reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 244 - Batterer's Intervention Program Standards Oversight Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Comprehensive Standards › Section 244-RICR-00-00-2.7 - Group Facilitators and Other Staff

Current through June 14, 2024
2.7.1
Program Responsibilities to Staff
A. Batterers intervention programs shall
				 recruit, hire, train, and supervise staff in accordance with policies that
				 promote professional conduct, effective intervention, and victim and community
				 safety.
B. All program personnel
				 policies shall be based upon non-discrimination.
C. Program policies shall promote a drug-free
				 and violence-free workplace. Personnel policies shall address violence and/or
				 abusiveness in the professional and personal lives of program staff, and shall
				 provide for recommended treatment or intervention when appropriate, and/or
				 potential discipline for substance abuse, violence, abusiveness, or other
				 dangerous or unprofessional conduct by staff.
D. Programs shall provide internal monitoring
				 mechanisms, training, and supervision aimed at identifying and eliminating
				 collusion. In the context of batterers intervention, collusion between
				 facilitator and group participants.
E. Programs shall provide orientation for all
				 new staff with respect to organization goals and philosophy, policies and
				 procedures, safety precautions, confidentiality and the limits of
				 confidentiality. Non-Facilitator staff shall be provided with basic information
				 and training regarding domestic violence issues and dynamics.
F. Programs shall provide, or shall provide
				 access to, a minimum of twelve (12) hours per year of relevant in-service and
				 on-going training for all Facilitator and Supervisor staff in areas outlined
				 below in sections on Facilitator and Supervisor Qualifications. All required or
				 voluntary training that helps to meet this requirement shall be documented by
				 the programs, including subject, trainer, participants, and number of
				 hours.
G. Programs shall develop
				 and implement policy guidelines regarding staff reporting any personal and/or
				 other business relationships with agency clients. Staff shall disclose to the
				 supervisor and/or manager the nature of any current or past personal, business
				 or professional relationship with clients other than the present agency
				 services.
H. Programs shall conduct
				 a written evaluation of all new staff at two (2) or more intervals during the
				 first year of employment. On-going written evaluation shall be conducted at
				 least yearly thereafter, and shall be maintained in confidential personnel
				 files (not subject to review by the Oversight Committee).
I. Programs shall provide evidence of regular
				 and on-going professional supervision as described herein for all Facilitators
				 by one or more qualified individuals who are on staff or available as
				 consultants.
Rhode Island Code of Regulations › Title 244 - Batterer's Intervention Program Standards Oversight Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Comprehensive Standards › Section 244-RICR-00-00-2.8 - Special Issues

Current through June 14, 2024
2.8.1
Split
				 Program Completion
A. Circumstances
				 may arise in which an individual seeks to fulfill a court mandate for batterers
				 intervention through attending group sessions in different venues -that is,
				 being credited for some portion of the required attendance in one jurisdiction,
				 location or program and some portion in another jurisdiction, location or
				 program.
1. Split program crediting shall be
				 permissible under the following circumstances:
a. Completion of the mandate at the program
				 attended initially is not possible.
b. Both the sending and receiving program
				 providers have been certified in Rhode Island (or certified in the sending
				 jurisdiction, if applicable);
c.
				 The referring agency approves of and agrees to the transfer between certified
				 in-state community-based programs, if applicable; and
d. The sending programs shall provide all
				 appropriate information about offense, attendance, participation, topics
				 covered, legal status, and other information needed to the referral source to
				 ensure a smooth transition.
Rhode Island Code of Regulations › Title 244 - Batterer's Intervention Program Standards Oversight Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Comprehensive Standards › Section 244-RICR-00-00-2.9 - Variances

Current through June 14, 2024
A. Variances are accepted deviations from
				 established standards for program content and/or format granted by the
				 Oversight Committee in response to a specific request by a batterers
				 intervention program to modify standards within a specific context. A batterers
				 intervention program must request a variance in writing and receive approval
				 prior to implementing any program feature that would not otherwise be
				 consistent with the established Comprehensive Standards. Requests for variances
				 shall be submitted to the Chair of the Oversight Committee. [See the Rules of
				 Practice and Procedure, Part 1 of this Subchapter, for procedures guiding the
				 granting of variances.]
B.
				 Description
1. A variance is the means by
				 which a batterers intervention program may request modification of one or more
				 specific standards for a particular identified purpose and within required
				 guidelines, as explained below. Variances are intended to be limited in scope
				 and must be compatible with the overall intent of the Comprehensive
				 Standards.
2. The Oversight
				 Committee does not have the authority to waive the standards required by
				 statute (R.I. Gen. Laws §
											12-29-5).
3. Variances are not intended to
				 be a means of circumventing or securing a waiver from standards, as for a
				 program that is (temporarily or long- term) unable or unwilling to meet the
				 existing Comprehensive Standards; rather, they establish alternative or
				 modified standards within a specific context.
4. Variances offer batterers intervention
				 programs an opportunity to propose and (if granted) to implement a modified
				 program approach, curriculum content or format to fulfill particular needs that
				 cannot be met within the confines of the established Comprehensive Standards,
				 or that could be met substantially better in a different way without adverse
				 effect.
5. The Oversight Committee
				 is under no obligation to grant any variance from the established Comprehensive
				 Standards. A program that is denied a request for a variance by the Oversight
				 Committee may reapply for the same variance no sooner than six (6) months after
				 the date of denial.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 10 - Administrative Adjudication Division › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Administrative Adjudication Division (250-RICR-10-00-1) › Section 250-RICR-10-00-1.1 - Introduction

