§ 42-92-2 - Definitions.
SECTION 42-92-2
§ 42-92-2 Definitions. – As used in this chapter:
(1) "Adjudicative officer" means the deciding official,without regard to whether the official is designated as an administrative lawjudge, a hearing officer or examiner, or otherwise, who presided at theadversary adjudication.
(2) "Adjudicatory proceedings" means any proceeding conductedby or on behalf of the state administratively or quasi-judicially which mayresult in the loss of benefits, the imposition of a fine, the adjustment of atax assessment, the denial, suspension, or revocation of a license or permit,or which may result in the compulsion or restriction of the activities of aparty. Any agency charged by statute with investigating complaints shall bedeemed to have substantial justification for the investigation and for theproceedings subsequent to the investigation.
(3) "Agency" means any state and/or municipal board,commission, council, department, or officer, other than the legislature or thecourts, authorized by law to make rules or to determine contested cases, tobring any action at law or in equity, including, but not limited to, injunctiveand other relief, or to initiate criminal proceedings. This shall includecontract boards of appeal, tax proceedings, and employment securityadministrative proceedings.
(4) "Municipality" means the individual cities and towns inthe state of Rhode Island and including, but not limited to, any city or townhousing authority, fire, water, sewer district, local or regional schooldistrict, public building authority or other municipal financed agency ordepartment.
(5) "Party" means any individual whose net worth is less thanfive hundred thousand dollars ($500,000) at the time the adversary adjudicationwas initiated; and, any individual, partnership, corporation, association, orprivate organization doing business and located in the state, which isindependently owned and operated, not dominant in its field, and which employsone hundred (100) or fewer persons at the time the adversary adjudication wasinitiated.
(6) "Reasonable litigation expenses" means those expenseswhich were reasonably incurred by a party in adjudicatory proceedings,including, but not limited to, attorney's fees, witness fees of all necessarywitnesses, and other costs and expenses as were reasonably incurred, exceptthat:
(i) The award of attorney's fees may not exceed one hundredand twenty-five dollars ($125) per hour, unless the court determines thatspecial factors justify a higher fee;
(ii) No expert witness may be compensated at a rate in excessof the highest rate of compensation for experts paid by this state.
(7) "Substantial justification" means that the initialposition of the agency, as well as the agency's position in the proceedings,has a reasonable basis in law and fact.