reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 6 - Rules and Regulations for Well-Drillers, Pump Installers, and Water Filtration Contractors › Section 440-RICR-10-00-6.2 - Purpose

Current through June 14, 2024
The purpose of this Part is to administer and
					 enforce the provisions of the Rhode Island Well Drilling, Pump
					 Installers, and Water Filtration Contractors Law, R. I. Gen. Laws
					 Chapter 5-65.2, to establish a licensing program and minimum
					 standards for governing and enforcing the installation, construction,
					 repair, development, and abandonment of wells, well pumps,
					 water-supply systems, water-treatment systems, and water-filtration
					 systems to ensure competency in the field and to safeguard the public
					 health and to provide an adequate supply of clean and uncontaminated
					 water for all persons in the state. Any person who fails to license
					 as a well-driller, pump installer, or water filtration contractors,
					 as stipulated, is subject to penalties for operating without a
					 license.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 6 - Rules and Regulations for Well-Drillers, Pump Installers, and Water Filtration Contractors › Section 440-RICR-10-00-6.3 - Incorporated Materials (Reserved)

Current through June 14, 2024
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 6 - Rules and Regulations for Well-Drillers, Pump Installers, and Water Filtration Contractors › Section 440-RICR-10-00-6.5 - General Administration and Procedures

Current through June 14, 2024
A. Administrative procedures for
				 the licensing of well-drillers, pump installers, water filtration
				 contractors, and water filtration installers shall comply with R.I.
				 Gen. Laws Chapters 5-65, 5-65.2 and the following sections of Part 1
				 of this Subchapter:
1. Delivery of
				 Notices: §
											1.5(A)     of this Subchapter.
2.
				 Change of Address §
											1.5(B)     of this Subchapter
3.
				 Public Records and Information Requests: §
											1.5(C)     of this Subchapter.
4.
				 Certification of Registration/License §
											1.5(D)     of this Subchapter.
5.
				 Filing Fees and Record Changes §
											1.5(E)     of this Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 6 - Rules and Regulations for Well-Drillers, Pump Installers, and Water Filtration Contractors › Section 440-RICR-10-00-6.6 - General Licensing of Well-Drillers, Pump Installers, Water Filtration Contractors and Water Filtration Installers Requirements

Current through June 14, 2024
A. The
				 licensing of well-drillers, pump installers, water filtration
				 contractors, and water filtration installers shall comply with R.I.
				 Gen. Laws Chapters § 5-65, 5-65.2, and the following sections of
				 Part 1 of this Subchapter:
1.
				 Registration Required: § 1.6.1 of this Subchapter.
2. Transference of Registration
				 Prohibited: § 1.6.2 of this Subchapter.
3. Display of Registration Number:
				 § 1.6.3 of this Subchapter.
4. Business Entity Registrations:
				 § 1.6.4 of this Subchapter.
5. Nonresident Persons / Registered
				 Agent: § 1.6.5 of this Subchapter.
6. Change of Registration: §
				 1.6.6 of this Subchapter.
7. Effect on Registration Due to
				 Loss of Responsible Person: § 1.6.7 of this
				 Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 6 - Rules and Regulations for Well-Drillers, Pump Installers, and Water Filtration Contractors › Section 440-RICR-10-00-6.7 - Applications for Licensure

Current through June 14, 2024
A.
				 Applications for the licensure of well-drillers, pump installers,
				 water filtration contractors, and water filtration installers shall
				 comply with R.I. Gen. Laws Chapters 5-65, 5-65.2, and the following
				 sections of Part 1 of this Subchapter:
1. General Application: §
				 1.7.1 of this Subchapter.
2. Examination: § 1.7.2 of
				 this Subchapter.
3.
				 Effective Date / Term: § 1.7.3 of this Subchapter.
4. Renewal and Reissuance of
				 Registration: § 1.7.4 of this Subchapter.
5. Lapsed Registration: §
				 1.7.5 of this Subchapter.
6. Military Service Registration:
				 § 1.7.6 of this Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 6 - Rules and Regulations for Well-Drillers, Pump Installers, and Water Filtration Contractors › Section 440-RICR-10-00-6.8 - Education Requirements - Pre-Registration and Continuing Education

