reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 470 - Motor Vehicle Arbitration Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Regulations Governing the Rhode Island Motor Vehicle Arbitration Board › Section 470-RICR-00-00-1.2 - Definitions

Current through June 14, 2024
A. The following words and phrases, which are used in these regulations, shall, for the purposes of said regulations, have the following meanings:
1. "Days" means calendar days.
2. "Dealer" means any person engaged in the business of selling, offering to sell, soliciting, or advertising the sale of new motor vehicles.
3. "Director" means the Attorney General or his or her designee.
4. "Dispute settlement panel" means panel selected by the Director to resolve disputes regarding motor vehicle nonconformity(ies) through summary administrative hearings. A settlement panel shall consist of at least three (3) members of the Motor Vehicle Arbitration Board.
5. "Manufacturer" means any person, partnership, firm, association, corporation or trust, resident or nonresident which is engaged in the business of manufacturing or assembling new motor vehicles, or, which is engaged in the business of importing new motor vehicles which are manufactured or assembled outside the United States.
6. "Motor vehicle" or "Vehicle" means an automobile, truck, motorcycle or van having a registered gross vehicle weight of less than ten thousand (10,000) pounds, sold, leased, or replaced by a dealer or manufacturer after July 1, 2005, except that it shall not include a motorized camper as defined in R.I. Gen. Laws §
											31-1-3.
7. "Nonconformity" means any specific or generic defect or malfunction, or any concurrent combination of such defects or malfunctions that substantially impairs the use, market value or safety of a motor vehicle.
8. "Term of protection" means one year or fifteen thousand (15,000) miles of use from the date of original delivery of a new motor vehicle to the consumer, whichever comes first; or, in the case of a replacement vehicle provided by a manufacturer to the consumer under this Part, one year or fifteen thousand (15,000) miles from the date of delivery to the consumer of that replacement vehicle, whichever comes first.
Rhode Island Code of Regulations › Title 470 - Motor Vehicle Arbitration Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Regulations Governing the Rhode Island Motor Vehicle Arbitration Board › Section 470-RICR-00-00-1.3 - Motor Vehicle Dispute Settlement Panel(s)

Current through June 14, 2024
A. The Director shall establish one or more motor vehicle dispute settlement panels within the Motor Vehicle Arbitration Board, which shall consist of at least three (3) members.
B. The Director shall appoint the chairperson of all panels for the duration of the particular panel.
C. Each panel member shall sign a written oath attesting to his or her impartiality prior to the commencement of each arbitration hearing.
D. The settlement panel shall report its findings to the full Motor Vehicle Arbitration Board for a vote.
E. Vote by the Motor Vehicle Arbitration Board - a majority of those members present at the time of the vote shall constitute a valid vote by the Motor Vehicle Arbitration Board.
F. Proxy voting is prohibited.
Rhode Island Code of Regulations › Title 470 - Motor Vehicle Arbitration Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Regulations Governing the Rhode Island Motor Vehicle Arbitration Board › Section 470-RICR-00-00-1.4 - Technical Experts

Current through June 14, 2024
A. The Director may assign automotive technical experts certified by the National Institute of Automotive Service Excellence ("NIASE") as advisors and consultants to each arbitration panel hearing automotive cases, as needed.
B. The Director may assign motorcycle technicians, who in the opinion of the Motor Vehicle Arbitration Board, based upon experience and/or education qualify as experts.
C. Said technical expert shall be present whenever oral testimony is presented.
D. In the event of a documentary hearing, such expert shall be available to the arbitration panel. Such expert need not be present at the hearing, unless requested by the chairperson of the sitting panel.
E. Each expert shall sign a written oath attesting to his or her impartiality prior to the commencement of each arbitration hearing.
Rhode Island Code of Regulations › Title 470 - Motor Vehicle Arbitration Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Regulations Governing the Rhode Island Motor Vehicle Arbitration Board › Section 470-RICR-00-00-1.5 - Request for Arbitration Procedure

Current through June 14, 2024
A. Consumers shall file a request for arbitration on a form supplied upon request from the Motor Vehicle Arbitration Board, along with a nonrefundable filing fee of twenty dollars ($20) by certified check or money order, payable to the "State of Rhode Island Department of Attorney General."
B. Upon receipt of the filing fee, the request for arbitration shall be time-stamped to indicate its acceptance.
C. Submitted requests for arbitration shall be reviewed by the Director for completeness and compliance with R.I. Gen. Laws § 31-5.2.
1. Incomplete requests shall be promptly returned to the consumer for completion.
2. Applications not in compliance with R.I. Gen. Laws § 31-5.2 will be rejected. The reason for the rejection shall be sent to the consumer.
3. The Motor Vehicle Arbitration Board shall notify the consumer of the acceptance or rejection of the request for arbitration within ten (10) days of receipt.
4. The request shall be submitted to the Motor Vehicle Arbitration Board no later than sixty (60) days after the expiration of the one year period from the date of purchase.
Rhode Island Code of Regulations › Title 470 - Motor Vehicle Arbitration Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Regulations Governing the Rhode Island Motor Vehicle Arbitration Board › Section 470-RICR-00-00-1.6 - Request for Arbitration