Current through June 14, 2024
These rules are adopted pursuant to R.I. Gen. Laws Chapters
					 42-35, 42-92 and 42-17.7, specifically §§42-35-2(a)(2), 42-35-3 and
					 42-17.7-3(2) for the purpose of assisting the carrying out of the functions,
					 powers and duties assigned to the Department of Environmental Management and
					 the Administrative Adjudication Division of the Department of Environmental
					 Management in R.I. Gen. Laws Chapters 42-17.7 and 42-17.1 and any other
					 provisions of the General Laws conferring jurisdiction upon the Director of the
					 Department and/or the Administrative Adjudication Division. These rules shall
					 become effective twenty (20) days after filing and will govern only
					 Adjudicatory Proceedings Commenced after the effective date.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 10 - Administrative Adjudication Division › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Administrative Adjudication Division (250-RICR-10-00-1) › Section 250-RICR-10-00-1.3 - Jurisdiction

Current through June 14, 2024
Pursuant to Chapter 42-17.7 of the Administrative
					 Adjudication Division for Environmental Matters has jurisdiction pursuant to
					 R.I. Gen. Laws §
										42-17.7-2 overall contested
					 enforcement proceedings, all contested licensing proceedings and all
					 adjudicatory proceedings of the Department of Environmental Management.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 10 - Administrative Adjudication Division › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Administrative Adjudication Division (250-RICR-10-00-1) › Section 250-RICR-10-00-1.4 - Representation

Current through June 14, 2024
A. Appearance. The Division and the AHO shall
				  inform an individual of his/her right to be represented by legal counsel in an
				  adjudicatory proceeding.
1. All parties
				  including intervenors, organizations or those designated as public participants
				  to an administrative hearing shall designate a spokesperson to participate on
				  their behalf in the hearing.
2.
				  Parties shall enter an appearance with the clerk of the AAD prior to making a
				  request for continuance or extension of time.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 10 - Administrative Adjudication Division › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Administrative Adjudication Division (250-RICR-10-00-1) › Section 250-RICR-10-00-1.5 - Time

Current through June 14, 2024
A. Timely filing. Papers required or
				  permitted to be filed under these regulations, or any provision of the
				  applicable law must be filed with the clerk at the AAD office within the time
				  limits for such filing as are set by Department regulation, or the AHO, or
				  other provision of law.
1. Papers filed in
				  the following manner shall be deemed filed as set forth herein:
a. Hand-delivery. Papers hand delivered
				  during regular business hours shall be deemed filed on the date of
				  hand-delivery. Papers delivered by hand at times other than during regular
				  business hours shall be deemed filed on the next regular business day when
				  stamped by the clerk of the AAD.
b.
				  Mailing. Papers deposited in the U.S. Mail shall be deemed filed on the date
				  the papers are postmarked. In the event that no date stamp by the clerk
				  appears, papers shall be deemed filed on the date so postmarked. All papers
				  shall show the date received by AAD.
c. Electronic transmittal. Papers transmitted
				  by electronic mail or facsimile shall be accepted for filing so long as the
				  original copy is received by the AAD within five (5) days of electronic
				  transmittal and opposing counsel is also transmitted a copy of the pleading by
				  facsimile or electronic transmittal simultaneously as well as provided with a
				  hard copy of the pleading within five (5) days of electronic
				  transmittal.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 10 - Administrative Adjudication Division › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Administrative Adjudication Division (250-RICR-10-00-1) › Section 250-RICR-10-00-1.6 - Filings Generally

