250 R.I. Code R. 250-RICR-120-05-29.16

Current through December 26, 2024

Section 250-RICR-120-05-29.16 - Appeals

A. Decisions of the Office of Air Resources made pursuant to the following provisions of this regulation may be appealed to the Administrative Adjudication Division of the Department:

1. § 29.13.2(K) of this Part Initial Permit Issuance

2. § 29.13.4 of this Part Permit Renewal and Expiration

3. § 29.13.5 of this Part Reopenings for Cause by the State

4. § 29.14.2(H) of this Part Minor Permit Modifications

5. § 29.14.3(H) of this Part Group Processing of Minor Permit Modifications

6. § 29.14.4 of this Part Significant Permit Modifications

7. § 29.17 of this Part Variances

B. The applicant and/or any person who provided substantive comment at any time during the public comment period may appeal the decision of the Office of Air Resources to the Administrative Adjudication Division of the Department provided, however, any person who shall demonstrate good cause for failure to participate and demonstrate that their interests shall be substantially impacted if prohibited from appearance in the appeal, may at the discretion of the hearing officer, be permitted to participate in the appeal process.

C. The appeal shall be limited to those issues raised by the parties, provided, however, that upon good cause shown, the Director shall allow additional issues to be raised.

D. All appeals shall be pursuant to the rules and regulations established by the Director and the rules and regulations established by the Administrative Adjudication Division provided; however, that all appeals shall contain precise statements of the issues presented on appeal and the specific part or parts of the decision of the Office of Air Resources which are challenged.

E. All appeals shall be heard before Administrative Adjudication Division hearing officers. All hearings shall be evidentiary hearings. All witnesses shall testify under oath and shall be subject to cross-examination.

F. All requests to appeal the decision of the Office of Air Resources must be filed with the Administrative Adjudication Division within thirty (30) days of the decision of the Office of Air Resources.

G. The hearing officer shall determine and apportion to the applicant the actual costs of the appeal process, exclusive of attorneys' fees. These costs shall not be considered administrative penalties.

250 R.I. Code R. 250-RICR-120-05-29.16

Adopted effective 1/10/2019
Amended effective 4/9/2024