Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 1 - Management Procedures › Section 650-RICR-10-00-1.13 - Judicial Review of Contested Cases

Current through June 14, 2024
A. Any person who
				  has exhausted all administrative remedies available to him or her within the
				  agency, and who is aggrieved by a final decision in a contested case is
				  entitled to judicial review under this Chapter. This Section does not limit
				  utilization of or the scope of judicial review available under other means of
				  review, redress, relief, or trial
de novo
provided by law. Any
				  preliminary, procedural, or intermediate agency act of ruling is immediately
				  reviewable in any case in which review of the final agency decision would not
				  provide an adequate remedy.
B.
				  Proceedings for review are instituted by filing a complaint in the Superior
				  Court of Providence County within thirty (30) days after mailing notice of the
				  final decision of the agency or, if a rehearing is requested, within thirty
				  (30) days after the decision concerning the assessment or determination of any
				  tax, interest or penalty made by the Tax Administrator must pay the amount of
				  such tax, interest or penalty to said Administrator as a prerequisite to the
				  filing of such complaint. Copies of the complaint shall be served upon the
				  agency and all other parties of record in the manner prescribed by applicable
				  Procedural Rules.
C. The filing of
				  the complaint does not itself stay enforcement of the agency decision. The
				  agency may grant, or the reviewing court may order, a stay upon appropriate
				  Rules.
D. Within thirty (30) days
				  after the service of the complaint, or within further time allowed by the
				  court, the agency shall transmit to the reviewing court the original or a
				  certified copy of the entire record of the proceeding under review. By
				  stipulation of all parties of the review proceedings, the record may be
				  shortened. Any party unreasonably refusing to stipulate to limit the record may
				  be taxed by the court for the additional costs. The courts may require or
				  permit subsequent corrections or additions to the record.
E. If, before the date set for hearing,
				  application is made to the court for leave to present additional evidence, and
				  it is shown to the satisfaction of the court that the additional evidence is
				  material and that there were good reasons for failure to present it in the
				  proceeding before the agency, the court may order that the additional evidence
				  be taken before the agency upon conditions determined by the court. The agency
				  may modify its findings and decision by reason of the additional evidence and
				  shall file that evidence and any modifications, new findings of decisions with
				  the reviewing court.
F. The review
				  shall be conducted by the court without a jury and shall be confined to the
				  record. In cases of alleged irregularities in procedure before the agency, not
				  shown in the record, proof thereon may be taken in the court. The court, upon
				  request, shall hear oral argument and receive written briefs.
G. The court shall not substitute its
				  judgment for that of the agency as to the weight of the evidence on questions
				  of fact. The court may affirm the decision of the agency or remand the case for
				  further proceedings, or it may reverse or modify the decision if substantial
				  rights of the appellant have been prejudiced because the administrative
				  findings, inferences, conclusions or decisions are:
1. In violation of constitutional or
				  statutory provisions;
2. In excess
				  of the statutory authority of the agency;
3. Made upon unlawful procedure;
4. Affected by other error of law;
5. Clearly erroneous in view of the reliable,
				  probative, and substantial evidence on the whole record; or
6. Arbitrary or capricious or characterized
				  by abuse of discretion or clearly unwarranted exercise of discretion.