Current through June 14, 2024
A. Title. Papers
				  filed with the AAD shall state the Division and the file number, if any, the
				  title of the proceeding, and the name of the person on whose behalf the filing
				  is made.
B. Signatures. Papers
				  filed with the AAD shall be signed and dated by the party on whose behalf the
				  filing is made. This signature constitutes a certification that: the individual
				  has read the document; knows the content thereof, and to the best of his/her
				  knowledge, that such statements are true; that it is not interposed for delay;
				  and that if the document has been signed by an authorized representative he/she
				  has full power and authority to do so.
C. Designation of Divisions. Any Division as
				  a party to an adjudicatory proceeding shall be designated by its name and not
				  by the name(s) of particular individual(s) holding office, and if while the
				  adjudicatory proceeding is pending, a change occurs in an individual(s) holding
				  office, the proceeding shall not abate, and no substitution of parties shall be
				  necessary.
D. Form
1. Size and printing requirements. All
				  papers, except those submittals and documents which are kept in a larger or
				  smaller format during the ordinary course of a party's business shall be
				  submitted on a 8 1/2" x 11" inch paper. All papers shall be hand printed or
				  typewritten.
2. Format. The clerk
				  of the AAD may provide forms to be used by the parties.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 10 - Administrative Adjudication Division › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Administrative Adjudication Division (250-RICR-10-00-1) › Section 250-RICR-10-00-1.7 - Commencement of Formal Adjudicatory Proceedings

Current through June 14, 2024
A. Request
				  for hearing. Any person having a right to request an administrative hearing
				  shall follow the procedures and timelines set forth in R.I. Gen. Laws §
										42-17.7-9 and other applicable
				  statutes and regulations. Such requests shall be filed directly with the AAD
				  for Environmental Matters.
B.
				  Content of hearing request. The request for a hearing shall state clearly and
				  concisely the specific issues which are in dispute, and the facts in support
				  thereof, the relief sought, if any, the license or permit sought or involved,
				  and any additional information required by applicable statutes and
				  regulations.
C. Amendments and
				  withdrawal of pleadings. The AHO sua sponte or upon the motion of any party
				  may, in his/her discretion, order any party to file an answer or other
				  pleading, or to reply to any pleading and further permit either party to amend
				  its pleadings upon a condition just to all parties.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 10 - Administrative Adjudication Division › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Administrative Adjudication Division (250-RICR-10-00-1) › Section 250-RICR-10-00-1.8 - Motions

Current through June 14, 2024
A. General Requirements
1. Motion practice. A party may request of
				  the AAD or AHO any order or action not inconsistent with law or these
				  regulations. Such a request shall be called a motion. The types of motions made
				  shall be those, which are permissible under these Rules and the R.I. Superior
				  Court Civil Rules of Procedure.
2.
				  Presentation/objection to motions. Motions may be made in writing at any time,
				  or they may be made orally during a hearing. Each motion shall set forth the
				  grounds for the desired order or action and state whether oral argument is
				  requested. Within seven (7) days after a written motion is filed with AAD, a
				  party opposing said motion must file a written objection to the allowance of
				  the motion and shall, if desired, request oral argument and allow three (3)
				  extra days if the motion is sent by mail. All motions and objections shall be
				  accompanied by a written memorandum, specifying the legal basis and support of
				  the party's position. Failure to file a written objection within the prescribed
				  time period, will be deemed a waiver of the objection, although an AHO, within
				  his or her discretion, may grant additional time to a party in order to respond
				  to a motion.
3. Action on motion.
				  The AHO shall, if he/she determines oral argument on the motion is warranted,
				  give at least three (3) days' notice of the time and place for such argument.
				  The AHO may act on a motion when all parties have responded thereto, or the
				  deadline for response has passed, whichever comes first.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 10 - Administrative Adjudication Division › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Administrative Adjudication Division (250-RICR-10-00-1) › Section 250-RICR-10-00-1.9 - Powers and Duties of Clerk

Current through June 14, 2024
The clerk shall have general charge of the administration
					 of the AAD, keep a full record of proceedings, file and preserve all documents
					 and papers entrusted to his or her care, prepare such papers and notices as may
					 be required by the AHO, and perform such other duties as may be proscribed.
					 Such clerk shall have the power to issue subpoenas for witnesses and documents
					 and to administer oaths in all cases before any AHO or pertaining to the duties
					 of his or her office.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 10 - Administrative Adjudication Division › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Administrative Adjudication Division (250-RICR-10-00-1) › Section 250-RICR-10-00-1.10 - Permits/License

