reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-4 - Hearings and Investigations › Section 39-4-3. - Investigations on complaint against utility — “Safe and potable” defined.

§ 39-4-3. Investigations on complaint against utility — “Safe and potable” defined.
(a)
Upon a written complaint made against any public utility by any city or town council, or by the water supply management division of the department of environmental management, or by any corporation, or by any twenty-five (25) qualified electors, that any of the rates, tolls, charges, or any joint rate or rates of any public utility are in any respect unreasonable or unjustly discriminatory, or that any regulation, measurement, practice, or act whatsoever of any public utility, affecting or relating to the conveyance of persons or property, including sewage, or any service in connection therewith, or the conveyance of any telephone or telegraph message or any service in connection therewith, is in any respect unreasonable, insufficient, or unjustly discriminatory, or that any service is inadequate or cannot be obtained or is unsafe, or the public safety is endangered thereby, or in the case of drinking water that the water is either unsafe or nonpotable, or that the water supplier is in noncompliance with chapter 15.4 et seq. of title 46, the division shall proceed, with or without notice, to make such investigation as it may deem necessary or convenient. But no order affecting the rates, tolls, charges, regulations, measurements, practice, act, or service complained of shall be entered by the division without a formal public hearing. When any complaint shall be made by twenty-five (25) or more qualified electors, the complaint shall designate one of the complainants upon whom shall be served all notices, orders, and citations required by this chapter to be served upon complainants.
(b)
The term “safe and potable” shall mean the suitability or fitness for human consumption of drinking water.
History of Section.
P.L. 1912, ch. 795, § 18; G.L. 1923, ch. 253, § 18; G.L. 1938, ch. 122, § 15; G.L. 1956, § 39-4-3; P.L. 1971, ch. 265, § 7; P.L. 1972, ch. 205, § 6; P.L. 1977, ch. 253, § 1; P.L. 1980, ch. 14, § 3; P.L. 1983, ch. 235, § 4; P.L. 1995, ch. 188, § 4.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-4 - Hearings and Investigations › Section 39-4-4. - Notice of complaint — Time and place of hearing.

§ 39-4-4. Notice of complaint — Time and place of hearing.
The division shall, prior to a formal hearing, notify the public utility complained of that a complaint has been made, and ten (10) days after notice has been given, the division may proceed to set a time and place for a hearing and an investigation as hereinafter provided.
History of Section.
P.L. 1912, ch. 795, § 19; G.L. 1923, ch. 253, § 19; G.L. 1938, ch. 122, § 16; G.L. 1956, § 39-4-4.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-4 - Hearings and Investigations › Section 39-4-5. - Notice of hearing on complaint — Right to appear and summon witnesses.

§ 39-4-5. Notice of hearing on complaint — Right to appear and summon witnesses.
The division shall give the public utility and the complainant, if any, ten (10) days’ notice of the time and place where and when the hearing and investigation will be held, and the matters considered and determined. Both the public utility and the complainant shall be entitled to be heard and appear by counsel, and shall have process to enforce the attendance of witnesses.
History of Section.
P.L. 1912, ch. 795, § 20; G.L. 1923, ch. 253, § 20; G.L. 1938, ch. 122, § 17; G.L. 1956, § 39-4-5.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-4 - Hearings and Investigations › Section 39-4-6. - Separation of issues — Damage to complainant not required.

§ 39-4-6. Separation of issues — Damage to complainant not required.
The division may, in its discretion, when complaint is made of more than one rate or charge, order separate hearings thereon, and may consider and determine the several matters complained of separately and at such time as it may prescribe. No complaint shall at any time be dismissed because of the absence of direct damage to the complainant.
History of Section.
P.L. 1912, ch. 795, § 25; G.L. 1923, ch. 253, § 25; G.L. 1938, ch. 122, § 22; P.L. 1953, ch. 3209, § 1; G.L. 1956, § 39-4-6.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-4 - Hearings and Investigations › Section 39-4-7. - Hearings in locality of consumers affected.

§ 39-4-7. Hearings in locality of consumers affected.
In any matter within the jurisdiction of the division of public utilities and carriers, involving water rates, charges, or accommodation of the public, or the safety or potability of drinking water, and affecting the inhabitants of any particular community in any town or city, the division, upon request of the town or city council, as the case may be, so affected, shall hold at least one session of the public hearing on the matter within the county where the town or city is located; provided, however, the provisions of this section shall not apply to chapter 12 of this title; and provided, further, however, that the requesting authority shall provide suitable accommodation to be supplied by the town or city council, as the case may be, requesting the hearing.
History of Section.
G.L. 1938, ch. 122, § 22; P.L. 1953, ch. 3209, § 1; G.L. 1956, § 39-4-7; P.L. 1977, ch. 253, § 1; P.L. 1980, ch. 14, § 3.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-4 - Hearings and Investigations › Section 39-4-8. - Filing of contracts.

