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Rhode Island Regulations § 410-RICR-20-00-3.5 Filing of Complaints

⤴ Up to Part 3: Administrative Complaint Procedure (410-RICR-20-00-3)

Regulation Text

A. Any person who believes that there has been a violation of any provision of Title III (that either has occurred, is occurring, or is about to occur), by any state or local election official may file a complaint with the Board in which the alleged violation occurred, as provided under these regulations. All complaints must:
1. Be in writing, sworn to under oath and under penalty of perjury, signed by the complainant, and notarized on a form provided by the Board or on any other paper or form that complies with each of the requirements of these regulations. Complainants shall receive instructions as to the complaint process and their rights to a hearing.
2. Include the full name, telephone number, and mailing address of the complainant.
3. Include a description of the alleged violation of Title III sufficient to apprise the Board and respondent of the nature and specifics of the complaint.
4. If a hearing on the record is requested, the complainant must so state.
5. The completed and verified complaint shall be filed with the Board and shall certify that a copy of the complaint was provided via U.S. mail to each respondent. Respondents shall be provided the same information given complainants in § 3.5 (A)(1) of this Part above.
6. Each respondent shall provide a written response within seven (7) days of receipt of the complaint, unless the parties agree on a longer time. The written response of each respondent shall be filed and served as provided by herein for complaints. Each respondent shall also have the right to request in writing that a hearing be held.
7. A complaint shall be filed within 90 days after the occurrence of the actions or events that form the basis for the complaint, including the actions or events that form the basis for the complainant's belief that a violation is about to occur, or, if later, within 90 days after the complainant knew, or with the exercise of reasonable diligence, should have known of those actions or events.
8. A complaint shall be deemed to have been filed on the day that the original signed and notarized document is actually received and filed with the Board.

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