of certificates or permits — Joint control of common carriers.
Section 39-12-21. - Dual operations.
Section 39-12-21.1. - Filing of contracts.
Section 39-12-22. - Issuance of a permit to interstate carriers.
Section 39-12-23. - Transfer of interstate carrier permit.
Section 39-12-24. - [Repealed.]
Section 39-12-25. - Operation by fiduciary.
Section 39-12-26. - Registration and identification of vehicles.
Section 39-12-27. - Security for protection of the public.
Section 39-12-27.1. - Advertisements by transporters of household goods.
Section 39-12-28. - Bill of lading requirements — Liability for damages.
Section 39-12-29. - Agent for service of process, notices, or orders on interstate carriers.
Section 39-12-30. - Accounts, records, and reports.
Section 39-12-31. - Employment of personnel.
Section 39-12-32. - Enforcement powers of inspectors.
Section 39-12-33. - Enforcement by police departments.
Section 39-12-34. - Self-incrimination — Immunity from prosecution.
Section 39-12-36. - Unlawful operations — Penalty.
Section 39-12-37. - Rebate, concession, discrimination, or fraudulent evasion of regulation.
Section 39-12-38. - Unauthorized divulging of information by administrator’s personnel.
Section 39-12-38.1. - Records and abstract of cases.
Section 39-12-39. - Annual appropriations.
Section 39-12-40 - — 39-12-42. [Repealed.]