§ 39-4-8. Filing of contracts.
Upon any hearing and investigation, the division may require the public utility to file with it a copy of any contract for the purchase of electricity, light, heat, or power, certified by its secretary or treasurer, which shall be open to inspection by the complainant or counsel for the complainant, and the division may consider the reasonableness of the amounts to be paid in accordance with the provisions of the contract for electricity, light, heat, or power insofar as the amounts shall be relevant to the matters subject to discussion at the hearing and investigation.
History of Section.
G.L. 1923, ch. 253, § 21; P.L. 1926, ch. 778, § 1; G.L. 1938, ch. 122, § 18; G.L. 1956, § 39-4-8; P.L. 1997, ch. 326, § 107.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-4 - Hearings and Investigations › Section 39-4-9. - Orders fixing rates.

§ 39-4-9. Orders fixing rates.
If, upon a hearing and investigation had under the provisions of this chapter, the division shall find any existing rates, tolls, charges, or joint rate or rates of any public utility, to be unjust, unreasonable, insufficient, or unjustly discriminatory, or to be preferential or otherwise in violation of any of the provisions of chapters 1 — 5 of this title, the division shall have power to fix and order a substitute therefor the rates, tolls, charges, or joint rates as shall be just and reasonable.
History of Section.
P.L. 1912, ch. 795, § 21; G.L. 1923, ch. 253, § 21; P.L. 1926, ch. 778, § 1; G.L. 1938, ch. 122, § 18; G.L. 1956, § 39-4-9.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-4 - Hearings and Investigations › Section 39-4-10. - Orders as to unreasonable practices or inadequate services.

§ 39-4-10. Orders as to unreasonable practices or inadequate services.
If, upon a hearing and investigation had under the provisions of this chapter, the division of public utilities and carriers shall find that any regulation, measurement, practice, act, or service or any public utility is unjust, unreasonable, insufficient, preferential, unjustly discriminatory, or otherwise in violation of any of the provisions of chapters 1 — 5 of this title, or that any service of the public utility is inadequate, or that any service that can be reasonably demanded cannot be obtained, the division shall have power to substitute therefor other regulations, measurements, practices, service, or acts, and to make the order respecting, and the changes in the regulations, measurements, practices, service, or acts, as shall be just and reasonable, and the power to order refunds as provided for in § 39-3-13.1.
History of Section.
P.L. 1912, ch. 795, § 22; G.L. 1923, ch. 253, § 22; G.L. 1938, ch. 122, § 19; G.L. 1956, § 39-4-10; P.L. 1975, ch. 276, § 2.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-4 - Hearings and Investigations › Section 39-4-11. - Orders as to unsafe or improper conditions.

§ 39-4-11. Orders as to unsafe or improper conditions.
If, upon a hearing and investigation, the division shall find that the regulations, practices, acts, plant or equipment, appliances, or service of any public utility, or any condition suffered, permitted, or maintained by any public utility is unsafe and nonpotable or improper, or that the public safety is endangered thereby, the division shall by order determine the proper regulations, practices, acts, plant or equipment, appliances, or service thereafter to be in force and to be observed, maintained, and used by the public utility, and may by order require any dangerous, improper, unsafe, and nonpotable condition to be removed or remedied.
History of Section.
P.L. 1912, ch. 795, § 23; G.L. 1923, ch. 253, § 23; G.L. 1938, ch. 122, § 20; G.L. 1956, § 39-4-11; P.L. 1971, ch. 265, § 8; P.L. 1972, ch. 205, § 6; P.L. 1977, ch. 253, § 1; P.L. 1980, ch. 14, § 3.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-4 - Hearings and Investigations › Section 39-4-11.1. - Order to rebate or cancel charges.

§ 39-4-11.1. Order to rebate or cancel charges.
Whenever the division of public utilities and carriers is in receipt of a determination that drinking water is not safe and potable, as determined by certification of the director of health, the division shall thereupon order the public utility to rebate to or credit the accounts of its consumers, the cost of the drinking water distributed during the period, or a portion thereof, as the division, by its rules and regulations, may determine; and, provided further, that the director of health shall certify to the division the date upon which it is determined that drinking water is restored to safety and potability.
History of Section.
P.L. 1977, ch. 253, § 2; P.L. 1980, ch. 14, § 3.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-4 - Hearings and Investigations › Section 39-4-12. - Payment of investigation expense by utility.

§ 39-4-12. Payment of investigation expense by utility.
If, upon a hearing and investigation, it shall be found that any rate, toll, charge, or joint rate or rates is unjust, unreasonable, insufficient, or unjustly discriminatory or preferential or otherwise in violation of any of the provisions of this title, or that any regulation, measurement, practice, act, or service complained of is unjust, unreasonable, insufficient, preferential, or otherwise in violation of any of the provisions of this title, or if it is found that any service is inadequate or that any reasonable service cannot be obtained, the public utility found to be at fault shall, if the commission finds the utility to have knowingly and intentionally violated the provisions, pay the expenses incurred by the division in the investigation and hearing.
History of Section.
P.L. 1912, ch. 795, § 24; G.L. 1923, ch. 253, § 24; G.L. 1938, ch. 122, § 21; G.L. 1956, § 39-4-12; P.L. 1969, ch. 240, § 7.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-4 - Hearings and Investigations › Section 39-4-13. - Summary investigation by division.

