Section 490-RICR-00-00-9.7 - Standard of ReviewA. Any Party, as defined herein, who has exhausted all administrative remedies available to them by the Supplier, and/or who is aggrieved by a final order of the Supplier, is entitled to an Appeal pursuant to this Part. 1. This section does not limit utilization of or the scope of administrative review available under other means of review, redress, relief, or trial de novo as may be provided by law.2. A preliminary, procedural, or intermediate Supplier order, act, or decision is reviewable by the Board: a. In any case in which review of a Supplier order and/or decision does not provide an adequate remedy to the aggrieved Party; orb. If the Supplier has not issued a timely final order and/or decision and said failure may affect substantial rights of the aggrieved Party.B. The filing of an Appeal does not stay enforcement of the Supplier decision and/or order. However, upon written request of the aggrieved Party the Board may order a stay.C. If, before the date set for the Appeal, application is made by a Party or the Parties to the Board for leave to present additional evidence, and it is shown to the satisfaction of the Board that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the Supplier, the Board may order that the additional evidence be taken before the Supplier upon conditions determined by the Board. The Supplier may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the Board. The Board may at any time throughout the Appeal require either Party to produce evidence and/or additional evidence the Board determines necessary for it to conduct its review of the record on appeal.D. The Board's review shall be confined to the record of the proceeding before the Supplier, unless as otherwise authorized and/or ordered by the Board pursuant to this Part. In cases of alleged irregularities in procedure before the Supplier, not shown in the record, proof thereon may be admitted and considered by the Board. The Board, upon request, shall hear oral argument and receive written briefs.E. The Board shall not substitute its judgment for that of the Supplier as to the weight of the evidence on questions of fact. The Board may affirm the decision of the Supplier or remand the case for further proceedings, or it may reverse or modify the decision if substantial rights of the Appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions of the Supplier are:1. In violation of constitutional or statutory provisions;2. In excess of the statutory authority of the Supplier;3. Made upon unlawful procedure;4. Affected by other error of law;5. Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or6. Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.490 R.I. Code R. 490-RICR-00-00-9.7
Adopted effective 1/30/2024