Current through June 14, 2024
A. Requests for arbitration form shall include, but not be limited to, the following information:
1. The name, address and telephone number of the consumer and any lien holder;
2. The name, address and, telephone number of the consumer's legal counsel, if applicable;
3. The date of purchase and date of delivery of the motor vehicle to the consumer, the make, model and manufacturer of the vehicle, the vehicle identification number, and whether the vehicle was sold or was a leased vehicle;
4. The present mileage and the mileage on the vehicle when first brought for repairs for the nonconformity;
5. The name and address of the selling dealer and all dealers who attempted to repair the vehicle for the nonconformity.
6. Statement by the consumer as to the following:
a. The consumer believes the motor vehicle's use, market value, or safety is substantially impaired by the non-conformities in his or her request for arbitration;
b. The nonconformities are not the result of owner abuse, neglect, or unauthorized modifications of the motor vehicle by anyone other than the manufacturer or its dealer;
c. The nonconformity is not the result of damage caused by an accident;
d. That within the term of protection, the manufacturer, its agent, or authorized dealer failed in at least four (4) attempts to correct the same substantial defect(s), or the vehicle was out of service by reason of repair for at least thirty (30) days;
e. Regarding the consumer's chosen form of arbitration hearing, whether oral or written;
f. Regarding the consumer's assessment of what actions would constitute a fair resolution of the dispute;
g. A signed agreement by the consumer to arbitrate.
Rhode Island Code of Regulations › Title 470 - Motor Vehicle Arbitration Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Regulations Governing the Rhode Island Motor Vehicle Arbitration Board › Section 470-RICR-00-00-1.7 - Manufacturer's Statement

Current through June 14, 2024
A. Within twenty (20) days of receipt of the notice of arbitration, the manufacturer shall send by certified mail, return receipt requested, to the Motor Vehicle Arbitration Board and to the consumer's response to each of the statements set forth in the consumer's request for arbitration form and a non-refundable fee of fifty ($50) dollars and the following:
1. The name, address, and telephone number of the selling dealer;
2. The name, address, and telephone of all servicing dealerships;
3. The date of purchase and date of delivery of the motor vehicle to the consumer and whether the vehicle was sold as new or if the vehicle was a leased vehicle;
4. The make, model and vehicle identification number;
5. Dates and nature of service provided by all servicing dealerships or facilities and the number of calendar days the vehicle was at any dealership or facility for service since the date of delivery;
6. Photocopies of all warranties, including extended warranties, if any;
7. Photocopies of all maintenance services and repair orders for the vehicle;
8. Photocopies of all correspondence between the consumer and to manufacturer or its representatives.
9. A statement regarding the manufacturer's assessment of what would constitute a fair and equitable resolution of the dispute.
Rhode Island Code of Regulations › Title 470 - Motor Vehicle Arbitration Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Regulations Governing the Rhode Island Motor Vehicle Arbitration Board › Section 470-RICR-00-00-1.8 - Notification and Schedule of Hearings

Current through June 14, 2024
A. Within thirty (30) days after the effective date of adoption of these regulations, each manufacturer of motor vehicles sold or leased in Rhode Island shall forward to the Motor Vehicle Arbitration Board the name, address, and telephone number of the individual designated by the manufacturer to receive notices under this automotive dispute settlement process. It shall be the duty of the manufacturer to update this information, as necessary.
B. Within ten (10) days that an application is accepted for resolution, a notice shall be mailed certified mail, return receipt requested, by the Motor Vehicle Arbitration Board to the consumer and the manufacturer's designee. General information about the arbitration process shall be included. A copy of the consumer's request for arbitration and any other pertinent information shall be sent to the manufacturer or its designee. If the manufacturer had not been given a previous opportunity by the consumer under R.I. Gen. Laws §
										31-5.2-5, it shall have one final opportunity to cure the nonconformities within seven (7) calendar days of receipt of the notice, or within a reasonable period of time as agreed upon by the consumer and the manufacturer.
C. Within forty-five (45) days of acceptance of the request for arbitration, the Motor Vehicle Arbitration Board shall schedule a hearing date.
1. Hearing schedules shall attempt to accommodate the time-of-day needs of the consumer, manufacturer, and panel members, to the greatest extent possible.
2. Evening and weekend hours shall be made available, if justified.
Rhode Island Code of Regulations › Title 470 - Motor Vehicle Arbitration Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Regulations Governing the Rhode Island Motor Vehicle Arbitration Board › Section 470-RICR-00-00-1.9 - Rescheduling of Hearings

Current through June 14, 2024
A. Each party shall be allowed only one request to reschedule a hearing. A rescheduled hearing cannot again be rescheduled by the party who requested the original rescheduling.
1. The Motor Vehicle Arbitration Board may allow a second request to reschedule only in extraordinary circumstances.
Rhode Island Code of Regulations › Title 470 - Motor Vehicle Arbitration Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Regulations Governing the Rhode Island Motor Vehicle Arbitration Board › Section 470-RICR-00-00-1.10 - Defaults

