Current through December 26, 2024
Section 250-RICR-150-10-1.52 - Decision on Request for HearingA. Following the expiration of the time allowed by § 1.50 of this Part for submitting a request for an adjudicatory hearing, the Department shall decide the extent to which the request shall be granted. The Department shall grant a request either in whole or in part ordinarily only when the request conforms to the requirements of § 1.50 of this Part and sets forth material issues of fact relevant to the issuance of the permit.B. If the Department grants a request for an adjudicatory hearing, the Department shall identify those contested permit conditions for which an adjudicatory hearing has been granted. The Department shall specify these conditions in writing and serve notice in accordance with § 1.53 of this Part. Permit conditions which are not contested or for which the Department has denied the hearing request shall not be affected by or considered at the adjudicatory hearing.C. If the Department grants a request for an adjudicatory hearing, in whole or in part, in regard to a particular proposed permit, then any other request for an adjudicatory hearing in regard to that permit shall be treated as a request to be a party and the Department shall grant any such request which meets the requirements of § 1.52(A) of this Part.D. If a request for a hearing is denied in whole or part, the Department shall briefly state the reasons. Such denial shall be considered the final action of the Department.250 R.I. Code R. 250-RICR-150-10-1.52