Rhode Island General Laws 39-5-1. Judicial review
Any person aggrieved by a decision or order of the commission may, within seven (7) days from the date of the decision or order, petition the supreme court for a writ of certiorari to review the legality and reasonableness of the decision or order. The petition for a writ of certiorari shall fully set forth the specific reasons for which it is claimed that the decision or order is unlawful or unreasonable. Chapter 35 of title 42 shall not be applicable to appeals from the commission. The procedure established by this chapter shall constitute the exclusive remedy for persons and companies aggrieved by any order or judgment of the commission; provided, however, any person aggrieved by a final decision or order of the administrator may appeal therefrom to the superior court pursuant to the provisions of § 42-35-15.
History of Section.
P.L. 1912, ch. 795, § 34; G.L. 1923, ch. 253, § 34; G.L. 1938, ch. 122, § 31; P.L. 1949, ch. 2174, § 1; G.L. 1956, § 39-5-1; impl. am. P.L. 1962, ch. 112; P.L. 1969, ch. 240, § 8; P.L. 1973, ch. 199, § 4.
Terms Used In Rhode Island General Laws 39-5-1
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commission: means the public utilities commission. See Rhode Island General Laws 39-1-2
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.