Current through June 14, 2024
A. It shall be the applicant's responsibility
				  to notify the AAD and AHO of all permits required for the construction and/or
				  operation of the facility or project, and the status of each required permit.
B. When more than one permit from
				  DEM is required for a particular project/facility to proceed, the AHO, sua
				  sponte or by motion of a party may, in his or her discretion, consolidate the
				  adjudicatory proceedings.
C. After
				  hearings have been consolidated, by motion or order of the AHO, the matter may
				  not be noticed or heard until all applications are deemed complete by the
				  Division(s) responsible for the review.
D. Amendments
1. Amendments initiated by applicant. Once a
				  draft permit or application has gone out to public notice, and the hearing has
				  commenced as provided for in these Rules, if the applicant seeks to amend such
				  draft permit or application, it must make such a motion before the AHO. If such
				  a motion is granted, the AHO in his/her discretion, may suspend the hearings
				  for a period of time sufficient to allow the other parties adequate time to
				  review and prepare their case in response to the amendments.
2. Recommended conditions of approval.
				  Notwithstanding the foregoing, if the amendment is a recommended condition of
				  approval of the permit/license made by the Division and has been clearly set
				  forth in the notice of hearing then the applicant may amend its application to
				  adopt the condition without permission of the AHO and without suspension of the
				  proceedings.
3. If the facts upon
				  which an application or draft permit was approved or denied are materially and
				  substantially modified, after it has gone out to public notice, the AHO in
				  his/her discretion, may elect to treat the modified permit or application as a
				  new application.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 10 - Administrative Adjudication Division › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Administrative Adjudication Division (250-RICR-10-00-1) › Section 250-RICR-10-00-1.11 - Discovery

Current through June 14, 2024
A. General. Parties to an adjudicatory
				  proceeding are encouraged to engage in voluntary discovery as parties follow
				  the rules of Civil Procedure of the Superior Courts of this State.
B. Time for filing. In accordance with
				  Superior Court Rules of Civil Procedure, request for discovery may be made any
				  time after a request for a hearing has been filed and shall be made in
				  accordance with §
										1.6 of this Part of these
				  rules. The AHO, in his/her discretion may establish limits on such discovery,
				  including, but not limited to, when discovery shall commence and
				  close.
C. Review of Division's
				  files. The Division must make all discoverable records available for review by
				  the parties at a specified time and provide the parties with an opportunity to
				  copy any discoverable records. However, the Divisions are not required to send
				  copies of their records and documents to the parties upon their
				  request.
D. Departmental costs. A
				  Division shall be entitled to a fee per page for copies, and such other costs
				  as set forth in R.I. Gen. Laws §
										38-2-1, et seq.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 10 - Administrative Adjudication Division › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Administrative Adjudication Division (250-RICR-10-00-1) › Section 250-RICR-10-00-1.12 - Intervention

Current through June 14, 2024
A. Initiation. Except as otherwise
				  specifically provided by these Rules, any person not initially a party who
				  wishes to intervene in, or participate in, an adjudicatory proceeding shall
				  file a written petition to intervene with the AHO.
B. Form and content. The petition shall state
				  the name and address of the person submitting the petition. It shall
				  specifically describe the injury in fact alleged by the petitioner and set
				  forth how the petitioner(s) interests differ from, and are not adequately
				  represented by, existing parties. The petition must identify the areas in
				  dispute, specifically citing each regulation where applicable.
C. Filing the petition. Except as otherwise
				  specifically provided by these Rules or unless an applicable statute requires
				  otherwise, the petition shall be filed with the AHO not later than seven (7)
				  days prior to the date set for the initial prehearing conference. Petitions
				  filed may be granted at the discretion of the AHO, provided that the parties
				  are given notice and opportunity to object.
D. Rights of intervenors. Intervenors shall
				  be persons who have demonstrated an injury in fact which will result from a
				  challenged action or application and whose interests are not adequately
				  represented by other parties to the hearing. Any person permitted to intervene
				  shall be a full party to the hearing. Every petition to intervene shall be
				  treated in the alternative as a petition to participate.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 10 - Administrative Adjudication Division › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Administrative Adjudication Division (250-RICR-10-00-1) › Section 250-RICR-10-00-1.13 - Public Participation

Current through June 14, 2024
A. Rights to
				  participate. In general, any person who is not a party or intervenor to the
				  proceeding may, in the discretion of the AHO, participate in the hearing by
				  filing a motion with the AHO. The AHO shall set such limits on public
				  participation as he/she deems necessary to ensure that the hearing is held in
				  an orderly and expeditious fashion. Permission to participate shall be limited
				  to the right to file a brief. Permission to participate, unless otherwise
				  stated, shall not be deemed to constitute an expression that the person allowed
				  to participate is a party in interest who may be aggrieved by any final
				  decision. A person who petitioned to intervene and who was allowed to
				  participate, may participate without waiving its rights to judicial review of
				  the denial of said petition to intervene.
B. Hearing hours. Whenever possible hearings
				  shall be held during regular business hours. The AHO may, in his/her
				  discretion, schedule an evening hearing if he/she deems it necessary to provide
				  adequate opportunity for public comment, public questioning of witnesses or to
				  expedite the case.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 10 - Administrative Adjudication Division › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Administrative Adjudication Division (250-RICR-10-00-1) › Section 250-RICR-10-00-1.14 - Status Conference