§ 39-4-13. Summary investigation by division.
Whenever the division shall believe that any of the rates, tolls, charges, or any joint rate or rates, charged, demanded, exacted, or collected by any public utility are in any respect unreasonable or unjustly discriminatory or otherwise in violation of this title, or that any regulation, measurement, practice, or act whatsoever of the public utility, affecting or relating to the conveyance of persons or property, or any service in connection therewith, or affecting or relating to the production, transmission, delivery, or furnishing of heat, light, water, or power, or any service in connection therewith, or the conveyance of telephone or telegraph messages, or any service in connection therewith, is in any respect unreasonable, insufficient, or unjustly discriminatory; or that any service of the public utility is inadequate or cannot be obtained, or is unsafe, or the public health is endangered thereby; or that an investigation of any matter relating to a public utility should, for any reason be made, it shall summarily investigate the same with or without notice as it shall deem proper. The summary investigation as provided under this section shall be in addition to the hearings conducted pursuant to the provisions of §§ 39-3-7 and 39-3-11.
History of Section.
P.L. 1912, ch. 795, § 26; G.L. 1923, ch. 253, § 26; G.L. 1938, ch. 122, § 23; G.L. 1956, § 39-4-13; P.L. 1969, ch. 240, § 7; P.L. 1971, ch. 265, § 9; P.L. 1972, ch. 205, § 6; P.L. 1997, ch. 326, § 107.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-4 - Hearings and Investigations › Section 39-4-14. - Formal investigation — Notice to utility.

§ 39-4-14. Formal investigation — Notice to utility.
If, after making a summary investigation, the division becomes satisfied that sufficient grounds exist to warrant a formal hearing being ordered as to the matters so investigated, it shall furnish to the public utility interested, a statement notifying the public utility of the matters under investigation. Ten (10) days after the notice has been given, the division may proceed to set a time and place for a hearing and investigation.
History of Section.
P.L. 1912, ch. 795, § 27; G.L. 1923, ch. 253, § 27; G.L. 1938, ch. 122, § 24; G.L. 1956, § 39-4-14.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-4 - Hearings and Investigations › Section 39-4-15. - Notice and proceedings on motion of division.

§ 39-4-15. Notice and proceedings on motion of division.
Notice of the time and place for a hearing and investigation shall be given to the public utility and to such other interested persons as the division shall deem necessary, as provided in § 39-4-5, and thereafter the proceedings shall be had and conducted in reference to the matter investigated in like manner as though a complaint had been filed with the division relative to the matter investigated, and the same order or orders may be made in reference thereto as if the hearing and investigation had been made on a complaint.
History of Section.
P.L. 1912, ch. 795, § 28; G.L. 1923, ch. 253, § 28; G.L. 1938, ch. 122, § 25; G.L. 1956, § 39-4-15.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-4 - Hearings and Investigations › Section 39-4-16. - Service of orders — Effective date.

§ 39-4-16. Service of orders — Effective date.
The division shall cause a certified copy of all its orders to be served upon an officer or agent of the public utility affected thereby, and upon the complainant if any there be, and all orders shall of their own force take effect and become operative ten (10) days after service thereof unless a different time be fixed by the order.
History of Section.
P.L. 1912, ch. 795, § 29; G.L. 1923, ch. 253, § 29; G.L. 1938, ch. 122, § 26; G.L. 1956, § 39-4-16.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-4 - Hearings and Investigations › Section 39-4-17. - Rescission or alteration of orders.

§ 39-4-17. Rescission or alteration of orders.
The public utilities administrator may, at any time, upon notice to the public utility and after opportunity to be heard as provided in § 39-4-5, rescind, alter, or amend any order fixing any rate, toll, charge, joint rate or rates, or any other order made by the public utilities administrator, and certified copies of the order shall be served and take effect as provided in § 39-4-16 for original orders.
History of Section.
P.L. 1912, ch. 795, § 33; G.L. 1923, ch. 253, § 33; G.L. 1938, ch. 122, § 30; P.L. 1949, ch. 2174, § 1; G.L. 1956, § 39-4-17; P.L. 1997, ch. 326, § 107.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-4 - Hearings and Investigations › Section 39-4-18. - Review of grade crossing ordinances.

§ 39-4-18. Review of grade crossing ordinances.
All orders, decisions, requests, or ordinances hereafter made by any town or city council under the provisions of §§ 39-8-2, 39-8-3, and 39-8-12, shall be subject to the supervision and control of the division as provided in this section. Upon the written complaint of any public utility, or by ten (10) qualified electors, residents of the town or city, the order of whose town or city council shall be drawn in question, upon the ground that the order, decision, request, or ordinance is unreasonable, the division shall set a hearing as provided in § 39-4-4, and if the commission shall find that the order, decision, request, or ordinance is unreasonable, the order, decision, request, or ordinance shall be void; provided, that nothing in this chapter shall be construed to take away or limit the existing powers of the town or city councils to abolish grade crossings.
History of Section.
P.L. 1912, ch. 795, § 54; G.L. 1923, ch. 253, § 53; G.L. 1938, ch. 122, § 50; impl. am. P.L. 1949, ch. 2174, § 1; G.L. 1956, § 39-4-18; P.L. 1969, ch. 240, § 7; P.L. 1997, ch. 326, § 107.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-4 - Hearings and Investigations › Section 39-4-21. - Privilege against self-incrimination.