Current through June 14, 2024
A.
				 Educational requirements for the licensing of well-drillers, pump
				 installers, water filtration contractors, and water filtration
				 installers shall comply with R.I. Gen. Laws Chapters 5-65, 5-65.2,
				 and the following sections of Part 1 of this Subchapter:
1. Scope: § 1.8.1 of this
				 Subchapter.
2.
				 Specifications: § 1.8.2 of this Subchapter.
3. Qualifying Education: §
				 1.8.3 of this Subchapter.
4. Course Materials and Fees:
				 § 1.8.4 of this Subchapter.
5. Proof of Educational Course
				 Completion / Compliance: § 1.8.5 of this Subchapter.
6. Educational Requirements: §
				 1.8.6 of this Subchapter.
7. Exception to Educational
				 Requirements: § 1.8.7 of this Subchapter.
8. Violations for Failing to
				 Complete Educational Requirements: § 1.8.8 of this
				 Subchapter.
9.
				 Educational Course Providers § 1.8.9 of this
				 Subchapter.
10.
				 Educational Courses § 1.8.10 of this Subchapter.
11. Violations for Operating as a
				 Non-Approved Provider: § 1.8.11 of this Subchapter.
12. Penalties for Provider
				 Noncompliance: § 1.8.12 of this Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 6 - Rules and Regulations for Well-Drillers, Pump Installers, and Water Filtration Contractors › Section 440-RICR-10-00-3.9 - Complaints

Current through June 14, 2024
A. The procedure for filing a
				 complaint against a home inspector or associate home inspector shall
				 comply with R.I. Gen. Laws Chapters 5-65, 5-65.2, and the following
				 sections of Part 1 of this Subchapter:
1. Duty to Participate: §
				 1.9.1 of this Subchapter.
2. Complaints Generally: §
				 1.9.2 of this Subchapter.
3. Board Initiated Investigations:
				 § 1.9.3 of this Subchapter.
4. The Board's Right to Refuse
				 and/or Dismiss Complaints: § 1.9.4 of this Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 6 - Rules and Regulations for Well-Drillers, Pump Installers, and Water Filtration Contractors › Section 440-RICR-10-00-6.10 - Notice of Accepted Complaints and Initial Board Investigation

Current through June 14, 2024
The rules and regulations for pertaining to the
					 notice of accepted complaints and initial board investigation shall
					 comply with R.I. Gen. Laws Chapters § 5-65, 5-65.2, and §
										1.10     of Part 1 of this Subchapter:
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 6 - Rules and Regulations for Well-Drillers, Pump Installers, and Water Filtration Contractors › Section 440-RICR-10-00-6.11 - Prehearing Conferences and Alternative Dispute Resolution

Current through June 14, 2024
A. The rules pertaining to
				 prehearing conferences and alternative dispute resolution shall
				 comply with R.I. Gen. Laws Chapter 5-65 and the following sections of
				 Part 1 of this Subchapter:
1.
				 Pre-Hearing Conferences: § 1.11.1 of this Subchapter.
2. Alternative Dispute Resolution:
				 § 1.11.2 of this Subchapter.
3. Pre-Hearing/Alternative Dispute
				 Resolution Procedures: § 1.11.3 of this Subchapter.
4. Administrative Hearings Based on
				 Contested Cases: § 1.11.4 of this Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 6 - Rules and Regulations for Well-Drillers, Pump Installers, and Water Filtration Contractors › Section 440-RICR-10-00-6.12 - Violations

Current through June 14, 2024
A. The rules pertaining to
				 violations shall comply with R.I. Gen. Laws § 5-65 and the
				 following sections of Part 1 of this Subchapter:
1. Authority: § 1.12.1 of this
				 Subchapter.
2. Procedure
				 for Investigating and Processing Violations: § 1.12.2 of this
				 Subchapter.
3. Notices of
				 Violation/Proposed Order: § 1.12.3 of this Subchapter.
4. Fines / Penalties: § 1.12.4
				 of this Subchapter.
5.
				 Court Judgments/Arbitration Awards - Effect on Registration/License:
				 § 1.12.5 of this Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 6 - Rules and Regulations for Well-Drillers, Pump Installers, and Water Filtration Contractors › Section 440-RICR-10-00-6.13 - Appeals

Current through June 14, 2024
A. The rules pertaining to appeals
				 shall comply with R.I. Gen. Laws Chapter 5-65 and the following
				 sections of Part 1 of this Subchapter:
1. Appeal of Notice of Violation to
				 Hearing Officer: § 1.13.1 of this Subchapter.
2. Appeal of Final Order by the
				 Hearing Officer to the Full Board: § 1.13.2 of this
				 Subchapter.
3. Appeal of
				 Final Order by the Full Board to the Superior Court: § 1.13.3 of
				 this Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 6 - Rules and Regulations for Well-Drillers, Pump Installers, and Water Filtration Contractors › Section 440-RICR-10-00-6.14 - Criminal Prosecution