Current through June 14, 2024
A. Status
				  Conference.
1. The AHO may require the
				  parties to appear for a status conference within thirty to forty-five ( 30-45)
				  days of a request for hearing to consider:
a.
				  The general overview of the appeal; and,
b. The possibility of settlement in lieu of a
				  hearing.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 10 - Administrative Adjudication Division › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Administrative Adjudication Division (250-RICR-10-00-1) › Section 250-RICR-10-00-1.15 - Prehearing Conference

Current through June 14, 2024
A. The AHO shall
				  require the parties to appear for a prehearing conference at least seven (7)
				  days prior to the scheduled commencement of the hearing to consider:
1. The simplification or clarification of the
				  issues;
2. The possibility of
				  obtaining stipulations, admissions, agreements on documents, understanding on
				  matters already of record, or similar agreement which will avoid unnecessary
				  proof;
3. The limitation of the
				  number of expert witnesses, or avoidance of similar cumulative evidence, if the
				  case is to be heard;
4. The
				  possibility of agreement disposing of all or any of the issues in dispute;
				  and,
5. Such other matters as may
				  aid in the disposition of the adjudicatory proceeding.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 10 - Administrative Adjudication Division › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Administrative Adjudication Division (250-RICR-10-00-1) › Section 250-RICR-10-00-1.17 - Decisions

Current through June 14, 2024
A. Decisions. All decisions rendered by an
				  AHO at the conclusion of a hearing shall be in writing and shall comply with
				  the requirements of R.I. Gen. Laws §§
										42-17.7-6 and
				  42-35-12. Parties shall be
				  notified either in person, or by mail, or electronic transmittal of any order.
				  Included in the final order shall be a separate notice advising the parties of
				  the availability of judicial review, the appeal period and the procedure for
				  filing an appeal, and providing a reference to the statutory
				  authority.
B. Withdrawal of
				  exhibits. After a decision has become final and all appeal periods have lapsed
				  the AHO may in his/her discretion, upon motion, permit the withdrawal of
				  original exhibits or any part thereof by the party or person entitled thereto.
C. Presiding officer unavailable.
				  When an AHO becomes incapacitated or unavailable to complete a hearing and/or
				  render proposed findings of fact and conclusions of law, the hearings may be
				  completed and/or a decision may be rendered by a substitute AHO appointed by
				  the Chief Hearing Officer upon the record as defined, provided however the
				  substitute AHO may within his or her discretion, and after an examination of
				  all the evidence, determine that a ruling is necessary in the interest of
				  justice.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 10 - Administrative Adjudication Division › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Administrative Adjudication Division (250-RICR-10-00-1) › Section 250-RICR-10-00-1.18 - Consent Order or Withdrawal

Current through June 14, 2024
A. Negotiations. At
				  any time prior to rendering a final decision, parties to a hearing may attempt
				  to dispose of a matter by entering into a consent order. A joint request for a
				  stay of a hearing for this purpose shall be forwarded to the AHO and shall
				  indicate the present status of negotiations. If an agreement is not reached
				  within the time period for which the stay was approved, a hearing shall be
				  promptly rescheduled by the AHO.
B.
				  Contents of agreement. Every agreement shall contain, in addition to an
				  appropriate order, an admission of all jurisdictional facts and express waivers
				  of further procedural steps before the AHO and of the right to appeal and shall
				  also state that such agreement is enforceable as an order of the Director in
				  accordance with procedures prescribed by law. In addition, the agreement may
				  contain a statement that the signing thereof is for settlement purposes only
				  and does not constitute an admission by any party that the law or regulations
				  have been violated as alleged in the Notice of Violations.
C. Disposition of proposed agreement. Upon
				  receiving such agreement, the AHO may:
1.
				  Accept it and issue the order agreed upon; except that no agreement shall be
				  accepted unless consistent with the provisions of R.I. Gen. Laws §
											42-17.1-2(s)(1),
2. Reject it and reschedule a hearing or;
3. Take such other action as he or
				  she deems appropriate.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 10 - Administrative Adjudication Division › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Administrative Adjudication Division (250-RICR-10-00-1) › Section 250-RICR-10-00-1.19 - Licensing or Permitting Procedures

