TITLE 45
Towns and Cities

CHAPTER 45-22.2
Rhode Island Comprehensive Planning and Land Use Act

SECTION 45-22.2-9.1


§ 45-22.2-9.1. Appeals.

(a) A decision of the chief involving the disapproval of a comprehensive plan or amendment thereto, or rescission in whole or in part, of a plan approval may be appealed by the municipality under the provisions of chapter 42-35, the Administrative Procedures Act, to a hearing officer designated by the director of the department of administration.

(b) The decision of the hearing officer shall be in writing and shall include findings of fact and conclusions of law as required in § 42-35-12. The chief 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 reason therefor. The hearing officer shall not revise the comprehensive plan or amendment thereto, but may suggest alternative language as part of his or her decision.

(c) A municipality, having exhausted all administrative remedies available within the agency, and who is aggrieved by a final administrative decision is entitled to judicial review under the provisions of § 42-35-15, the Administrative Procedures Act.

History of Section.
(P.L. 2011, ch. 215, § 1; P.L. 2011, ch. 313, § 1.)