Current through June 14, 2024
The rules pertaining to criminal prosecution
					 shall comply with R.I. Gen. Laws Chapter 5-65 and §
										1.14     of this
					 Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 6 - Rules and Regulations for Well-Drillers, Pump Installers, and Water Filtration Contractors › Section 440-RICR-10-00-6.15 - Administrative Hearings

Current through June 14, 2024
A. The
				 rules pertaining to administrative hearings shall comply with R.I.
				 Gen. Laws Chapters 42-35 and 5-65 and the following sections of Part
				 1 of this Subchapter:
1. Notice of
				 Hearing: § 1.15.1 of this Subchapter.
2. Representation: § 1.15.2 of
				 this Subchapter.
3.
				 Filing of Pleadings and Other Documents: § 1.15.3 of this
				 Subchapter.
4. Service:
				 § 1.15.4 of this Subchapter.
5. Time: § 1.15.5 of this
				 Subchapter.
6. Motions:
				 § 1.15.6 of this Subchapter.
7. Discovery: § 1.15.7 of this
				 Subchapter.
8. Subpoenas:
				 § 1.15.8 of this Subchapter.
9. Evidence: § 1.15.9 of this
				 Subchapter.
10. Conduct
				 of Hearings: § 1.15.10 of this Subchapter.
11. Decisions: § 1.15.11 of
				 this Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 6 - Rules and Regulations for Well-Drillers, Pump Installers, and Water Filtration Contractors › Section 440-RICR-10-00-6.16 - Expungements

Current through June 14, 2024
The rules pertaining to expungements shall comply
					 with R.I. Gen. Laws Chapter 5-65 and §
										1.16     of this
					 Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 6 - Rules and Regulations for Well-Drillers, Pump Installers, and Water Filtration Contractors › Section 440-RICR-10-00-6.17 - Default

Current through June 14, 2024
The rules pertaining to default shall comply with
					 R.I. Gen. Laws Chapter 5-65 and §
										1.17     of this
					 Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 6 - Rules and Regulations for Well-Drillers, Pump Installers, and Water Filtration Contractors › Section 440-RICR-10-00-6.18 - Disqualification/Incapacity of Hearing Officer

Current through June 14, 2024
The rules pertaining to disqualification /
					 incapacity of Hearing Officer shall comply with §
										1.18     of this
					 Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 6 - Rules and Regulations for Well-Drillers, Pump Installers, and Water Filtration Contractors › Section 440-RICR-10-00-6.19 - Miscellaneous Provisions

Current through June 14, 2024
The rules pertaining to miscellaneous provisions
					 shall comply with §
										1.19     of this Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 6 - Rules and Regulations for Well-Drillers, Pump Installers, and Water Filtration Contractors › Section 440-RICR-10-00-6.20 - Hearings - Public Information

Current through June 14, 2024
The rules pertaining to the hearings - public
					 information shall comply with §
										1.20     of this
					 Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 6 - Rules and Regulations for Well-Drillers, Pump Installers, and Water Filtration Contractors › Section 440-RICR-10-00-6.21 - Publication of Orders and Notices

Current through June 14, 2024
The publication of all orders issued by the board
					 and notices of hearing shall comply with the requirements of R.I.
					 Gen. Laws §
										5-65-25.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 6 - Rules and Regulations for Well-Drillers, Pump Installers, and Water Filtration Contractors › Section 440-RICR-10-00-6.22 - Equal Access to Justice for Small Business

Current through June 14, 2024
The rules pertaining to the equal access to
					 justice for small business shall comply with §
										1.22     of this
					 Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 6 - Rules and Regulations for Well-Drillers, Pump Installers, and Water Filtration Contractors › Section 440-RICR-10-00-6.23 - Severability

Current through June 14, 2024
The rules pertaining to severability shall comply
					 with §
										1.23     of this Subchapter.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.1 - Authority

Current through June 14, 2024
These rules and regulations are promulgated pursuant to
								R.I. Gen. Laws §
										42-98-7(c).
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.2 - Energy Facility Siting Board