Current through June 14, 2024
A. Persons denied a
				  license or permit from the Division may request an administrative hearing as
				  provided for by statute.
B. Solid
				  Waste Management Facilities
1. Appeals of
				  issuance of a license or final denial of a solid waste management facility
				  license must be filed in writing within thirty (30) days of issuance with the
				  AAD for Environmental Matters.
2.
				  Appeals shall be limited to the applicant; any person who provided substantive
				  comment during the public comment period as indicated by the Director in
				  his/her decision; and any person who shall demonstrate good cause for failure
				  to participate and who demonstrates that his or her interest shall be
				  substantially impacted if prohibited from appearance in the appeal.
3. Appeals shall be in writing and shall
				  contain precise statements of the issues presented on appeal including
				  statutory and regulatory citations and shall indicate the specific parts of the
				  decision of the Director which are challenged.
4. Appeals shall be limited to those issues
				  raised by the parties in the written appeal filed with the AAD provided
				  however, that upon good cause shown, the AHO shall allow additional issues to
				  be raised.
5. Hearings on appeals
				  to the AAD are evidentiary hearings only.
6. The AHO shall determine and apportion to
				  the applicant the actual costs of the appeal process exclusive of attorneys'
				  fees.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 10 - Administrative Adjudication Division › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Administrative Adjudication Division (250-RICR-10-00-1) › Section 250-RICR-10-00-1.20 - Filing for Recovery of Litigation Expenses

Current through June 14, 2024
A.
				  Purpose. The purpose of this rule is to carry out the statutory requirements
				  contained in the Equal Access to Justice Act, Chapter 42-92 of the R.I. Gen.
				  Laws which provides for the award of reasonable litigation expenses to
				  prevailing parties in certain adjudicatory proceedings conducted by state
				  agencies.
B. Filing procedure.
				  Within thirty (30) days of the conclusion of an adjudicatory proceeding of the
				  Department relating to an enforcement action or order, or to the revocation or
				  suspension of a license or permit, or to any other adjudicatory proceeding as
				  defined in R.I. Gen. Laws §
										42-92-2, a respondent may submit a
				  claim to the AHO in the proceeding for litigation expenses pursuant to R.I.
				  Gen. Laws Chapter 42-92. For purposes of this section, the adjudicatory
				  proceedings are deemed to be concluded on the date a final decision is issued
				  pursuant to §
										1.17 of this Part or on the
				  date that a Consent Order is accepted by the AHO pursuant to §
										1.18 of this Part. The claim
				  for litigation expenses shall conform to the general filing requirements of
				  §
										1.6 of
				  this Part and shall contain a summary of the legal and factual basis for filing
				  the claim.
C. Supporting affidavits
				  and documentary evidence. The petitioner may submit with his or her claim for
				  litigation expenses, affidavits and documentary evidence presenting the legal
				  and factual basis by which the petitioner claims he or she is entitled to an
				  award of litigation expenses, including facts establishing:
1. That the petitioner is a party as defined
				  in R.I. Gen. Laws §
											42-92-2(a).
2. That the petitioner has prevailed against
				  the Department in the underlying adjudicatory proceeding.
3. That the Department was not charged by
				  statute with investigating a complaint which led to the underlying adjudicatory
				  proceeding.
4. The amount of
				  reasonable litigation expenses as defined in R.I. Gen. Laws §
											42-92-2(c).
5. That the Department instituted
				  the underlying adjudicatory proceeding without substantial
				  justification.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 20 - Legal Services › Subchapter 00 - N/A › Part 1 - Administrative Rules of Practice and Procedure for the Department of Environmental Management › Section 250-RICR-20-00-1.1 - Authority and Purpose

Current through June 14, 2024
These Rules are adopted pursuant to R.I. Gen. Laws Chapters
					 42-35, 42-92 and 42-17.1, specifically R.I. Gen. Laws §§
										42-35-2(a)(2),
					 42-35-3 and
					 42-17.1-2(s) for
					 the purpose of assisting the carrying out of the functions, powers and duties
					 assigned to the Department of Environmental Management in R.I. Gen. Laws §
										42-17.1-2 and any other provisions
					 of the R.I. Gen. Laws conferring jurisdiction to the Director of the
					 Department, whether in effect prior to or subsequent to the adoption of these
					 Regulations. Issues not addressed in these Rules or for which a party seeks
					 clarity are to be considered in light of R.I. Gen. Laws Chapter 42-35. These
					 Rules shall become effective twenty (20) days after filing and will govern only
					 adjudicatory and Rulemaking proceedings commenced after the effective
					 date.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 20 - Legal Services › Subchapter 00 - N/A › Part 1 - Administrative Rules of Practice and Procedure for the Department of Environmental Management › Section 250-RICR-20-00-1.2 - Formal Rules