Current through June 14, 2024
A. A consumer defaults when he or she either requests to schedule a hearing on the day of the hearing and it is not granted under §
										1.9(A)(1)     of this Part or fails to appear at the hearing.
1. If the consumer defaults, it shall be considered a withdrawal of the request for arbitration and the hearing shall be cancelled.
2. If the consumer by the end of the next business day following the hearing demonstrates to the Motor Vehicle Arbitration Board good cause for defaulting, the consumer will be allowed to reschedule, pursuant to §
											1.9     of this Part.
Rhode Island Code of Regulations › Title 470 - Motor Vehicle Arbitration Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Regulations Governing the Rhode Island Motor Vehicle Arbitration Board › Section 470-RICR-00-00-1.11 - Withdrawals of Petition for Arbitration

Current through June 14, 2024
A. A consumer may withdraw his or her request for arbitration at anytime prior to the day of the hearing and shall constitute a full and complete withdrawal from the dispute resolution process.
1. Voluntary withdrawals shall be preserved for six (6) months after the consumer's first voluntary withdrawal and the requirement, pursuant to §
											1.5     of this Part, shall be extended by six (6) months.
Rhode Island Code of Regulations › Title 470 - Motor Vehicle Arbitration Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Regulations Governing the Rhode Island Motor Vehicle Arbitration Board › Section 470-RICR-00-00-1.12 - Representation by Counsel or Other Third Party

Current through June 14, 2024
A. Any party to an oral arbitration hearing may be represented by counsel. If either party opts to be so represented, said party shall notify the Motor Vehicle Arbitration Board of the name and address of the attorney, no later than seven (7) days prior to the scheduled date of the arbitration hearing. The Motor Vehicle Arbitration Board shall immediately forward such information to the opposing party.
B. Either party may be accompanied by any chosen third party, other than legal counsel, without prior notice. Such third party may also act as interpreter if a language barrier or handicap exists.
C. A third party, other than legal counsel, may present either party's case before the panel, provided the Motor Vehicle Arbitration Board is informed of this intention and of the name and address of said third party, no later than three (3) days before the hearing.
Rhode Island Code of Regulations › Title 470 - Motor Vehicle Arbitration Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Regulations Governing the Rhode Island Motor Vehicle Arbitration Board › Section 470-RICR-00-00-1.13 - Conduct of Oral Arbitration Hearings

Current through June 14, 2024
A. Each party at an oral arbitration hearing shall have the right to present evidence, cross-examine witnesses, enter objections, and assert all other rights essential to a fair hearing.
B. The chairperson of the arbitration panel shall preside at the arbitration hearing and shall require all witnesses to testify under oath or affirm that their statements are true to the best of their knowledge.
C. The hearing shall be opened by the recording of the place, time and date, and identities of the arbitrators and parties and counsel, if any.
1. The panel chairperson shall read into the record the written oath signed by each of the panel members, attesting to or her impartiality in hearing the case.
Rhode Island Code of Regulations › Title 470 - Motor Vehicle Arbitration Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Regulations Governing the Rhode Island Motor Vehicle Arbitration Board › Section 470-RICR-00-00-1.14 - Conduct of Documentary Arbitration Hearings

Current through June 14, 2024
A. If the consumer elects a documentary arbitration procedure, the Motor Vehicle Arbitration Board shall gather and disseminate all documentary information and evidence in accordance with the following procedures:
1. The Motor Vehicle Arbitration Board shall notify the consumer by first class mail that he or she must submit a sworn or affirmed statement as to the facts of the dispute and any evidence that he or she wishes the panel to consider. The consumer shall forward said documentation to the Motor Vehicle Arbitration Board within fourteen (14) days from the date of his or her receipt of notice;
2. The Motor Vehicle Arbitration Board shall notify the manufacturer of the dispute, pursuant to §
											1.8(B)     of this Part. The manufacturers shall submit a sworn or affirmed statement as to the facts of the dispute, any evidence the manufacturer wishes the panel to consider and comply with §
											1.7     of this Part.
3. Upon receipt of both the consumer's and manufacturer's sworn or affirmed statements and documentary evidence, the Motor Vehicle Arbitration Board shall, by first class mail, forward copies of the consumers' submissions to the manufacturer and forward copies of the manufacturer's submission to the consumer.
Rhode Island Code of Regulations › Title 470 - Motor Vehicle Arbitration Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Regulations Governing the Rhode Island Motor Vehicle Arbitration Board › Section 470-RICR-00-00-1.15 - Pre-decision Settlement of Dispute