Current through June 14, 2024
A. Meetings shall
							be conducted pursuant to the provisions of the Rhode Island Open Meetings Act.,
							R.I. Gen. Laws §
										42-46-1
et seq
.
B.
							Hearings shall be conducted pursuant to the provisions of the Energy Facility
							Siting Act, R.I. Gen. Laws §
										42-98-1
et seq
., and the Administrative Procedures Act, R.I. Gen. Laws
							§
										42-35-1
et seq
.
C. Public
							Information - Requests for information may be addressed to the Coordinator,
							Energy Facility Siting Board, 89 Jefferson Boulevard, Warwick, R.I. 02888.
							Public records are available for public inspection and copying at the offices
							of the Board from 8:45 to 4:00 p.m. on regular business days. The Board's
							website is
http://www.ripuc.org/efsb/index.html
.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.4 - Appearances and Practice Before the Board

Current through June 14, 2024
1.4.1
Appearances
A. All parties to a
							proceeding shall be represented by an attorney, unless otherwise ordered by the
							Board for good cause shown. Participants, other than parties, may appear in any
							proceeding in person or by an attorney.
B. Any person testifying of making a
							statement before the Board or the presiding officer may, but shall not be
							required to be, accompanied, represented, and advised by an attorney.
C. All persons appearing before the Board or
							the presiding officer must conform to the standards of ethical conduct required
							of practitioners before the courts of Rhode Island.
D. Any person appearing before or transacting
							business with the Board in a representative capacity may be required by the
							Board or the presiding officer to file evidence of his authority to act in such
							a capacity.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.5 - Filing Requirements

Current through June 14, 2024
A. Filing - The
							filing of all applications for a license to site, construct or alter a major
							energy facility in Rhode Island shall be made with the Coordinator.
B. Contents - The application shall conform
							with all requirements of this Part.
C. Other Filings - All other documents of any
							kind filed with the Board by any party regarding an application to site,
							construct or alter a major energy facility in Rhode Island shall be filed with
							the Coordinator and shall state the name and address and telephone number of
							the party filing the document.
D.
							Certification - Any party filing documents with the Coordinator shall also file
							a copy of the document with each party. The filing shall contain a signed
							certification that a copy of the document was mailed postage prepaid to all
							parties.
E. Number of Copies - The
							original and seven (7) copies of applications and documents shall be filed with
							the Coordinator.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.7 - Docketing

Current through June 14, 2024
A. Return of Application - An application
							that does not meet the requirements of the Act and this Part shall not be
							docketed and shall be returned to the Applicant together with a concise and
							explicit written statement of the application's deficiencies. Such statement
							shall be forwarded to the Board.
B.
							Resubmission of Application - A resubmission of an application initially
							returned pursuant to §
										1.7(A)     of
							this Part shall be docketed within fifteen (15) days of the filing of the
							resubmission. The Coordinator shall send written notice of the docketing date
							to the Board and the Applicant together with specification of any continuing
							deficiencies.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.8 - Notice

Current through June 14, 2024
A. Notice Required - The Board shall give, or
							shall require any party to give, notice of the commencement of a scheduled
							hearing in any pending matter to all parties and to such other persons as the
							Board designates. After commencement, a hearing may by adjourned to a
							subsequent day upon oral notice to those present at the time of
							adjournment.
B. Form of Notice -
							Notice shall be by first class mail or personal service unless otherwise
							specified by the Board and shall be published in The Providence
							Journal-Bulletin and another newspaper of general circulation in the area in
							which the proposed facility is to be located. Nothing herein, however, shall
							limit the power of the Board to order notice by other means, including but not
							limited to notice by publication or notice in periodic bills sent to utility
							customers.
C. Contents of Notice -
							Notice shall include:
1. A statement of the
							time, place and nature of the hearing,
2. A statement of the legal authority and
							jurisdiction under which the hearing is held;
3. A reference to the particular sections of
							any statutes and rules involved and;
4. A short and plain statement of the matters
							involved. If at the time notice is given the Board or the party giving notice
							is unable to state the matters in detail which are to be the subject of the
							hearing, the initial notice may be limited to a statement of the issues
							involved and a detailed statement may be furnished at a later time.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.10 - Intervention

