Current through December 26, 2024
Section 250-RICR-130-10-1.11 - AppealsA. The procedures for appeal of Department decisions pursuant to the provisions of R.I. Gen. Laws Chapter 42-35 are contained in the Rules and Regulations for the Administration Adjudication Division (Part 10-00-1 of this Title).B. Within thirty days of the receipt of a decision from the Department regarding an application for a Dam operation permit, the Owner or Operator may request an adjudicatory hearing to appeal the decision, or portions thereof. The request for an adjudicatory hearing must be in writing, must comply in form and content for such requests as required by Rules and Regulations for the Administration Adjudication Division (Part 10-00-1 of this Title) and must be filed directly with the Administrative Adjudication Division of the Department. A request for an adjudicatory hearing automatically stays any contested Dam operation permit. It shall be the burden of the Owner or Operator to demonstrate by a preponderance of the evidence that the application as proposed is consistent with the purposes of the law, complies with applicable rules and regulations and protects the public, real property, and natural resources.C. Any Person who receives a notice of violation alleging violation of these rules and regulations, or whose Dam operation permit has been suspended or revoked, may appeal to the Department for review of the decision on which the notice of violation, suspension or revocation is based by filing an appeal in accordance with the Rules and Regulations for the Administration Adjudication Division (Part 10-00-1 of this Title).250 R.I. Code R. 250-RICR-130-10-1.11
Adopted effective 5/29/2023