216-40-10 R.I. Code R. § 22.17

Current through June 12, 2024
Section 216-RICR-40-10-22.17 - Reconsideration
A. Any affected person may request in writing reconsideration of the state agency's decision if such person:
1. Presents significant relevant information not previously considered by the state agency;
2. Demonstrates that there have been significant changes in factors or circumstances relied upon by the agency in reaching its decision;
3. Demonstrates that the agency has materially failed to follow its adopted procedures in reaching its decision; or
4. Provides such other basis as the state agency determines constitutes good cause, which basis may be determined on a case-by-case basis.
a. In determining what constitutes and what qualifies for presentation as "significant relevant information not previously considered by the state agency," the person must prove that said information was, is, or would be significant to the agency's final decision and was not previously available to the applicant for submission to the state agency during the period of the review process, provided, however, that nothing in this section shall be construed to permit or allow the reconsideration process to be used as a procedure for modification or amendment of an insufficient or deficient application or presentation during the review process or to introduce as new matter previously existing data as an alternative basis for approval of a project (e.g., fire code deficiencies to which no previous reference was made).
5. Requests for reconsideration of a state agency decision must be received within thirty (30) days of the decision.
B. The state agency shall issue a written decision in response to a request for reconsideration within a sixty (60) day time period, when practicable.

216 R.I. Code R. § 216-RICR-40-10-22.17