Current through June 14, 2024
A. Participation in a proceeding as an
							intervenor may be initiated as follows:
1. By
							the filing of a notice of intervention by CRMC, DEM, the city or town in which
							the proposed facility is to be located or designated agencies.
2. By order of the Board upon a motion to
							intervene B. Who May Intervene - Subject to the provisions of this Part, any
							person claiming a right to intervene or an interest of such nature that
							intervention is necessary or appropriate may intervene in any proceeding before
							the Board. Such right or interest may be:
1. A
							right conferred by statute.
2. An
							interest which may be directly affected and which is not adequately represented
							by existing parties and as to which petitioners may be bound by the Board's
							action in the proceeding.
3. Any
							other interest of such nature that petitioner's participation may be in the
							public interest.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.11 - Advisory Opinions

Current through June 14, 2024
A. Advisory Opinion
							- Each designated agency shall render its advisory opinion, to the extent
							possible, pursuant to procedures that would be followed absent Board
							designation of the agency. Where necessary an agency shall modify its
							procedures to conform to the requirements of the Act, these Rules of Practice
							and Procedure and the preliminary decision of the Board.
B. Limitation of Agency Investigation - The
							Board shall limit the scope of any designated agency's investigation of any
							issue to be considered by the Board when it finds that more than one agency has
							jurisdiction over the issue in the hearing process. Such limitation shall be
							expressly stated in writing, shall identify the agency which shall address the
							issue in its advisory opinion and shall be based on the Board's consideration
							of the relative expertise and resources of the agencies having concurrent
							jurisdiction and any other pertinent matter.
C. Form of Advisory Opinion - A designated
							agency's advisory opinion shall conform with the Rhode Island Administrative
							Procedures Act requirements regarding Decisions and Orders. The advisory
							opinion shall be clearly identified as an advisory opinion issued to the Board
							for consideration at the Board's final hearing.
D. Time - An advisory opinion shall be
							rendered not more than six (6) months following the Board's designation of the
							agency or within such lesser time as the Board may in writing
							require.
E. Forfeiture - A
							designated agency's right to issue an advisory opinion shall be forfeited to
							the Board if the designated agency does not render an advisory opinion within
							the time limits established above.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.12 - Final Hearings

Current through June 14, 2024
A. Purpose - After
							the time in which advisory opinions must be submitted, the Board shall convene
							a final hearing which shall provide the applicant, intervenors, the public and
							all other parties the opportunity to address in a single forum and from a
							consolidated statewide perspective, the issued reviewed and the recommendations
							made in the proceedings before designated agencies and DEM and CRMC.
B. Notice - Public notice of the date on
							which the final hearing shall begin shall be published within fifteen (15) days
							of the date on which advisory opinions must be submitted. Final hearings must
							commence not later than forty-five (45) days after the date on which advisory
							opinions must be submitted.
C.
							Testimony & Evidence - Not later than ten (10) days before the commencement
							date for the final hearing, each party shall file with the Coordinator all
							direct testimony in writing and copies of all documents and other evidence that
							the party proposes to introduce at the final hearing. Except for good cause
							shown, the Board will not receive direct testimony, documents or other evidence
							that has not been prefiled as required above. The Board may limit the
							presentation of repetitive or cumulative evidence and, except for good cause
							shown, shall not rehear evidence which was presented previously in proceedings
							before designated agencies and DEM and CRMC.
D. Participation of the Parties in Agency
							Proceedings
1. Notwithstanding the provisions
							of this Part, parties shall have the obligation to present all relevant
							testimony and evidence and to fully participate in designated agency
							proceedings held pursuant to a preliminary decision of the Board and in DEM and
							CRMC proceedings regarding licenses for energy facilities which are exercised
							pursuant to delegated authority of federal law, pursuant to state law and
							regulations which implement such federal or state laws.
2. The Board may limit or prohibit the
							presentation of testimony and evidence regarding issues addressed in a
							designated agency's advisory opinion or in a DEM or CRMC proceeding regarding
							licenses for energy facilities. The Board shall consider the relevance of such
							testimony or evidence to the advisory opinion and grant or denial of a Board
							license, whether the testimony or evidence could have been presented by the
							party at the designated agency, DEM of CRMC proceeding, whether the rights
							participants in the designated agency, DEM or CRMC will be prejudiced by
							receipt of the testimony or evidence and any other factor deemed relevant by
							the Board.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.13 - Final Decision