§ 39-4-21. Privilege against self-incrimination.
No person shall be excused from testifying or from producing any books, accounts, papers, records, or documents in any investigation or inquiry by, or upon any hearing before, the division or member thereof when ordered to do so by the division or member, upon the ground that the testimony or evidence, accounts, papers, records, books, or documents, required of him or her may tend to incriminate him or her or subject him or her to penalty or forfeiture; but no person shall be prosecuted, punished, or subjected to any penalty or forfeiture for or on account of any act, transaction, matter, or thing concerning which he or she shall, under oath, by order of the division or a member thereof, have testified or produced the documentary evidence; provided, that no person so testifying shall be exempt from prosecution or punishment for any perjury committed by him or her in his or her testimony. Nothing contained in this section is intended to give or shall be construed as in any manner giving any corporation immunity of any kind from the law.
History of Section.
P.L. 1912, ch. 795, § 16; G.L. 1923, ch. 253, § 16; G.L. 1938, ch. 122, § 13; G.L. 1956, § 39-4-21; P.L. 1997, ch. 326, § 107.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-4 - Hearings and Investigations › Section 39-4-22. - Penalties for violations.

§ 39-4-22. Penalties for violations.
Every public utility or water supplier pursuant to chapter 15.4 of title 46 [repealed], and all officers and agents thereof, shall obey, observe, and comply with every order of the division made under the authority of chapters 1 — 5 of this title as long as the order shall be and remain in force. Every public utility or water supplier that shall violate any of the provisions of the chapters or that fails, omits, or neglects to obey, observe, or comply with any order of the division, shall be subject to a penalty of not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000) for each and every offense. Every violation of the order shall be a separate and distinct offense and, in case of a continuing violation, every day’s continuance thereof shall be, and be deemed to be, a separate and distinct offense. Every officer, agent, or employee of a public utility or water supplier who shall violate any of the provisions of the chapters, or who procures, aids, or abets any violation by any public utility or water supplier, or who shall fail to obey, observe, or comply with any order of the division, or any provision of an order of the division, or who procures, aids, or abets any public utility or water supplier in its failure to obey, observe, or comply with any order or provision, shall be guilty of a misdemeanor and shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500). In construing and enforcing the provisions of this section, the act, omission, or failure of any officer, agent, or other person acting for or employed by any public utility or water supplier, acting within the scope of his or her employment, shall in every case be deemed to be also the act, omission, or failure of the public utility or water supplier.
History of Section.
P.L. 1912, ch. 795, § 30; G.L. 1923, ch. 253, § 30; G.L. 1938, ch. 122, § 27; G.L. 1956, § 39-4-22; P.L. 1980, ch. 39, § 1; P.L. 1995, ch. 188, § 4.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-4 - Hearings and Investigations › Section 39-4-23. - Action in supreme court to prevent violations.

§ 39-4-23. Action in supreme court to prevent violations.
Whenever the division shall be of the opinion that a public utility, subject to its supervision, is failing or omitting, or about to fail or omit, to do anything required of it by law or by order of the division, or is doing anything, is about to do anything, or is permitting anything, or is about to permit anything to be done contrary to or in violation of law or of any order of the division, it shall direct the attorney general to commence an action or proceeding in the supreme court in the name of the division for the purpose of having the violations or threatened violations prevented. The attorney general shall thereupon begin the action or proceeding by petition to the supreme court, alleging the violation or threatened violation complained of, and praying for appropriate relief. It shall thereupon be the duty of the court to specify a time not exceeding twenty (20) days after the service of the copy of the petition, within which the public utility complained of must answer the petition, and in the meantime the public utility may be restrained. In the case of a default in answering, or after the answer, the court shall immediately inquire into the facts and circumstances of the case. Such corporations or persons as the court may deem necessary or proper to be joined as parties in order to make its judgment, order, or writ effective, may be joined as parties. The final judgment in any action or proceeding, shall either dismiss the action or proceeding or direct that appropriate relief be granted as prayed for in the petition, or in modified or other form.
History of Section.
P.L. 1912, ch. 795, § 31; G.L. 1923, ch. 253, § 31; G.L. 1938, ch. 122, § 28; G.L. 1956, § 39-4-23.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-4 - Hearings and Investigations › Section 39-4-24. - Actions for penalties and forfeitures.

§ 39-4-24. Actions for penalties and forfeitures.
An action to recover a penalty or forfeiture under this chapter shall be brought in any court of competent jurisdiction in this state in the name of the state, and shall be commenced and prosecuted to final judgment by the administrator. All money recovered in any action, together with the costs thereof, shall be paid into the state treasury. Any action may be discontinued or compromised on application of the administrator upon such terms as the court shall approve and order.
History of Section.
P.L. 1912, ch. 795, § 32; G.L. 1923, ch. 253, § 32; G.L. 1938, ch. 122, § 29; impl. am. P.L. 1939, ch. 660, § 122; G.L. 1956, § 39-4-24.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-5 - Appeals › Section 39-5-1. - Judicial review.