Current through June 14, 2024
One or both of the parties shall notify the Motor Vehicle Arbitration Board if the dispute is settled at any time after the filing date and before the decision is rendered. The Motor Vehicle Arbitration board shall thereupon verify the terms of the settlement and the date for performance to which the parties have agreed, if applicable. Said settlement shall be set forth as an award. The consumer shall notify the Motor Vehicle Arbitration Board if compliance has not occurred by said date, and the arbitration process shall recommence at the point at which it had been interrupted by the notification to the Motor Vehicle Arbitration Board of the pre-decision settlement.
Rhode Island Code of Regulations › Title 470 - Motor Vehicle Arbitration Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Regulations Governing the Rhode Island Motor Vehicle Arbitration Board › Section 470-RICR-00-00-1.16 - Basis of Decision

Current through June 14, 2024
A. The panel shall grant to the consumer the relief specified in R.I. Gen. Laws §
										31-5.2-3 and any other relief available under applicable warranties of the Magnuson-Moss Warranty Federal Trade Commission Improvement Act, 88 Stat. 2183 (1975),  15 U.S.C. §
											2301  et seq. as in effect on October 1, 1982, and any other applicable state or federal statute.
B. The panel shall dismiss the dispute if it finds, after considering all of the evidence presented, that the consumer is not entitled to relief hereunder.
Rhode Island Code of Regulations › Title 470 - Motor Vehicle Arbitration Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Regulations Governing the Rhode Island Motor Vehicle Arbitration Board › Section 470-RICR-00-00-1.17 - Notice of Arbitration Decision

Current through June 14, 2024
A. The panel's decision shall be rendered within ten (10) days following the close of the arbitration hearing The decision shall be rendered by the agreement of the majority of the Motor Vehicle Arbitration Board.
B. The decision shall be written by the Director and shall be signed by the agreeing majority of arbitrators. In the event that the Director dissents from the majority decision, he or she shall designate one of the agreeing arbitrators to write the decision in his or her seat. Said decision shall be filed with the Motor Vehicle Arbitration Board. The Motor Vehicle Arbitration Board shall thereupon forward copies of said decision to the consumer, the manufacturer and arbitrators by first class mail.
a. Forwarded copies shall not disclose how each individual panel member voted.
Rhode Island Code of Regulations › Title 470 - Motor Vehicle Arbitration Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Regulations Governing the Rhode Island Motor Vehicle Arbitration Board › Section 470-RICR-00-00-1.18 - Compliance with Panel's Decision

Current through June 14, 2024
A. The manufacturer shall advise the Motor Vehicle Arbitration Board as to its compliance with the panel's decision, no later than ten (10) days following the date stated for completion of all awarded remedies.
1. The Motor Vehicle Arbitration Board shall contact the consumer, by any means, within ten (10) days after the date for performance, to determine whether performance has occurred.
Rhode Island Code of Regulations › Title 470 - Motor Vehicle Arbitration Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Regulations Governing the Rhode Island Motor Vehicle Arbitration Board › Section 470-RICR-00-00-1.19 - Notice to Consumers

Current through June 14, 2024
A. Every new motor vehicle dealer shall as a condition of licensure by the State of Rhode Island prominently post in its place of business a notice of the Motor Vehicle Arbitration Board's motor vehicle dispute settlement program.
1. The sign shall read as follows:
MOTOR VEHICLE ARBITRATION BOARD:
IF THE SAME SUBSTANTIAL DEFECT PERSISTS WITH YOUR NEW MOTOR VEHICLE AFTER 4 ATTEMPTS TO RESOLVE IT OR IF YOU ARE WITHOUT THE USE OF YOUR CAR FOR A TOTAL OF 30 DAYS OR MORE BY REASON OF REPAIR, DURING THE TERM OF PROTECTION, YOU MAY BE ELIGIBLE FOR RECOURSE UNDER RHODE ISLAND LAW (SECTION 31-5.2-5).
FOR MORE INFORMATION, CONTACT:
MOTOR VEHICLE ARBITRATION BOARD
RHODE ISLAND DEPARTMENT OF ATTORNEY GENERAL
150 SOUTH MAIN STREET PROVIDENCE, RI 02903
PHONE: (401) 274-4400
FAX: (401) 222-1302
Rhode Island Code of Regulations › Title 470 - Motor Vehicle Arbitration Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Regulations Governing the Rhode Island Motor Vehicle Arbitration Board › Section 470-RICR-00-00-1.20 - Record Keeping

Current through June 14, 2024
A. The Motor Vehicle Arbitration Board shall maintain records of each dispute, which shall include:
1. The name, address, and telephone number of the consumer;
2. The name, address, telephone number, and contact person of the manufacturer;
3. Brand name and model of the vehicle;
4. The filing date of the dispute, the date of which the arbitration decision was rendered, and the date of the official notification to all parties of the decision;
5. All correspondence or other written documents submitted by both parties;
6. All other evidence collected by the Motor Vehicle Arbitration Board relating to the dispute;
7. A transcript or tape recording of all oral arbitration hearings;
8. The decision of the panel, including information as to the time, date, and place of the arbitration hearing, and the identities of the voting arbitrators;
9. A copy of the official written notice to the parties of the decision.
10. A record of the follow-up contact to the consumer and the response thereto;
11. Copies of any and all other documents, notated telephone conversations, or other communications relevant to the dispute.
Rhode Island Code of Regulations › Title 475 - Personnel Appeals Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Personnel Appeal Board › Section 475-RICR-00-00-1.1 - Organization