Current through June 14, 2024
A. Time - The Board
							shall issue its Final Decision not later than one hundred twenty (120) days
							after the commencement of final hearings or not later than sixty (60) days
							after all testimony and evidence has been received, whichever time period is
							shorter.
B. Form - The Final
							Decision shall conform to the Rhode Island Administrative Procedures Act
							requirements regarding Decisions and Orders.
C. Findings - The Board shall make specific
							findings regarding and shall grant a Board License only upon a finding that the
							applicant has shown that:
1. Construction of
							the proposed facility is necessary to meet the needs of the state and/or region
							for energy of the type to be produced by the produced facility,
2. The proposed facility is
							cost-justified,
3. The proposed
							facility can be expected to produce energy at the lowest reasonable cost to the
							consumer consistent with the objective of ensuring that the construction and
							operation of the proposed facility will be accomplished in compliance with all
							of the requirements of the laws, rules, regulations, and ordinances, under
							which, absent the Act, a license would be required, or that consideration of
							the public health, safety, welfare, security and need for the proposed facility
							justifies a waiver or some part of such requirements when compliance therewith
							cannot be assured,
4. The proposed
							facility will not cause unacceptable harm to the environment, and
5. The proposed facility will enhance the
							socioeconomic fabric of the state.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.15 - Suspension of Proceedings and Suspension or Revocation of Board License

Current through June 14, 2024
A. Board Proceedings
1. Generally - Failure of the applicant to
							comply with any duly promulgated board rule, regulation, requirement or
							procedure for the licensing of energy facilities or failure to pay lawfully
							assessed expenses shall constitute grounds for suspension of licensing
							proceedings.
2. Suspension Hearings
							- Prior to the suspension of licensing proceedings the Board shall issue a
							written "Show Cause" order setting a date on which the applicant must appear
							before the Board to show cause why the licensing proceedings should not be
							suspended. The "Show Cause" shall specifically state the alleged
							non-compliance. A "Show Cause" hearing shall be scheduled not later than ten
							(10) days and not sooner than forty-eight (48) hours after the issuance of a
							"Show Cause" Order.
3. Suspension
							Order - After a "Show Cause" Hearing, the Board may in writing at any time
							without additional hearing or prior notice suspend licensing proceedings if the
							noncompliance addressed at the "Show Cause" Hearing is not rectified.
4. Tolling - Suspension shall toll the Act's
							time limits for beginning and completing hearings and for rendering
							decisions.
5. Cancellation of
							Suspension - The Board may in writing at any time cancel a suspension of Board
							proceedings if the noncompliance has been rectified or is no longer of
							consequence to the parties and the Board.
6. Time Limits - After a suspension is
							canceled, counting of the statutory time limits for beginning and completing
							hearings and for rendering decisions shall resume at the point in which the
							suspension occurred or, if the Board finds it necessary to the orderly conduct
							of the proceedings, at the beginning of any statutory time period.
7. Initiation - The Board may issue a "Show
							Cause" Order at the request of a party or on the Board's own motion.
8. Noncompliance Order - Nothing in this
							section shall limit the authority of the Board to issue orders to remedy
							noncompliance with these rules, a Board License, licenses, the Act or orders of
							the Board.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.16 - Judicial Review

Current through June 14, 2024
A. Preliminary
							Decision and Advisory Opinions - The preliminary decision of the Board and
							advisory opinions of designated agencies are interlocutory decisions for which
							judicial review is not available until the Board issues its Final
							Decision.
B. Final Decision,
							Judicial Review - Judicial review of a Board decision is governed by R.I. Gen.
							Laws §
										42-98-12.
C. Judicial Review of Rules - The validity or
							applicability of any rule of the Board may be determined in an action for
							declaratory judgment in the Superior Court of Providence County, when it is
							alleged that the rule, or is threatened application, interferes with or
							impairs, or threatens to interfere with or impair, the legal rights and
							privileges of the plaintiff. The Board shall be made a party to the
							action.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.17 - Motions

Current through June 14, 2024
A. General - Other than oral motions made
							during a hearing, any application to the Board to take any action or to enter
							any order after commencement of a proceeding or after commencement of an
							investigation by the Board shall be made in writing, shall be filed with the
							Coordinator, shall state specifically the grounds therefor, shall set forth the
							action or order sought, and shall be served upon all person entitled thereto by
							these rules.
B. Delay of Proceeding
							- Except as otherwise directed by the Board, the filing of a motion, either
							prior to or during any proceeding, and any action thereon, shall not delay the
							conduct of such proceeding.
C.
							Objections - Any party objecting to a written motion filed pursuant to this
							rule shall within five (5) days of the service of the motion, file an objection
							thereto in writing setting forth in detail the grounds for the objection. The
							time for filing objections may be varied by order of the Board.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.18 - Time