§ 39-5-1. Judicial review.
Any person aggrieved by a decision or order of the commission may, within seven (7) days from the date of the decision or order, petition the supreme court for a writ of certiorari to review the legality and reasonableness of the decision or order. The petition for a writ of certiorari shall fully set forth the specific reasons for which it is claimed that the decision or order is unlawful or unreasonable. Chapter 35 of title 42 shall not be applicable to appeals from the commission. The procedure established by this chapter shall constitute the exclusive remedy for persons and companies aggrieved by any order or judgment of the commission; provided, however, any person aggrieved by a final decision or order of the administrator may appeal therefrom to the superior court pursuant to the provisions of § 42-35-15.
History of Section.
P.L. 1912, ch. 795, § 34; G.L. 1923, ch. 253, § 34; G.L. 1938, ch. 122, § 31; P.L. 1949, ch. 2174, § 1; G.L. 1956, § 39-5-1; impl. am. P.L. 1962, ch. 112; P.L. 1969, ch. 240, § 8; P.L. 1973, ch. 199, § 4.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-5 - Appeals › Section 39-5-2. - Procedure in supreme court.

§ 39-5-2. Procedure in supreme court.
Upon the filing of a proper petition for a writ of certiorari for review in the office of the clerk of the supreme court, the supreme court shall cause to be issued a writ of certiorari to the commission which shall require the commission within thirty (30) days to certify to the court a transcript of the evidence, a complete record of the hearing, and a copy of the decision or order of the commission. The clerk of the supreme court shall issue citations to all parties in interest, including the public utilities administrator, returnable at such time as in the discretion of the court shall be proper, and the court as soon as may be thereafter shall hear and determine the matter. The transcript of the testimony before the commission in the case, duly certified by the stenographer taking the testimony, and allowed by one of the commissioners, shall be admitted as testimony before the supreme court.
History of Section.
P.L. 1969, ch. 240, § 8.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-5 - Appeals › Section 39-5-3. - Findings of commission.

§ 39-5-3. Findings of commission.
The findings of the commission on questions of fact shall be held to be prima facie true and as found by the commission, and the supreme court shall not exercise its independent judgment nor weigh conflicting evidence. An order or judgment of the commission made in the exercise of administrative discretion shall not be reversed unless the commission exceeded its authority or acted illegally, arbitrarily, or unreasonably.
History of Section.
P.L. 1969, ch. 240, § 8.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-5 - Appeals › Section 39-5-4. - Powers of supreme court.

§ 39-5-4. Powers of supreme court.
The supreme court may reverse or affirm the judgments and orders of the commission and may remand a cause to it with such mandates as law or equity shall require; and the commission shall enter judgment or order in accordance with the mandates. The transfer of the cause to the supreme court shall not vacate or operate as a stay of any judgment or order of the commission, but the supreme court, or when not in session, a justice thereof, upon notice to interested parties, may suspend execution of the same with or without terms or conditions as justice and equity require; provided, however, that the execution of rate orders shall not be suspended at the request of a utility company unless the company files with the commission a bond running to the commission in an amount and with sureties approved by the court or a justice thereof conditioned that, within thirty (30) days after the termination of the proceedings, the company shall repay to the persons from whom collected, from and after the effective date of the commission’s final order, all sums in excess of the rates finally determined to be just and reasonable.
History of Section.
P.L. 1912, ch. 795, § 35; G.L. 1923, ch. 253, § 35; G.L. 1938, ch. 122, § 32; G.L. 1938, ch. 122, § 31; P.L. 1949, ch. 2174, § 1; G.L. 1956, § 39-5-4; P.L. 1969, ch. 240, § 8.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-5 - Appeals › Section 39-5-5. - Discovery of new evidence.

§ 39-5-5. Discovery of new evidence.
If after appeal has been taken to the supreme court, new evidence shall be discovered by any party, an affidavit setting forth the newly discovered evidence shall be filed in the supreme court, and if that court finds the newly discovered evidence to be of such character and sufficient importance to warrant reconsideration of the matter by the commission, the clerk of the supreme court shall transmit a copy of the affidavit to the commission for further consideration, and the court shall stay further proceedings in the supreme court for such time as it shall deem proper. The commission upon receiving the new evidence may confirm, alter, amend, rescind, or reverse the judgment or order which was appealed, and shall report its action to the court forthwith transmitting therewith a transcript of the new testimony. If the commission rescinds or reverses its prior judgment or order, the appeal shall be dismissed. If the prior order or judgment is confirmed, or if it is altered or amended, the altered or amended judgment or order shall be substituted for the original order or judgment, and the proceedings in the supreme court shall continue accordingly.
History of Section.
P.L. 1969, ch. 240, § 8; P.L. 1997, ch. 326, § 108.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-6 - Railroad Companies › Section 39-6-1. - “Railroad” defined.

§ 39-6-1. “Railroad” defined.
The word “railroad,” as used in chapters 6 — 9 of this title, except in § 39-6-15 and in § 39-9-11, shall be construed so as to include all so-called tramways and all other railroads operated by steam or other power.
History of Section.
G.L. 1896, ch. 187, § 7; G.L. 1909, ch. 215, § 10; G.L. 1923, ch. 251, § 1; G.L. 1938, ch. 124, § 1; G.L. 1956, § 39-6-1.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-6 - Railroad Companies › Section 39-6-2. - Unlicensed road as nuisance.