Current through June 14, 2024
A. The Personnel Appeal Board is constituted as set forth in R.I. Gen. Laws §§
										36-3-6 and  36-3-7. The Personnel Appeal Board exercises the powers and performs the duties conferred or imposed upon it by R.I. Gen. Laws Chapters 36-3 and 36-4 and such other powers and duties as may from time to time be otherwise conferred or imposed upon it by law.
B. The Personnel Appeal Board shall maintain its office at the William E. Powers Administration Building, One Capitol Hill, 3rd Floor, Providence, Rhode Island 02908.
Rhode Island Code of Regulations › Title 475 - Personnel Appeals Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Personnel Appeal Board › Section 475-RICR-00-00-1.3 - Practice before the Board

Current through June 14, 2024
A. No person shall appear in a representative capacity before the Board other than attorneys at law duly qualified and entitled to practice before the Supreme Court of the State of Rhode Island and attorneys at law duly qualified and entitled to practice before the highest court of record of any other State, if the attorneys at law of the State of Rhode Island are permitted to appear in a representative capacity before administrative agencies of such other State, and if not otherwise prohibited by state law, but the Board may, in circumstances it deems appropriate, permit any properly designated individual to represent either party.
B. All persons appearing in proceedings before the Board in a representative capacity shall conform to the standards of ethical conduct required of attorneys before the courts of Rhode Island. If any such person does not conform to such standards, the Board may decline to permit such person to appear in a representative capacity in any proceeding before the Board.
Rhode Island Code of Regulations › Title 475 - Personnel Appeals Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Personnel Appeal Board › Section 475-RICR-00-00-1.4 - Subpoena Power

Current through June 14, 2024
A. The Board is hereby authorized to require the attendance of witnesses by subpoena and to acquire the production of books, papers and documents at any hearings pursuant to R.I. Gen. Laws §
										36-3-10.
1. In accordance with authorization by R.I. Gen. Laws §
											36-3-10.1 the Board retains unto itself the sole power to authorize issuance of a subpoena.
2. Subpoenas issued by and in the name of the Board shall be signed by its Presiding Officer at time of issue after a majority vote thereon.
3. No subpoena shall by Motion of the Board be approved for issue unless the Board determines that the public interest or the interest of justice be served thereby.
4. The Board or any party to a proceeding before it may petition for the issuance of a subpoena for production, at a subsequent hearing, a witness, documents, or materials related to the relevancy of the action before the Board. However, other than the Board, the party requesting such subpoena shall establish the reasonableness of such subpoena request by detailing the relevancy and necessity for its issuance and the materiality of the evidence being sought.
5. A subpoena issued by the Board may be modified or quashed by the Board, upon motion and a showing that such subpoena is unreasonable or oppressive.
6. In subpoenas granted for issuance to any party to a proceeding before the Board, service of same shall be arranged by the moving party in accordance with the provisions contained in Super. R. Civ. P. 33.
Rhode Island Code of Regulations › Title 475 - Personnel Appeals Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Personnel Appeal Board › Section 475-RICR-00-00-1.5 - Public Hearings and Reviews

Current through June 14, 2024
A. Public hearings and reviews required by law shall be conducted in accordance with these rules and regulations. The Board may nevertheless, in its discretion, conduct informal hearings or investigations in such manner and according to such procedures as established by the Administrative Procedures Act, R.I. Gen. Laws §
										42-35-1 et seq.
B. In any contested case, all parties shall be served with notice provided for by law, but in the absence of such provision, the Board may order such notice in accordance with the provisions of the Administrative Procedures Act, R.I. Gen. Laws §
										42-35-1 et seq.
1.5.1
Review Conference Rule
A. In any proceeding the Board may on its own or upon the motion of a party or their qualified representatives, in its discretion, direct the parties or their qualified representatives to appear at a specified time and place for a conference with the Board or a designated member thereof to consider:
1. The simplification of the issues;
2. The necessity of amendments to the pleadings;
3. The possibility of obtaining stipulations, admissions of facts, and documents;
4. The limitation of the number of expert witnesses;
5. Such other matters as may aid in the disposition of the proceeding.
Rhode Island Code of Regulations › Title 475 - Personnel Appeals Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Personnel Appeal Board › Section 475-RICR-00-00-1.7 - Public Information

Current through June 14, 2024
Members of the general public who desire to secure information, make submissions or requests in accordance with the applicable statutes of the Board, register complaints, or to conduct business in any manner whatsoever with the Board, may do so in writing delivered to the Board or may appear in person at the office of said Board, at the William E. Powers Administration Building, One Capitol Hill, 3rd Floor, Providence, Rhode Island, during the regular business hours.
Rhode Island Code of Regulations › Title 475 - Personnel Appeals Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Personnel Appeal Board › Section 475-RICR-00-00-1.8 - Contested Cases

