Section 250-RICR-150-05-1.23 - AppealsA. General - The procedures for appeal of Departmental decisions pursuant to the provisions of R.I. Gen. Laws Chapter 42-35 are contained in Part 10-00-1 of this Title.B. Appeal Procedures for Applications for Orders of Approval and Water Quality Certifications - The applicant may appeal to the Director for review of the decision on an application for approval by filing an appeal with DEM/Administrative Adjudication. 1. Filing of Appeal - All appeals shall be in writing and shall be filed with and received by DEM/Administrative Adjudication within thirty (30) days after the effective date of the denial of the subject application.2. Contents of Appeal - Every appeal shall comply in all respects with Part 10-00-1 of this Title and at a minimum contain the following:a. A detailed basis upon which the appeal is taken;b. A plat plan of the area of the subject application; and c. A list of the names and addresses of the applicant, the municipality in which the property is located and all abutters.3. Notice of Administrative Hearing - Upon the filing of an appeal with DEM/Administrative Adjudication, and once the hearing schedule allows, DEM/Administrative Adjudication shall notify the following, by first class mail, of the date, time and place of the adjudicatory hearing, in conformance with R.I. Gen. Laws § 42-35-9: b. The municipality in which the property is located,c. All abutters and all other persons who received notice pursuant to § 1.17(D)(1) of this Part.C. Appeal Procedure for Notice of Violations, Suspensions or Revocations - Any person who has received a Notice of Violation (NOV) alleging violation of these regulations, or whose approval has been suspended or revoked, may appeal to the Director for review of the decision on which the NOV, suspension or revocation is based by filing an appeal with DEM/Administrative Adjudication. 1. Filing of Appeal - All appeals shall be in writing and shall be filed with and received by DEM/Administrative Adjudication within twenty (20) days after the date of the receipt of the subject NOV, revocation or suspension.2. Contents of Appeal - Every appeal shall contain a detailed basis upon which the appeal is taken.250 R.I. Code R. 250-RICR-150-05-1.23
Amended effective 12/28/2023