§ 39-6-2. Unlicensed road as nuisance.
Every railroad or portion of a railroad built in this state for public use, by itself or in connection with any other railroad, without charter or license first had and obtained from the general assembly, is declared to be a public nuisance.
History of Section.
G.L. 1896, ch. 187, § 40; G.L. 1909, ch. 215, § 44; G.L. 1923, ch. 251, § 35; G.L. 1938, ch. 124, § 35; G.L. 1956, § 39-6-2.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-6 - Railroad Companies › Section 39-6-3. - Action to abate unlicensed road.

§ 39-6-3. Action to abate unlicensed road.
In addition to the remedy by indictment for the nuisance, the attorney general shall, for the purpose of abating any nuisance, file on the part of the state, in the superior court, a civil action or information against any person or corporation who or that shall build any railroad or portion of a railroad, and the court shall take jurisdiction of, hear, determine, decree, and proceed thereon as in cases of private nuisance.
History of Section.
G.L. 1896, ch. 187, § 41; C.P.A. 1905, § 1220; G.L. 1909, ch. 215, § 45; G.L. 1923, ch. 251, § 36; G.L. 1938, ch. 124, § 36; G.L. 1956, § 39-6-3.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-6 - Railroad Companies › Section 39-6-4. - Supervision by president and directors.

§ 39-6-4. Supervision by president and directors.
The president and directors of every railroad corporation shall maintain, by themselves or by an executive committee of the directors, a watchful supervision over the management of their road.
History of Section.
G.L. 1896, ch. 187, § 10; G.L. 1909, ch. 215, § 13; G.L. 1923, ch. 251, § 4; G.L. 1938, ch. 124, § 4; G.L. 1956, § 39-6-4.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-6 - Railroad Companies › Section 39-6-5. - Stockholders’ access to books.

§ 39-6-5. Stockholders’ access to books.
Every stockholder of any railroad corporation incorporated within this state may, at all reasonable times, examine the books, papers, and accounts of the corporation in which he or she is a stockholder; and if any clerk or other officer of any railroad corporation having the custody of the books, papers, and accounts of the corporation, shall refuse to permit any stockholder of the corporation to inspect the books, papers, and accounts thereof, the person so offending shall forfeit one hundred dollars ($100).
History of Section.
G.L. 1896, ch. 187, § 39; G.L. 1909, ch. 215, § 43; G.L. 1923, ch. 251, § 34; G.L. 1938, ch. 124, § 34; G.L. 1956, § 39-6-5.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-6 - Railroad Companies › Section 39-6-6. - Security for damages required before entry on land.

§ 39-6-6. Security for damages required before entry on land.
No railroad corporation shall enter upon or use the land or materials located for the use of its railroad, except for the purpose of making surveys, until the corporation shall have given such security for the payment of all damages as shall be finally awarded for the land or materials, and for costs, as shall be required by the commissioners appointed to estimate damages; nor shall the corporation enter upon or use the land or materials unless, before the assessment by the commissioners, notice that security will be given on request in writing to the commissioners shall be served on all known persons interested in the land and materials, and residing within this state, by delivering to them or by leaving at their last and usual places of abode a written statement as provided in this section.
History of Section.
G.L. 1896, ch. 187, § 54; G.L. 1909, ch. 215, § 58; G.L. 1923, ch. 251, § 49; G.L. 1938, ch. 124, § 49; G.L. 1956, § 39-6-6; P.L. 1997, ch. 326, § 109.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-6 - Railroad Companies › Section 39-6-7. - Abandonment of condemned lands.

§ 39-6-7. Abandonment of condemned lands.
Any railroad corporation chartered by the general assembly of this state may, at any time before final court confirmation of the report of the commissioners appointed by any court, under the provisions of its charter and of law, to estimate all damages that any person shall sustain whose lands are mentioned or described in any location of the whole or any part of its railroad, abandon the whole or any part of the location, and may report the abandonment to the court; and thereupon all further proceedings by the commissioners with reference to so much of the location as shall have been so abandoned shall forthwith cease, and all costs and expenses incurred in the proceedings up to the date of the abandonment with reference to the abandoned location shall be paid by the railroad company, and the court shall make all necessary orders in the premises.
History of Section.
G.L. 1896, ch. 187, § 55; G.L. 1909, ch. 215, § 59; G.L. 1923, ch. 251, § 50; G.L. 1938, ch. 124, § 50; G.L. 1956, § 39-6-7; P.L. 1990, ch. 492, § 11.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-6 - Railroad Companies › Section 39-6-8. - Reversion of abandoned lands.

§ 39-6-8. Reversion of abandoned lands.
Any and all lands, materials, and their appurtenances, covered by an abandoned location, that may have been taken or used and not paid for by the railroad company before abandonment, shall immediately, on the report thereof to such court as provided in § 39-6-7, revert to, and the title thereof become revested in, the several owners thereof, and their respective heirs and assigns, in the same way and with the same effect as if the location had never been made, and the abandonment and reverter may be pleaded by the railroad company in offset and diminution of damages, if any, in any action or proceeding to recover damages for the taking or use.
History of Section.
G.L. 1896, ch. 187, § 56; G.L. 1909, ch. 215, § 60; G.L. 1923, ch. 251, § 51; G.L. 1938, ch. 124, § 51; G.L. 1956, § 39-6-8; P.L. 1997, ch. 326, § 109.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-6 - Railroad Companies › Section 39-6-9. - Possession of land adverse to railroad.