Current through June 14, 2024
A. In any contested case, all parties shall be afforded an opportunity for hearing after reasonable notice. The notice shall include:
1. A statement of the time, place, and nature of the hearing;
2. A statement of legal authority and jurisdiction under which the hearing is to be held;
3. A reference to the particular sections of the statutes and rules involved;
4. A short and plain statement of the matters inserted. If the Board or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved, and thereafter upon application a more definite and detailed statement shall be furnished.
a. Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved.
b. Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.
c. The record in a contested case shall include:
(1) all pleadings, motions, intermediate rulings;
(2) evidence received or considered;
(3) a statement of matters officially noticed;
(4) questions and offers of proof and rulings thereon;
(5) proposed findings and exceptions;
(6) any decision, opinion, or report by the officer presiding at the hearing.
d. All staff memoranda or data submitted to the hearing officer or members of the Board in connection with their consideration of the case.
e. Oral proceedings or any part thereof shall be transcribed on request of any party.
Rhode Island Code of Regulations › Title 475 - Personnel Appeals Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Personnel Appeal Board › Section 475-RICR-00-00-1.9 - Decisions or Orders

Current through June 14, 2024
Any final decision or order adverse to a party in a contested case shall be in writing or stated in the record. Any final decision shall include findings of fact and conclusions of law, separately states. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If a party, in accordance with Board rules, submitted proposed findings of fact, the decision shall include ruling upon each proposed finding. Parties shall be notified either personally or by mail of any decision or order. Upon request a copy of the decision or order shall be delivered or mailed forthwith to each party and to his attorney of record.
Rhode Island Code of Regulations › Title 475 - Personnel Appeals Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Personnel Appeal Board › Section 475-RICR-00-00-1.10 - Declaratory Judgment

Current through June 14, 2024
The validity or applicability of any rule may be determined in an action for declaratory judgment in the Superior Court of Providence County, when it is alleged that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair the legal rights or privileges of the plaintiff. The Board shall be made a party to the action. A declaratory judgment may be rendered whether or not the plaintiff has requested the Board to pass upon the validity or applicability of the rule in question.
Rhode Island Code of Regulations › Title 480 - State Housing Appeals Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Access to Public Records (480-RICR-00-00-1) › Section 480-RICR-00-00-1.1 - INTRODUCTION/PURPOSE

Current through June 14, 2024
These Rules establish the procedures to be utilized by the State Housing Appeals Board ("SHAB") to comply with the Access to Public Records Act, as codified at R.I. Gen. Laws Chapter 38-2. These Rules shall be interpreted and applied in a manner to facilitate public access to SHAB's records.
Rhode Island Code of Regulations › Title 480 - State Housing Appeals Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Access to Public Records (480-RICR-00-00-1) › Section 480-RICR-00-00-1.2 - DEFINITIONS

Current through June 14, 2024
"SHAB" means the State Housing Appeals Board as created and empowered by the Low and Moderate Housing Income Act, Chapter 45-53 of the Rhode Island General Laws, as amended.
"Public Record" shall be interpreted consistent with the statutory definition codified at R.I. Gen. Laws §
										38-2-2(4)  of the Access to Public Records Act, as amended.
"Rules" means these regulatory provisions relating to the access to SHAB's public records, as promulgated and amended pursuant to the provisions of the Rhode Island Administrative Procedures Act.
Rhode Island Code of Regulations › Title 480 - State Housing Appeals Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Access to Public Records (480-RICR-00-00-1) › Section 480-RICR-00-00-1.3 - DISCLOSURE OF PUBLIC RECORDS

Current through June 14, 2024
All Public Records maintained or held by SHAB shall be subject to inspection and reproduction by the public in accordance with the provisions of the Access to Public Records Act and these Rules, unless otherwise exempted from disclosure by federal or state laws or by an order of a court of competent jurisdiction.
Rhode Island Code of Regulations › Title 480 - State Housing Appeals Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Access to Public Records (480-RICR-00-00-1) › Section 480-RICR-00-00-1.4 - PROCEDURES TO REQUEST AND RECEIVE PUBLIC RECORDS

