(a)  Prior to suspending the hunting, trapping, or fishing privileges of any person under §?20-39-3 or §?20-39-4, the department of environmental management shall immediately notify the person in writing. The person may, within twenty (20) days of the notice, request a hearing before the department on whether the requirements for suspension have been met.

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Terms Used In Rhode Island General Laws 20-39-5

  • Conviction: A judgement of guilt against a criminal defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6

(b)  Upon request, the department shall set a hearing as early as practicable.

(c)(1)  The requesting person may present evidence and arguments at the hearing contesting whether:

(i)  A participating state suspended the person’s privileges;

(ii)  There was a final conviction in the participating state;

(iii)  The person failed to comply with the terms of a citation issued for a wildlife violation in a participating state; or

(iv)  A conviction in a participating state could have led to the forfeiture of privileges under Rhode Island law.

(2)  Grounds other than those listed in subsection (a) may not be used to contest the department’s decision to suspend the person’s privileges.

(d)  At the hearing, the department, through its authorized agent, may:

(1)  Administer oaths;

(2)  Issue subpoenas for the attendance of witnesses; and

(3)  Admit all relevant evidence and documents, including notifications from participating states.

(e)  Following the hearing, the department, through its authorized agent, may, based on the evidence, affirm, modify, or rescind the suspension of privileges.

History of Section.
P.L. 2013, ch. 449, § 1; P.L. 2013, ch. 477, § 1.