§ 39-6-9. Possession of land adverse to railroad.
No length of possession, user, or occupancy of land belonging to a railroad corporation by an owner or occupier of adjoining land shall hereafter create any right in or to the land of the corporation in an adjoining owner or occupant or in any person claiming under him or her.
History of Section.
P.L. 1899, ch. 657, § 1; G.L. 1909, ch. 215, § 61; G.L. 1923, ch. 251, § 52; G.L. 1938, ch. 124, § 52; G.L. 1956, § 39-6-9.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-6 - Railroad Companies › Section 39-6-10. - Adverse possession by railroad.

§ 39-6-10. Adverse possession by railroad.
No length of possession, user, or occupancy by a railroad corporation of land belonging to an adjoining owner shall hereafter create any right in or to adjoining land in the railroad corporation or in any person or corporation claiming under it.
History of Section.
P.L. 1899, ch. 657, § 2; G.L. 1909, ch. 215, § 62; G.L. 1923, ch. 251, § 53; G.L. 1938, ch. 124, § 53; G.L. 1956, § 39-6-10.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-6 - Railroad Companies › Section 39-6-11. - Citations in condemnation matters.

§ 39-6-11. Citations in condemnation matters.
Upon the application in writing of any railroad company, or of any person whose interest may be affected by the doings of the company, to the superior court for the county in which the estate affected lies, for a hearing and determination of any matter or thing whereof the superior court has jurisdiction and cognizance relative to railroads by virtue of any act of incorporation, or the provisions of § 39-6-13, the clerk shall cause a citation to issue thereon, addressed to the parties named in the application, and made returnable to the superior court in the county, which citation shall be served upon the adverse parties in the same manner as process in a civil action, and, upon the return and entry thereof, the matter shall proceed in all respects as a civil action.
History of Section.
G.L. 1896, ch. 187, § 60; C.P.A. 1905, § 1131; G.L. 1909, ch. 215, § 66; G.L. 1923, ch. 251, § 57; G.L. 1938, ch. 124, § 57; G.L. 1956, § 39-6-11.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-6 - Railroad Companies › Section 39-6-12. - Filing of location of road — Citation.

§ 39-6-12. Filing of location of road — Citation.
Whenever any railroad company shall locate its road or any part thereof, it may file the report of the location with the clerk of the superior court for the county in which the located road is situated, and may, in writing, request the action of the court thereon according to charter or general or special act, or the provisions of § 39-6-13; and thereupon the clerk shall cause a citation to issue addressed to the parties named in the application, and made returnable to the superior court in the county, which citation shall be served upon the adverse parties in the same manner as process in a civil action, and, upon the return and entry thereof, the matter shall proceed in all respects as a civil action.
History of Section.
G.L. 1896, ch. 187, § 61; C.P.A. 1905, § 1131; G.L. 1909, ch. 215, § 67; G.L. 1923, ch. 251, § 58; G.L. 1938, ch. 124, § 58; G.L. 1956, § 39-6-12.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-6 - Railroad Companies › Section 39-6-13. - Superior court jurisdiction.

§ 39-6-13. Superior court jurisdiction.
The superior court shall have the same power and jurisdiction over the cases referred to in §§ 39-6-11 and 39-6-12 as the court of common pleas, or special courts of common pleas, or common pleas division of the supreme court, formerly had by charter or by general law.
History of Section.
G.L. 1896, ch. 187, § 62; C.P.A. 1905, § 1131; G.L. 1909, ch. 215, § 68; G.L. 1923, ch. 251, § 59; G.L. 1938, ch. 124, § 59; G.L. 1956, § 39-6-13.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-6 - Railroad Companies › Section 39-6-14. - Counsel fees in actions against railroads.

§ 39-6-14. Counsel fees in actions against railroads.
If any person having lawful claims upon any railroad corporation for overcharge for freight or passage, or for injury or loss of merchandise, or for damage by unlawful or unwarrantable delay in the transportation or delivery of merchandise, or for injury to the person, or for the refusal to transport or deliver persons or property, shall give written notice of the same, addressed to the president or treasurer or master of transportation of the corporation, and delivered to either of the officers or to any agent having charge of any depot of the corporation, fourteen (14) days previous to commencing suit for the same, and if the corporation neglects or refuses to pay the lawful claim, then the complainant, if he or she recovers more than the amount, if any, tendered by the corporation, shall also recover reasonable compensation for the services of his or her counsel, to be allowed by the court in addition to the actual damage; and if a less amount shall be recovered, then a reasonable allowance shall be made by the court for the services of the counsel of the corporation, to be taxed in addition to and to be allowed with the defendant’s costs as now taxed and allowed by law.
History of Section.
G.L. 1896, ch. 187, § 34; G.L. 1909, ch. 215, § 38; G.L. 1923, ch. 251, § 29; G.L. 1938, ch. 124, § 29; G.L. 1956, § 39-6-14; P.L. 2006, ch. 216, § 12.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-6 - Railroad Companies › Section 39-6-15. - Power to operate aircraft.