Current through June 14, 2024
A. Computation of Time - Except as otherwise
							provided by law, in computing any period of time prescribed or allowed by any
							rule, regulation, or order of the Board, or by any applicable statute, the day
							of the act, event, or default from or after which the designated period of time
							begins to run shall not be included, but the last day of the period so computed
							shall be included, unless it is a Saturday, Sunday, or a legal holiday in Rhode
							Island, in which event the period shall run until the end of the next day which
							is not a Saturday, Sunday, or a holiday.
B. Extension of Time - Except as otherwise
							provided, whenever by any rule, regulation, or order of the Board, or any
							notice given thereunder, an act is required or allowed to be done at or within
							a specified time, the time fixed or the period of time prescribed may, for good
							cause, be extended upon motion made before expiration of the period originally
							prescribed or as previously extended, and upon motion made after the expiration
							of the specified period, the act may be permitted to be done, where reasonable
							grounds are shown for the failure to act.
C. Continuances - Except as otherwise
							provided by the Act, the Board may, for good cause at any time, with or without
							motion, continue or adjourn any hearing. A hearing before the Board shall begin
							at the time and place fixed in an order or a notice, but thereafter may be
							adjourned from time to time or from place to place by the Board.
D. Requests for Time Extensions - Except as
							otherwise provided by law, requests for extensions of time in which to perform
							any act required or allowed to be done at or within as specified time by any
							rule, regulation, or order of the Board, shall be by motion in writing, timely
							filed with the Board, stating the facts on which the application rests, except
							that during the course of a hearing in a proceeding, such requests may be made
							by oral motion. Written motions filed under this section shall conform to the
							requirements of §
										1.17     of this Part.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.19 - Formal Requirements as to Applications, Petitions, Motions and Other Papers Filed in Proceedings

Current through June 14, 2024
A. Title - All
							papers filed with the Board in any proceeding shall clearly show the docket
							designation and title of the proceeding before the Board. The initial
							application or petition filed shall also show, in the title, the names of all
							persons in whose behalf the filing is made. If more than one person is
							involved, a single name only need by included in the title of subsequent papers
							filed.
B. Signature - Except as may
							be otherwise required by the Board, the original copy of each application,
							petition, protest, motion, objection, brief, rate schedule, notice, report,
							statement and other paper or amendment thereto, shall be signed by the party in
							interest, or by its attorney, as required by these rules, and shall show the
							office, address and telephone number of the same. All other copies filed shall
							be fully conformed thereto.
C.
							Effect of Signature - The signature of the person, officer or attorney on any
							paper filed with the Board constitutes a certification by such individual that
							he or she has read the paper being subscribed and filed, and knows the contents
							thereof, that if executed in any representative capacity, the matter has been
							subscribed and executed in the capacity specified upon the pleading or matter
							filed with full power and authority to so do, that the contents are true as
							stated, except as to matters and things, if any stated on information and
							belief, and that those matters and things are believed to be true.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.20 - Service

Current through June 14, 2024
A. Service Upon Parties - A copy of all
							pleadings and other documents filed in any proceeding governed by these rules
							shall be served upon all other parties. If a party appears after the original
							documents have been filed, a copy of all papers previously filed shall be
							furnished to such person if the person so requests. Service shall also be
							effected on any other person designated to receive service by the Board, member
							of the Board, or the Coordinator.
B. Manner of Service - Unless otherwise
							ordered by the Board, service under these rules shall be made upon a party or
							participant or upon his or her attorney, if an appearance has been entered, by
							first class mail postage prepaid or by hand-delivery to his or her place of
							business.
C. Date of Service - The
							date of service shall be the day when the matter served is deposited in the
							mail, or is delivered in person, as the case may be. In computing the time from
							such date, the provisions of §
										1.18     of this Part shall
							apply.
D. Certificate of Service -
							There shall accompany and be attached to the original of each paper filed with
							the Board in a proceeding, when service is required to be made, a certification
							of service.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.21 - Assessment of Expenses