Current through June 14, 2024
A. Scope of Rules.
				  These Rules shall govern the proceedings of all Divisions and matters within
				  the Department of Environmental Management's delegated statutory authority that
				  are not properly before the Administrative Adjudication Division and where
				  consistent with the law and Regulations governing the applicable regulatory
				  program.
B. Construction of Rules.
				  These Rules shall be construed to further the prompt and just determination of
				  every proceeding and in conformity with the Rhode Island Administrative
				  Procedures Act.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 20 - Legal Services › Subchapter 00 - N/A › Part 1 - Administrative Rules of Practice and Procedure for the Department of Environmental Management › Section 250-RICR-20-00-1.3 - Petition for Rulemaking

Current through June 14, 2024
A. Any party may
				  petition for the promulgation, amendment or repeal of a Rule administered by
				  the Department. Such a petition shall clearly and concisely state the
				  petitioner's interest in the subject matter, the specific Rule(s), amendment,
				  or repeal requested, and cite the statutory provision which provides the basis
				  for the Regulation. Petitions shall be filed with the Department and the
				  affected Divisions in the manner required by §§
										1.4 and
				  1.5 of this Part. In
				  addition, petitions may be filed electronically by email sent to the following
				  address: DEM.Petitions@dem.ri.gov.
B. Upon submission of such a petition, the
				  Department shall, in accordance with R.I. Gen. Laws §
										42-35-6, within thirty (30) days
				  either deny the petition in writing (stating its reason for the denials) or
				  initiate rulemaking procedures in accordance with R.I. Gen. Laws §
										42-35-3.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 20 - Legal Services › Subchapter 00 - N/A › Part 1 - Administrative Rules of Practice and Procedure for the Department of Environmental Management › Section 250-RICR-20-00-1.4 - Time

Current through June 14, 2024
A. Timely filing. Papers required or
				  permitted to be filed under these Regulations, or any provision of the
				  applicable law must be filed at the Department, Division or office or such
				  other place as the Director shall designate within the time limits for such
				  filings as are set by Department Regulation, the Director, or other provision
				  of law. Papers filed in the following manner shall be deemed filed as set forth
				  herein:
1. Hand-delivery: Papers hand
				  delivered during regular business hours shall be deemed filed on the date of
				  hand-delivery. Papers delivered by hand at times other than during regular
				  business hours shall be deemed filed on the next regular business
				  day.
2. Mailing: Papers deposited
				  in the U.S. Mail shall be deemed filed on the date stamped as received by the
				  Department. In the event that no date stamp by the Department appears, papers
				  shall be deemed filed on the date so postmarked. All papers shall show the date
				  received by the Director and/or the Hearing Officer.
3. Telecopying: Papers filed by facsimile or
				  telecopier shall not be accepted for filing.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 20 - Legal Services › Subchapter 00 - N/A › Part 1 - Administrative Rules of Practice and Procedure for the Department of Environmental Management › Section 250-RICR-20-00-1.5 - Filings Generally

Current through June 14, 2024
A. Title. Papers
				  filed with the Director shall state the Division and the file number, if any,
				  the title of the proceeding, and the name of the person on whose behalf the
				  filing is made.
B. Signatures.
				  Papers filed with the Director shall be signed and dated by the party on whose
				  behalf the filing is made or by the party's authorized representative. This
				  signature constitutes a certification that the individual signing the document
				  has read the document, knows the content thereof, and to the best of his/her
				  knowledge, that such statements are true, that it is not interposed for delay,
				  and that if the document has been signed by an authorized representative he/she
				  has full power and authority to do so. Failure to comply may be cause for
				  sanctions.
C. Designation of
				  Divisions. Any Division as a party to an administrative proceeding shall be
				  designated by its name and not by the name(s) of particular individual(s)
				  holding office, and if while the administrative proceeding is pending, a change
				  occurs in an individual(s) holding office, the proceeding shall not abate, and
				  no substitution of parties shall be necessary.
D. Form
1.
				  Size and Printing Requirements. All papers, except those submittals and
				  documents which are kept in a larger format during the ordinary course of a
				  party's business shall be submitted on eight and one half inches by eleven
				  inches (8 1/2" x 11") paper all papers shall be hand printed or
				  typewritten.
2. Format. The
				  Director or Division may provide forms to be used by the parties.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 20 - Legal Services › Subchapter 00 - N/A › Part 1 - Administrative Rules of Practice and Procedure for the Department of Environmental Management › Section 250-RICR-20-00-1.6 - Petition for Declaratory Rulings

