(a)  The director shall establish a disputed claims processing capability within the department to hear and determine claims filed under this chapter that are not agreed upon by the claimant and the director and any responsible party who has joined as an interested party.

Terms Used In Rhode Island General Laws 46-12.7-14

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(b)  An independent hearing examiner appointed by the commissioner shall hear and determine any disputed damage claims. The hearing examiner shall be an individual with appropriate qualifications. The parties to the hearing are the director and the claimant.

(c)  To the extent practical, all claims arising from or related to a common oil spill must be heard and determined by the same hearing examiner.

(d)  Hearings before the hearing examiner are informal and the rules of evidence applicable to judicial proceedings are not binding. The hearing examiner may administer oaths and require by subpoena the attendance and testimony of witnesses and the production of books, recourse, and other evidence relative or pertinent to the issues presented to the hearing examiner for determination.

(e)  Determinations made by the hearing examiner are final and those determinations may be subject to review by a justice of the superior court, but only as to matters related to abuse of discretion by the hearing examiner. The party seeking review of a hearing examiner’s determination must file an appeal in the superior court within thirty (30) days of the determination. Determinations made by the hearing examiner must be accorded a presumption of regularity and validity in a subsequent reimbursement action, but this presumption may be rebutted by responsible parties.

(f)  The director shall certify the amount of the damage award, if any, after determination by the hearing examiner and shall certify the name of the claimant to the treasurer of the state.

History of Section.
P.L. 1996, ch. 289, § 4.