Current through June 14, 2024
A. Responsibility -
							An applicant shall be charged with and shall pay the expenses reasonably
							incurred by the Board and Designated Agencies for hearing and investigation
							relating to the applicant's application.
B. Payment - The Board in its discretion may
							require prepayment of such expenses or a portion of such expenses. The amount
							of prepayment shall be based on the Board's best estimate of expenses to be
							incurred for stenographers, engineers, chemists, accountants, legal counsel,
							expert witnesses, travel and materials for the hearing or investigation.
							Payment shall be made by the applicant within thirty (30) days after the
							rendition of the bill.
C. Deposit
							of Prepayment - Monies prepaid shall be deposited in an interest-bearing
							account and shall be drawn on as needed by the Board or the Coordinator to
							satisfy expenses actually incurred.
D. Accounting of Prepayment - A complete
							accounting of monies prepaid by the applicant and charges made against
							prepayments shall be kept by the Coordinator and shall be available to the
							applicant upon request.
E. Return
							of Prepayment - Any monies prepaid and not expended shall be promptly returned
							to the applicant with appropriate interest after the end of Board proceedings
							after there has been an accounting of all Board and Designated Agency
							expenses.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.22 - Pre-Hearing Procedure

Current through June 14, 2024
A. Generally
1. At any time subsequent to the filing of an
							application, the Board, on its own motion or at the request of any party, may
							hold a prehearing conference, for the purpose of determining a date for the
							close of discovery, simplifying issues, considering admissions of fact and
							documents, limiting the number of expert witnesses, scheduling the filing of
							exhibits, testimony, and briefs, scheduling public hearings and such other
							matters as the Board shall deem appropriate.
2. At or before a pre-hearing conference, the
							Board may order a party to file copies of exhibits, names and addresses of all
							witnesses it intends to call in its direct case, together with a short
							statement of the purposes of each exhibit and of the testimony of each witness.
							After the entry of such an order, a party shall not be permitted, except in the
							discretion of the Board, to introduce into evidence in its direct case exhibits
							which are not filed in accordance with the order.
3. At the conference the Board may also
							designate a date before which it requires any party in interest to specify what
							items shown by filed exhibits are conceded. Further proof of such conceded
							items will not be required.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.23 - Hearings

Current through June 14, 2024
A. Generally
1. Except as permitted or required by law,
							all hearings shall be public. The Board may, however, limit the number of
							spectators and participants to the extent that safety and good order require.
							The Board may also eject or bar the admission of any person who disrupts or
							threatens to disrupt a public hearing.
2. All hearings shall be held at the offices
							of the Board, unless by statute or order of the Board a different place is
							designated.
3. The hearing shall be
							conducted by a presiding officer who shall be the Chairperson or a Board member
							appointed by the Chairperson. The presiding officer, any Board member, or the
							Coordinator may administer oaths and affirmations, and the presiding officer
							shall make all decisions regarding the admission or exclusion of evidence or
							any other procedural matters which may arise in the course of the
							hearing.
4. Parties shall have the
							right of presentation of evidence, cross-examination, objection, motion and
							argument. The Board and, Board counsel may examine witnesses and require
							additional testimony.
5. The Board
							or the presiding officer may limit appropriately the number of expert witnesses
							that may be heard upon any issue.
6. At any stage of the hearing the Board or
							the presiding officer may call for further evidence upon any issue, and require
							such evidence to be presented by the party or parties concerned, either at that
							hearing or adjournments thereof. At the hearing, the Board or the presiding
							officer may, if deemed advisable, authorize any participant to file specific
							documentary evidence as part of the record within a fixed time, expiring not
							less than ten (10) days before the date fixed for filing and serving
							briefs.
Rhode Island Code of Regulations › Title 445 - Energy Facility Siting Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of Practice and Procedure › Section 445-RICR-00-00-1.24 - Copies of Transcripts

Current through June 14, 2024
A. Availability in
							Public Hearings - The Board will cause to be made a stenographic or electronic
							record of all public hearings and such transcripts thereof as it requires for
							its own purposes. Persons desiring a transcript may obtain the same from the
							official reporter upon payment of the fees fixed therefor.
B. Transcript Corrections - Corrections in
							the official transcript may be made only to make it conform to the evidence
							presented at the hearing. Transcript corrections agreed to by opposing
							attorneys may be incorporated into the record, if and when approved by the
							presiding officer, at any time during the hearing, or after the close of
							evidence, but not more than ten (10) days from the date of receipt of the
							transcript. The presiding officer may call for the submission of proposed
							corrections and may make disposition thereof at appropriate times during the
							course of the proceeding.