Chapter 114
2010 -- H 7918 SUBSTITUTE A AS
AMENDED
Enacted 06/22/10
A N A C T
RELATING TO
STATE AFFAIRS AND GOVERNMENT -- ADMINISTRATIVE
ADJUDICATION FOR
ENVIRONMENTAL MATTERS
Introduced By: Representatives DeSimone, Ucci, Lally, Flaherty, and Palumbo
Date Introduced: March 17, 2010
It is enacted by the
General Assembly as follows:
SECTION 1. Section 42-17.7-6 of the General Laws in Chapter
42-17.7 entitled
"Administrative
Adjudication for Environmental Matters" is hereby amended to read as
follows:
42-17.7-6.
Hearings -- Orders -- Concurrent jurisdiction. --
(a) Subject to the
provisions of section 42-17.7-2, every hearing for the
adjudication of a violation or for a license
shall be held before a hearing officer. The chief hearing
officer shall assign a hearing officer to
each matter. After due consideration of the evidence and
arguments, the hearing officer shall
make written proposed findings of fact and proposed
conclusions of law which shall be made
public. when submitted to the director for review. The
director may in his or her discretion adopt,
modify, or reject such findings of fact and/or conclusions
of law provided; however, that any such
modification or rejection of the proposed findings of fact or
conclusions of law shall be in writing
and shall state the rationale therefor.
(b) The department of
environmental management and the coastal resources
management council shall promulgate such rules and regulations,
not inconsistent with law, as to
assure uniformity of proceedings as applicable.
SECTION 2. Section 42-35-1 of the General Laws in Chapter
42-35 entitled
"Administrative
Procedures" is hereby amended to read as follows:
42-35-1.
Definitions. -- As used in this chapter:
(1) "Agency"
includes each state board, commission, department, or officer, other than
the legislature or the courts, authorized by law to make
rules or to determine contested cases, and
all "authorities", as that term is defined
below;
(2)
"Authorities" includes the following: the
the
corporation, the
authority, the
waste management corporation, the
student loan authority, the Howard development corporation,
the water resources board, the
assistance authority, the
district commission, the
successors and assigns, and any body corporate and politic with
the power to issue bonds and
notes, which are direct, guaranteed, contingent, or moral obligations
of the state, which is
hereinafter created or established in this state.
(3) "Contested
case" means a proceeding, including but not restricted to ratemaking,
price fixing, and licensing, in which the legal rights,
duties, or privileges of a specific party are
required by law to be determined by an agency after an
opportunity for hearing;
(4) "License"
includes the whole or part of any agency permit, certificate, approval,
registration, charter, or similar form of permission required by
law, but it does not include a
license required solely for revenue purposes;
(5)
"Licensing" includes the agency process respecting the grant, denial,
renewal,
revocation, suspension, annulment, withdrawal, or amendment of a
license;
(6) "Party"
means each person or agency named or admitted as a party, or properly
seeking and entitled as of right to be admitted as a party;
(7) "Person"
means any individual, partnership, corporation, association, the department
of environmental management, governmental subdivision, or public or private
organization of
any character other than an agency;
(8) "Rule"
means each agency statement of general applicability that
implements,
interprets, or prescribes law or policy or describes the organization,
procedure, or practice
requirements of any agency. The term includes the amendment or
repeal of a prior rule, but does
not include: (1) statements concerning only the internal
management of an agency and not
affecting private rights or procedures available to the public,
or (2) declaratory rulings issued
pursuant to section 42-35-8, (3) intra-agency memoranda, or
(4) an order;
(9) "Small
business" shall have the same meanings that are provided for under title
13, volume 1, part 121 of the Code of Federal
Regulations (13 CFR 121, as may be amended
from time to time);
(10) "Order"
means the whole or a part of a final disposition, whether affirmative,
negative, injunctive or declaratory in form, of a contested
case;
(11) "Small
business advocate" means the person appointed by the director of the
economic development corporation as provided in section
42-64-34.
SECTION 3. This act shall take effect upon passage.
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LC02216/SUB A
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