§ 5-31.1-18 - Appeal from the decision of the director of the department of health. - Rhode Island Statutes

SECTION 5-31.1-18

   § 5-31.1-18  Appeal from the decision ofthe director of the department of health. – (a) Any person whose license or limited registration to practice dentistry orlicense to practice dental hygiene has been revoked or suspended by the boardand/or director or is aggrieved by the decision of the board and/or directorshall have the right of judicial review of the board's and director's decision.That review is initiated by serving on the director a notice of appeal andfiling this notice of appeal with a complaint in accordance with the Rules ofCivil Procedure in the superior court within thirty (30) days after thedecision of the director.

   (b) The director shall, within twenty (20) days after theservice of the notice of appeal, transmit to the clerk of the superior court towhich the appeal is taken a transcript of the record of the board certifiedunder the seal of the board, together with a certified copy of the board'swritten findings, all of which is admissible as evidence.

   (c) The findings of the board and/or director are final andconclusive, subject to review in the superior court pursuant to theAdministrative Procedures Act, chapter 35 of title 42. Any appeal taken to thesuperior court has precedence on the calendar, is considered an emergencymatter and, when practicable, shall be heard in any event not later than thirty(30) days from the date of appeal. There is no stay pending this appeal of anysanction imposed by the director unless it is determined that the matter cannotbe placed on the court's docket within the specified time. Except as providedin this chapter, appeals follow the procedures stated in the AdministrativeProcedures Act, chapter 35 of title 42.