250 R.I. Code R. § 250-RICR-130-05-1.15 - Appeals

A. The procedures for appeal of Departmental decisions pursuant to the provisions of R.I. Gen. Laws Chapter 42-35 are contained in Part 10-00-1 of this Title, the " Rules and Regulations for the Administration Adjudication Division ".

B. Within thirty (30) days of the receipt of a decision from the Department regarding an application for repair of a dam or hazard classification of a dam, the owner may request an adjudicatory hearing to appeal the decision, or portions thereof. The request for an adjudicatory hearing must be in writing, must comply in form and content for such requests as required by Part 10-00-1 of this Title, the "Rules and Regulations for the Administration Adjudication Division", and must be filed directly with the Administrative Adjudication Division (AAD) of the Department. A copy of such request must also be forwarded to the Dam Safety Program. A request for an adjudicatory hearing automatically stays any contested approval issued for repair of a dam. It shall be the dam owner's burden to demonstrate by a preponderance of the evidence that the application as proposed or hazard classification is consistent with the purposes of the law, complies with these rules and regulations and protects the public, real property and natural resources.

C. Any person who has received a Notice of Violation (NOV) alleging violation of these rules and regulations, or whose approval has been suspended or revoked, may appeal to the Director for review of the decision on which the NOV, suspension or revocation is based by filing an appeal with AAD.

1. Filing of Appeal - All appeals shall be in writing and shall be filed with and received by AAD within twenty (20) days after the date of receipt of the subject NOV, or within thirty (30) days after receipt of the revocation or suspension.

2. Contents of Appeal - Every appeal shall contain a detailed basis upon which the appeal is taken.

Notes

250 R.I. Code R. § 250-RICR-130-05-1.15