§ 5-20.5-16 - Appeals. - Rhode Island Statutes

SECTION 5-20.5-16

   § 5-20.5-16  Appeals. – (a) The provisions of the Administrative Procedures Act, chapter 35 of title42, and all amendments and modifications to that Act and the rules adoptedpursuant to the Act, apply to and govern all proceedings for the judicialreview of final administrative decisions of the department of businessregulation. Any party aggrieved by a final administrative decision of thedepartment may seek review of that decision in the superior court of the countyof his or her residence.

   (b) Any person aggrieved has the right of appeal from anyadverse ruling, order, or decision of the department of business regulation toa court of competent jurisdiction in the county where the hearing was heldwithin thirty (30) days from the service of notice of the action of thedepartment upon the parties to the hearing.

   (c) Notice of appeal shall be filed in the office of theclerk of the court, which shall issue a writ of certiorari directed to thedepartment of business regulation, commanding it, within fifteen (15) daysafter service of the writ, to certify to the court its entire record in thematter in which the appeal has been taken. The appeal shall be heard, in duecourse, by the court, which shall review the record and, after a hearing on thematter, make its determination of the cause.

   (d) A final administrative decision of the department ofbusiness regulation shall not become effective until time for appeal hasexpired. If an appeal is taken, it shall not act as a supersedeas unless thecourt so directs.

   (e) Any person taking an appeal shall post a bond in theamount of one thousand dollars ($1,000) for the payment of any costs which maybe assessed against him or her.