Current through June 14, 2024
A. A request to inspect, copy and/or receive SHAB's Public Records (the "Request") shall be directed to SHAB orally or in writing at its offices located at 44 Washington Street, Providence, RI, 02903, during SHAB's business hours of 8:30 a.m. - 5:00 p.m. SHAB shall not require a written request for readily available public information such as its meeting notices published under the Open Meetings Act, the minutes of its meetings or any rules or regulations that it has promulgated.
B. The Chair of SHAB shall designate a member of SHAB or its administrative staff who shall review the Request and, with the advice of SHAB's Legal Counsel, determine whether each requested document constitutes a Public Record subject to disclosure.
C. SHAB will undertake all reasonable efforts to respond to the Request within ten (10) business days of its receipt. If SHAB is unable to comply within this time frame, it shall inform the requesting party of the need to extend the response date by no more than thirty (30) business days and shall state the good cause necessitating the extended response period.
D. SHAB shall not be obligated to produce for inspection or copy records which are not in its possession. If a Public Record is in storage and is therefore not available for inspection, SHAB shall inform the requesting party of this fact and make arrangements to retrieve the records as expeditiously as they may be made available.
E. Any person or entity requesting copies of SHAB's Public Records may elect to obtain them in any and all media in which SHAB is capable of providing them. To the extent that SHAB maintains any Public Records in a computer storage system, it shall provide any data properly identified in a printout or other reasonable format, as requested.
F. SHAB is not required to reorganize, consolidate, or compile data which is not maintained in the form requested at the time of the request to inspect Public Records, except to the extent that such Public Records are in an electronic format and SHAB would not be unduly burdened producing such data.
G. The Chair's designee may restrict access to specified times and days, consistent with these Rules, if it is determined that this is reasonably necessary or appropriate to prevent unnecessary disruption of SHAB's work.
Rhode Island Code of Regulations › Title 480 - State Housing Appeals Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Access to Public Records (480-RICR-00-00-1) › Section 480-RICR-00-00-1.5 - COSTS

Current through June 14, 2024
A. SHAB shall charge fifteen cents (.15) per copied page of written documents provided to the public.
B. SHAB shall also charge fifteen dollars ($15.00) per hour for the costs of search and retrieval of documents. However, no costs shall be charged for the first hour of a search or retrieval.
C. SHAB shall provide an estimate of the costs to comply with a request for documents prior to producing copies of Public Records.
D. Upon request, SHAB shall provide a detailed itemization of the costs charged for search and retrieval.
Rhode Island Code of Regulations › Title 480 - State Housing Appeals Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Access to Public Records (480-RICR-00-00-1) › Section 480-RICR-00-00-1.6 - DENIAL OF ACCESS AND ADMINISTRATIVE APPEALS

Current through June 14, 2024
A. If SHAB has denied access to any record or redacted portions of any record on the basis that the information is not subject to public disclosure, it shall provide a written explanation of the specific reasons for its determinations. Such writing shall be completed within the time periods prescribed by §
										1.4(c)     of this Part above.
B. Any person or entity, who has been denied access to any record of SHAB or portion thereof, may petition SHAB's Chair for a review of the determinations made by his or her designee. SHAB's Chair shall make a final written ruling within ten (10) business days after the submission of the review petition. All petitions for review should be directed to the attention of SHAB's Chair at 44 Washington Street, Providence, RI, 02903.
C. If SHAB's Chair determines that a record or portion thereof is not subject to public inspection, the person or entity may seek further legal remedies as permitted under the Access to Public Records Act, including the filing of a complaint to the Rhode Island Attorney General or a civil complaint in the Rhode Island Superior Court.
Rhode Island Code of Regulations › Title 480 - State Housing Appeals Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules Implementing the Rhode Island Low and Moderate Income Housing Act (480-RICR-00-00-2) › Section 480-RICR-00-00-2.1 - Purpose and Authority

Current through June 14, 2024
A. The General Assembly hereby finds and declares that there exists an acute shortage of affordable, accessible, safe and sanitary housing for its citizens of low and moderate income, both individuals and families; that it is imperative that action be taken immediately to assure the availability of affordable, accessible, safe and sanitary housing for these persons; that it is necessary that each city and town provide opportunities for the establishment of low and moderate income housing; and that the provisions of this chapter are necessary to assure the health, safety and welfare of all citizens of this state and that each citizen enjoys the right to affordable, accessible, safe and sanitary housing. It is further declared to be the purpose of this chapter to provide for housing opportunities for low and moderate income individuals and families in each city and town of the state.
B. Authority to establish rules and regulations is given to the chair of the State Housing Appeals Board pursuant to R.I. Gen. Laws Chapter 45-53.
Rhode Island Code of Regulations › Title 480 - State Housing Appeals Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules Implementing the Rhode Island Low and Moderate Income Housing Act (480-RICR-00-00-2) › Section 480-RICR-00-00-2.3 - General Provisions of the State Housing Appeals Board

Current through June 14, 2024
A. The State Housing Appeals Board shall maintain official records of all proceedings and maintain a file of all papers submitted to it for every proceeding to which these rules apply.
B. The principal office of the State Housing Appeals Board is located within the offices of Rhode Island Housing and Mortgage Finance Corporation. The office shall be open from 8:30 am to 5:00 pm daily, except Saturdays, Sundays and legal holidays.
C. All communications should be addressed to the State Housing Appeals Board, c/o Rhode Island Housing and Mortgage Finance Corporation.
D. All communications shall be deemed to be filed or received on the day on which they are actually received in the offices of Rhode Island Housing and Mortgage Finance Corporation.
E. Computation of any period of time referred to in these rules shall begin with the first day following the day upon which the action initiating such time period occurs. The last day of the period being computed is to be included unless it is a day on which the office of Rhode Island Housing and Mortgage Finance Corporation is closed, in which event the period shall run until the end of the next following business day.
F. Every application, statement and other document shall be signed by the filing party or at the discretion of the Board it shall not be reviewed.
Rhode Island Code of Regulations › Title 480 - State Housing Appeals Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules Implementing the Rhode Island Low and Moderate Income Housing Act (480-RICR-00-00-2) › Section 480-RICR-00-00-2.4 - Conditions under which an Appeal may be Filed

