Current through November 21, 2024
Section 250-RICR-150-10-3.25 - AppealsA. General. The procedures for appeal of Departmental decisions pursuant to the provisions of R.I. Gen. Laws Chapter 42-35 are contained in both Part 10-00-1 and Part 20-00-1 of this Title.B. Appeal Procedure for Approval Denials. Any person whose approval application is denied may appeal to the Director for review of the decision on which the denial 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 thirty (30) days after the effective date of the denial of the subject application. See R.I. Gen. Laws § 42-17.7-9.2. Contents of Appeal. Every appeal shall contain a detailed basis upon which the appeal is taken.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 by first class mail those persons as determined by the Director of the date, time and place of the adjudicatory hearing, in conformance with R.I. Gen. Laws § 42-35-9. C. Appeal Procedure for Notice of Violations. Any person who has received a Notice of Violation (NOV) alleging violation of these rules and 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 receipt of the subject NOV, suspension or revocation. See R.I. Gen. Laws § 42-17.7-9.2. Contents of Appeal. Every appeal shall contain a detailed basis upon which the appeal is taken. See R.I. Gen. Laws § 42-17.7-9.250 R.I. Code R. 250-RICR-150-10-3.25