Rhode Island Code of Regulations
Title 440 - Contractors' Registration and Licensing Board
Chapter 10 - General Administration, Registration, Licensing, and Filing Claims
Subchapter 00 - N/A
Part 1 - General Rules and Regulations for Applications, Registration, Licensing, Claims, Violations, and Administrative Hearings
Section 440-RICR-10-00-1.13 - Appeals
Universal Citation: 440 RI Code of Rules 10 00 1.13
Current through September 18, 2024
1.13.1 Appeal of Notice of Violation to Hearing Officer
A. The issuance of a Notice of
Violation may be appealed to the Hearing Officer by requesting a
hearing in writing to the Board within twenty (20) days of the date
of mailing or issuance of the Notice of Violation.
1. If timely filed, the Hearing
Officer shall hold an administrative hearing in accordance with
§
1.15 of this Part.
2. Upon conclusion of the hearing,
the Hearing Officer shall issue a Final Order.
3. In accordance with R.I. Gen. Law
§5-65-6,
a Final Order shall be considered delivered when deposited in the
United States mail and/or sent registered or certified or post office
receipt secured to the last known address of record.
B. If the Board does not
receive a written request for an Appeal within twenty (20) days of
the date of mailing the Notice of Violation, and the Respondent has
not paid and/or complied with its requirements, the Notice of
Violation shall automatically convert to a Final Order.
1.13.2 Appeal of Final Order by the Hearing Officer to the Full Board
A. A Final Order issued pursuant to
§§ 1.11.4 or 1.13.1 of this Part, may be appealed to the
Full Board by requesting an appeal in writing to the Board within
twenty (20) days of the date of mailing or issuance of the Final
Order.
B. If timely
filed, the Full Board shall hear the appeal during one of its Board
meetings, pursuant to the Open Meetings Act, R.I. Gen. Laws Chapter
42-46.
C. Board
Consideration of Appeal:
1. Members
of the Full Board shall only consider evidence presented to the
Hearing Officer, issues raised in the appeal, and written and/or oral
argument relative to the Final Order issued by the Hearing
Officer.
2. Time allowed
for oral argument may be limited by the Board.
3. The Board will not consider new
or additional evidence.
4. The Board may allow the Board
staff investigator to report on his/her investigative
findings.
D.
Upon conclusion of the testimony and consideration of the evidence
and argument, the Board shall issue a decision affirming, modifying,
dismissing, or remanding the violation back to the Hearing
Officer.
E. In accordance
with R.I. Gen. Law §5-65-6,
the decision shall be considered delivered when deposited in the
United States mail and/or sent registered or certified or post office
receipt secured to the last known address of record.
F. Decisions of the Full Board may
be appealed to the Superior Court in accordance with § 1.13.3 of
this Part.
1.13.3 Appeal of Decision by the Full Board to the Superior Court
Pursuant to R.I. Gen. Laws § 42-35-15, any Party aggrieved by a decision of the Full Board may file an appeal with the Superior Court.
Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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