Current through June 14, 2024
A. An appeal may be filed with the State Housing Appeals Board if the application to the Local Review Board was filed in accordance with these rules and whenever such application is:
1. denied or
2. granted with such conditions and requirements as to make the building or operation of such housing infeasible.
Rhode Island Code of Regulations › Title 480 - State Housing Appeals Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules Implementing the Rhode Island Low and Moderate Income Housing Act (480-RICR-00-00-2) › Section 480-RICR-00-00-2.6 - Procedure for Hearing an Appeal

Current through June 14, 2024
A. Any party appearing before the State Housing Appeals Board shall submit an original and nine (9) copies of any motion, memorandum, appendix, or any other written filing to be considered as part of the adjudication of the appeal. In lieu of the filing of hard copies of documents, the State Housing Appeals Board reserves the right to require the parties to make an electronic filing of documents.
B. The appeal shall be heard by the State Housing Appeals Board within twenty (20) days of the receipt of the applicant's statement and completed application.
C. At the hearing, the State Housing Appeals Board shall determine:
1. whether the appeal is properly brought before the State Housing Appeals Board, and
2. if the State Housing Appeals Board determines that the appeal is properly brought before the State Housing Appeals Board, it may:
a. review the record as presented to the State Housing Appeals Board and make a decision thereon;
b. request written briefs on points of law raised by the appeal and establish a briefing schedule for their submission by the parties;
c. request further information from the parties to the appeal, including but not limited to a stenographic transcript of the proceedings before the Local Review Board;
d. request a staff analysis of the appeal and its associated documentation from Rhode Island Housing;
e. allow, in its discretion, the presentation by any party to the appeal of additional evidence in open hearing, which shall be added to the record for the purpose of considering the appeal;
f. allow for the appointment of a hearing officer;
g. allow the submission of pre-filed testimony;
h. permit abutters and other interested parties, without being a party to the appeal and to the extent the State Housing Appeals Board allows, to present information pertinent to the appeal;
i. order that additional evidence be taken before the Local Review Board upon conditions determined by the State Housing Appeals Board, where the State Housing Appeals Board, either on its own motion or motion of a party, has concluded that additional evidence would be material and there was good cause for the failure to present it at the original hearing before the Local Review Board;
j. designate an arbitrator approved by the Superior Court arbitration program to conduct a mediation session between the parties to the appeal and the Local Review Board to determine whether the appeal can be resolved short of a full hearing, and to report on the results of the mediation session to the State Housing Appeals Board.
Rhode Island Code of Regulations › Title 480 - State Housing Appeals Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules Implementing the Rhode Island Low and Moderate Income Housing Act (480-RICR-00-00-2) › Section 480-RICR-00-00-2.7 - Powers of the State Housing Appeals Board

Current through June 14, 2024
A. In hearing the appeal, the State Housing Appeals Board shall determine whether:
1. in the case of a denial of the application, the decision of the Local Review Board was consistent with an approved affordable housing plan, or if the town does not have an approved affordable housing plan, was reasonable and consistent with local needs; and
2. in the case of an approval of an application with conditions or requirements imposed, whether those conditions and requirements make the construction or operation of such housing infeasible and whether the conditions and requirements are consistent with an approved affordable housing plan, or if the town does not have an approved affordable housing plan, are consistent with local needs.
Rhode Island Code of Regulations › Title 480 - State Housing Appeals Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules Implementing the Rhode Island Low and Moderate Income Housing Act (480-RICR-00-00-2) › Section 480-RICR-00-00-2.8 - Standards for Reviewing Appeals

Current through June 14, 2024
A. Standards for reviewing the appeal shall include, but not be limited to:
1. consistency of the decision to deny or to condition the permit, with the approved affordable housing plan and/or approved comprehensive plan;
2. the extent to which the community meets or plans to meet housing needs as defined in an affordable housing plan including but not limited to the ten percent (10%) goal for existing low and moderate income units or the fifteen percent (15%) standard for occupied rental units as provided in R.I. Gen. Laws §
											45-53-3(2)(i)(A); as a proportion of year round housing;
3. the consideration of the health and safety of existing residents;
4. the consideration of environmental protection;
5. the extent to which the community applies local zoning ordinances and review procedures evenly on subsidized and unsubsidized housing applications alike; and
6. the extent to which the decision is consistent with local needs as defined in §
											2.2(A)(10)     of this Part.