Current through June 14, 2024
A. Any person who
				  alleges that a Rule, statute or order, or its threatened application,
				  interferes with or impairs, or threatens to interfere with or impair, the legal
				  rights of the petitioner, may in accordance with R.I. Gen. Laws §
										42-35-8 and these Regulations,
				  petition the Director for a declaratory ruling as to the applicability of any
				  statute, any provision or Rule or order of the agency. Such petition shall be
				  filed with the Department in the manner required by §§
										1.4 and
				  1.5 of this Part and the
				  petition shall clearly and concisely identify:
1. The precise statute, Rule or order,
				  including paragraph(s) or subparagraph(s) on which a declaratory ruling is
				  sought;
2. How the petitioner is
				  affected by the statute, Rule or order, including a statement of uncontested
				  facts upon which the request is based;
3. Why the ruling is sought;
4. The petitioner's position on how the
				  applicable statute, Rule or order should be interpreted, including citation to
				  any applicable documents or law that support petitioner's position.
5. Other persons who may be affected if the
				  Department adopts the petitioner's position including any small businesses that
				  may experience a significant adverse economic impact; small business shall be
				  defined in accordance with R.I. Gen. Laws §
											42-35-1.
6. Whether the petitioner has, or is aware
				  of, any other matters pending before the Department or the courts that may be
				  affected by the declaratory ruling sought; this shall include, but not be
				  limited to: permit applications, enforcement actions, petitions, contracts and
				  leases or rental agreements;
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 20 - Legal Services › Subchapter 00 - N/A › Part 3 - Administrative Inspection Guidelines (250-RICR-20-00-3) › Section 250-RICR-20-00-3.1 - Purpose

Current through June 14, 2024
A. The purpose of these Guidelines is to
				  describe the general procedures for administrative inspections undertaken by
				  employees of the Rhode Island Department of Environmental Management (herein
				  after referred to as "DEM" or the "Department"). These Guidelines are
				  promulgated to balance the State's interests in protecting the environment and
				  enforcing environmental laws and regulations with reasonable private property
				  interests guaranteed by the Federal and State Constitutions and to promote
				  awareness of DEM regulations involving private property. More specifically,
				  these Guidelines:
1. explain expectations of
				  privacy recognized and protected by law;
2. explain the reasons for and degree of
				  urgency associated with different types of inspections;
3. explain how inspections of private
				  property must be conducted to ensure that the rights and legitimate privacy
				  expectations of the owners and occupants are protected;
4. promote public awareness of DEM programs;
				  and
5. explain some of DEM's duties
				  and responsibilities under state law and regulations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 20 - Legal Services › Subchapter 00 - N/A › Part 3 - Administrative Inspection Guidelines (250-RICR-20-00-3) › Section 250-RICR-20-00-3.2 - Authority

Current through June 14, 2024
These Guidelines are promulgated pursuant to R.I. Gen. Laws
					 §
										42-17.1-2(t)(2)(A),
					 Environmental Management in accordance with R.I. Gen. Laws Chapter 42-35,
					 Administrative Procedures.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 20 - Legal Services › Subchapter 00 - N/A › Part 3 - Administrative Inspection Guidelines (250-RICR-20-00-3) › Section 250-RICR-20-00-3.3 - Administrative Findings

Current through June 14, 2024
A. The Department
				  is charged by law to protect, preserve and restore Rhode Island's natural
				  resources and environment. The Department implements this Legislative mandate
				  through a wide variety of regulatory programs. As a public regulatory agency,
				  the Department has a responsibility to carry out its statutory and regulatory
				  functions in the spirit of public service. This means that the Department's
				  interactions with members of the public, including regulated persons and
				  entities, should be courteous, respectful and responsive and minimize
				  unnecessary confrontation.
B. To
				  the extent that the law authorizes the Department to conduct inspections on
				  private property, such inspections should be conducted with respect for the
				  rights and privacy of property owners, consistent with the protections afforded
				  by the United States and Rhode Island Constitutions, as interpreted and applied
				  by the courts. Inspections are the primary method available to DEM to enforce
				  and determine compliance with environmental statutes and regulations
				  administered by DEM. Both announced and unannounced inspections are vital
				  compliance assurance tools in the Department's ongoing effort to protect the
				  environment. Because some parties may not fully understand the need for such
				  inspections and may perceive such inspections as an unreasonable interference
				  with their rights as property owners and as operators of various business
				  activities, DEM will use best efforts to explain the reasons for the inspection
				  and to conduct its inspections within the scope of these Guidelines.
C. DEM is authorized to conduct both
				  consensual and non-consensual administrative inspections. Non-consensual
				  administrative inspections may be lawfully performed with or without an
				  administrative inspection warrant. Whether an administrative inspection warrant
				  is required in order to perform a lawful, non-consensual administrative
				  inspection will depend on the facts and circumstances surrounding the site,
				  facility or activity to be inspected. It is the intent of these Guidelines to
				  educate DEM personnel regarding the proper procedures for performing lawful
				  administrative inspections via consent, administrative inspection warrants and
				  established methods for warrant-less, non-consensual inspections.