216-40-10 R.I. Code R. § 22.18

Current through June 12, 2024

Section 216-RICR-40-10-22.18 - Administrative Review

A. The decision of the state agency may be administratively reviewed at the written request of any affected person through an administrative review to be conducted by a hearing officer, hereinafter referred to as the administrative review agency, appointed by the Director of Health.

B. The written request for administrative review must be filed within thirty (30) days of the decision of the state agency (or, if applicable, within thirty (30) days after a reconsideration decision is made) and the administrative review must be initiated within sixty (60) days of the receipt of the request, when practicable.

C. Within thirty (30) days of the receipt of the request for an administrative review, the state agency shall give written notification to the applicant, the person who requested the review (if different), and by publication to any person who has participated in the proceeding before the state agency which notice shall include:

1. A statement of the time, place, and nature of the administrative review;

2. A statement of the legal authority and jurisdiction under which the administrative review is to be held;

3. A reference to the particular sections of the statutes and rules involved; and

4. A short and plain statement of the issues involved.

D. The burden of persuasion and of going forward shall be on the party seeking to set aside a decision of the state agency.

E. The grounds and scope of administrative review are limited to demonstrating that the substantial rights of the appellant have been prejudiced because the state agency findings, inferences, conclusions, or decisions are:

1. In violation of constitutional or statutory provisions;

2. In excess of the statutory authority of the agency;

3. Made upon unlawful procedure;

4. Affected by other error of law;

5. Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or

6. Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

F. The decision of the administrative review agency (as defined in § 22.18(A) of this Part) shall be based solely on the evidence introduced into the record before the state agency and facts officially noticed.

G. If, before the date set for administrative review, application is made to the administrative review agency for leave to present new significant relevant information not previously considered by the state agency, consistent with the limitations and criteria provided for in § 22.17(A)(4)(a) of this Part, and it is clearly shown to the satisfaction of the administrative review agency that said new information is material and that there were good and substantial reasons for the failure to present it during the review before the state agency, the administrative review agency may order the matter remanded to the state agency upon conditions determined by the administrative review agency for the reception of said new information and decision by the state agency.

H. The administrative review agency, after the receipt of the request for administrative review from the state agency in accordance with § 22.18(B) of this Part and the notice provided for in § 22.18(C) of this Part shall conduct an appellate administrative review. The proceedings shall be transcribed at the request of the person filing the request for administrative review or at the request of the state agency. The administrative review agency may affirm the decision of the state agency or remand the case for further proceedings, or it may reverse or modify the decision if the substantial rights of the appellant have been prejudiced because the state agency's findings, inferences, conclusions or decisions are subject to reversal or modification because the same are violative of the criteria set forth in § 22.18(E) of this Part. The administrative review agency, in conducting its review, shall not substitute its judgment for that of the state agency as to the weight of the evidence on questions of fact.

I. Informal disposition may be made by stipulation, agreed settlement, consent order or default.

J. The record shall include:

1. All pleadings, motions, and intermediate rulings;

2. All evidence received or considered;

3. A statement of matters officially noticed;

4. Questions and offers of proof and rulings thereon;

5. Proposed findings and exceptions, the findings to be based exclusively on the evidence and matters officially noticed;

6. A written decision by the administrative review agency (as defined in § 22.18(A) of this Part) and by the officer presiding at the administrative review, pursuant to the jurisdiction of said officer, including findings of fact, (accompanied by a concise and explicit statement of the underlying facts supporting the findings) and conclusions of law, separately stated.

K. Ex-parte consultations shall be governed by the provisions of R.I. Gen. Laws § 42-35-13.

L. The written decision of the administrative review agency shall be in accordance with the requirements of R.I. Gen. Laws § 42-35-12, and shall be distributed to the applicant and to the state agency and shall be available to others upon request.

M. The decision of the administrative review agency is the final decision unless judicial review is sought in accordance with § 22.19 of this Part.

216 R.I. Code R. § 216-RICR-40-10-22.18