Rhode Island Code of Regulations
Title 835 - Narragansett Bay Commission
Chapter 10 - General Administration
Subchapter 00 - N/A
Part 1 - Rules and Regulations for Public Hearings (835-RICR-10-00-1)
Section 835-RICR-10-00-1.3 - Definitions

Universal Citation: 835 RI Code of Rules 10 00 1.3

Current through September 18, 2024

A. "Commission" means the Narragansett Bay Commission or, when the context permits, its individual members, committees, its staff, agents or employees.

B. "Commission office" means the offices of the Commission, One Service Road, Providence, Rhode Island or any such address as may from time to time be the location of the principal office of the Commission.

C. "Contested cases" means a proceeding in which the Commission under its enabling legislation is required to determine the legal rights, duties or privileges of a party to said proceeding after an opportunity for a hearing. Pursuant to R.I. Gen. Laws § 39-1-1 et seq., promulgation of sewer user fees by the Commission is subject to approval by the Public Utilities Commission.

1. When the Commission is authorized to determine the legal rights, duties or privileges of parties after an opportunity for a hearing in this definition, any such proceeding before the Commission shall be considered a contested case when formal written objection and/or request for hearing is received by the Commission from any interested party. Further, any such proceeding before the Commission shall be considered a contested case upon the request for hearing by any member of the Commission.

D. "Parties" means a person, agency or organization is a party to a proceeding before the Commission if:

1. he, she or it is entitled to the status of a party under Rhode Island Administrative Procedures Act (APA), R.I. Gen. Laws § 42-35-1, or any other provision of law; or

2. upon application for leave to intervene in a matter which is considered a contested case by the APA or by the Commission, provided that said intervenor is allowed intervention on the following grounds:
a. such applicant is entitled by law to the status of a party;

b. such applicant could have been a complainant in such proceeding; or

c. such applicant has a complaint or defense that has a question of law or fact in common with the main proceeding, provided that an application by an applicant described in §§ 1.3(D)(2)(a) or (b) of this Part shall be subject to the discretion of the Commission.

E. "Person" means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than an agency.

F. "Rule" shall have the same meaning as set forth in R.I. Gen. Laws § 42-35-1.

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