§ 39-6-15. Power to operate aircraft.
Any railroad company incorporated under the laws of this state and operating a railroad in this state may acquire, own, maintain, and operate, either directly or through subsidiary corporations, aircraft for the transportation of passengers and property subject to provisions of all laws of this state relative to the operation of aircraft.
History of Section.
P.L. 1933, ch. 2049, § 1; G.L. 1938, ch. 111, § 1; G.L. 1956, § 39-6-15.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-6 - Railroad Companies › Section 39-6-16. - Conversion to electric power operation.

§ 39-6-16. Conversion to electric power operation.
Railroad corporations that are subject to the provisions of this chapter, whose roads are now operated by power other than electricity, may operate or contract for the operation of their roads with electric power, in such manner and with such changes in their roadbed or tracks as they may find best adapted thereto.
History of Section.
P.L. 1896, ch. 400, § 1; G.L. 1909, ch. 215, § 69; G.L. 1923, ch. 251, § 60; G.L. 1938, ch. 124, § 60; G.L. 1956, § 39-6-16.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-6 - Railroad Companies › Section 39-6-17. - Operation of trains over tracks of another company.

§ 39-6-17. Operation of trains over tracks of another company.
Railroad corporations and street railroad companies may contract that either shall perform transportation of persons and property upon and over the whole or any part of the road of the other, so far as the other has then the right by law to perform the transportation, and may contract with each other for the lease, use, or sale of their respective roads, or any part thereof, upon such terms as the directors may agree, and as may be approved by a majority of the stockholders of both corporations present and voting at meetings called for that purpose, and the corporation operating any portion of any railroad under any contract or sale shall have, in addition to its own powers, privileges, and franchises, all the powers, privileges, and franchises of the other party thereto in respect to the road, and be subject to and perform all the public duties and obligations of the other party in respect thereto.
History of Section.
P.L. 1896, ch. 400, § 2; G.L. 1909, ch. 215, § 70; G.L. 1923, ch. 251, § 61; G.L. 1938, ch. 124, § 61; G.L. 1956, § 39-6-17.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-6 - Railroad Companies › Section 39-6-18. - Reduction of facilities by agreements — Filing of contracts.

§ 39-6-18. Reduction of facilities by agreements — Filing of contracts.
The facilities for travel and business on either of the roads of any corporations acting under the provisions of §§ 39-6-16 — 39-6-18 shall not be diminished by the terms or conditions of any agreement under this chapter, and copies of all contracts made under the provisions of the sections shall be filed with the division of public utilities and carriers within thirty (30) days after execution thereof, which shall set forth a full statement thereof in its next annual report.
History of Section.
P.L. 1896, ch. 400, § 3; G.L. 1909, ch. 215, § 71; G.L. 1923, ch. 251, § 62; G.L. 1938, ch. 124, § 62; G.L. 1956, § 39-6-18; P.L. 1997, ch. 326, § 109.
2023 Rhode Island General Laws › Title 39 - Public Utilities and Carriers › Chapter 39-6 - Railroad Companies › Section 39-6-19. - Sale of equipment with reserved title or lien — Lease with option to purchase.

§ 39-6-19. Sale of equipment with reserved title or lien — Lease with option to purchase.
In any contract for the sale of railroad or street railway equipment or rolling stock, it shall be lawful to agree that the title to the property sold, or contracted to be sold, although possession thereof may be delivered immediately or at any time or times subsequently, shall not vest in the purchaser until the purchase price shall be fully paid, or that the seller shall have and retain a lien thereon for the unpaid purchase money. In any contract for the leasing or hiring of property, it shall be lawful to stipulate for a conditional sale thereof at the termination of the contract, and that the rentals or amounts to be received under the contract may, as paid, be applied and treated as purchase money, and that the title to the property shall not vest in the lessee or bailee until the purchase price shall have been paid in full and until the terms of the contract shall have been fully performed, notwithstanding delivery to and possession by the lessee or bailee; provided, that no such contract shall be valid as against any subsequent judgment creditor, or any subsequent bona fide purchaser for value and without notice, unless:
(1)
The contract shall be evidenced by an instrument executed by the parties and duly acknowledged by the vendee or lessee or bailee, as the case may be, or duly proved, before some person authorized by law to take acknowledgment of deeds, and in the same manner as deeds are acknowledged or proved;
(2)
The instrument shall be filed for record in the office of the secretary of state;
(3)
Each locomotive engine or car so sold, leased, or hired, or contracted to be sold, leased, or hired, shall have the name of the vendor, lessor, or bailor plainly marked on each side thereof, followed by the word “Owner,” or “Lessor,” or “Bailor,” as the case may be.
History of Section.
G.L. 1896, ch. 187, § 57; G.L. 1909, ch. 215, § 63; G.L. 1923, ch. 251, § 54; G.L. 1938, ch. 124, § 54; G.L. 1956, § 39-6-19; P.L. 1997, ch. 326, § 109.