§ 46-23-20.3. Prehearing procedure.
(a) Prior to the commencement of any hearing, the hearing officer may in his or her discretion direct the parties or their attorneys to appear before him or her for such conferences as shall be necessary. At the conferences, the hearing officer may order any party to file, prior to the commencement of any formal hearing, exhibits that the party intends to use in the hearing, and the names and addresses of witnesses that the party intends to produce in its direct case, together with a short statement of the testimony of each witness. Following entry of an order, a party shall not be permitted, except in the discretion of the hearing officer, to introduce into evidence, in the party’s direct case, exhibits which are not filed in accordance with the order. At the conference, the hearing officer may designate a date before which he or she requires any party to specify what issues are conceded, and further proof of conceded issues shall not be required. The hearing officer shall also require the parties to simplify the issues, to consider admissions of fact and of documents which will avoid unnecessary proof, and to limit the number of expert witnesses. The hearing officer shall enter an order reciting the concessions and agreements made by the parties, and shall enter an order on such other matters as are pertinent to the conduct of the hearing, and unless modified, the hearing shall be conducted by the order.
(b) The hearing officer may also order the parties to file, prior to the commencement of any hearing, the testimony of any or all of their respective witnesses, and to submit the testimony to the hearing officer and the opposing party or the opposing counsel by such date as the hearing officer shall determine. The witness shall testify under oath, and all of the testimony shall be in a question and answer format. Save for good cause shown, said testimony shall be the direct examination of the witness; provided, however, that the witness shall be available at the hearing for cross-examination by the opposing party or opposing counsel.
(c) The council, with the assistance of the chief hearing officer, shall promulgate, by regulation, such other prehearing procedures and/or hearing procedures as deemed necessary, including the use of portions of the superior court civil rules of discovery where such are not inconsistent with the applicable provisions of the Administrative Procedures Act, chapter 35 of title 42.
History of Section.P.L. 1990, ch. 461, § 11.
Structure Rhode Island General Laws
Title 46 - Waters and Navigation
Chapter 46-23 - Coastal Resources Management Council
Section 46-23-1. - Legislative findings.
Section 46-23-2. - Coastal resources management council created — Appointment of members.
Section 46-23-2.1. - Members — Term of office — Vacancies.
Section 46-23-3. - Oath of members.
Section 46-23-4. - Officers of the council — Quorum and vote required for action.
Section 46-23-4.1. - The commissioner of coastal resources management.
Section 46-23-5. - Expenses of members.
Section 46-23-6. - Powers and duties — Rights-of-way.
Section 46-23-6.1. - Newport “cliff walk” — Public right-of-way — Legal studies.
Section 46-23-6.2. - Abandonment of rights-of-way.
Section 46-23-6.3. - Tolling of expiration periods.
Section 46-23-7. - Violations.
Section 46-23-7.1. - Administrative penalties.
Section 46-23-7.2. - Proceedings for enforcement.
Section 46-23-7.3. - Criminal penalties.
Section 46-23-7.4. - Penalty for blocking or posting of rights-of-way.
Section 46-23-7.5. - Prosecution of criminal violations.
Section 46-23-8. - Gifts, grants, and donations.
Section 46-23-10. - Cooperation of departments.
Section 46-23-11. - Rules and regulations.
Section 46-23-12. - Representation from coastal communities.
Section 46-23-13. - Application and hearing fees.
Section 46-23-14. - Expert testimony.
Section 46-23-15. - Federal grants and interstate cooperation.
Section 46-23-15.1. - Coordination of harbor safety and enforcement patrols.
Section 46-23-16. - Length of permits, licenses, and easements.
Section 46-23-17. - [Repealed.]
Section 46-23-18. - Prohibited activities.
Section 46-23-18.1. - Permitting.
Section 46-23-18.2. - Rules and regulations.
Section 46-23-18.3. - Sites for disposal of spoil from dredge operations, selection.
Section 46-23-18.4. - Enforcement.
Section 46-23-18.5. - Fees for disposal.
Section 46-23-18.6. - Coastal Resources Management Council Dredge Fund.
Section 46-23-20. - Administrative hearings.
Section 46-23-20.1. - Hearing officers — Appointment — Compensation — Subcommittee.
Section 46-23-20.3. - Prehearing procedure.
Section 46-23-20.4. - Hearings — Orders.
Section 46-23-20.5. - Ex parte consultations.
Section 46-23-20.6. - Oaths — Subpoenas — Powers of hearing officers.
Section 46-23-21. - Notice of permit — Recordation.
Section 46-23-22. - Solid waste disposal licenses — Hearings.
Section 46-23-23. - Municipal comprehension plan consideration.
Section 46-23-24. - Lien on property.
Section 46-23-25. - Issuance of beach vehicle registration permits.