Rhode Island General Laws 40.1-24-8. Review of license action
Any applicant or licensee or the state acting through the attorney general, aggrieved by the decision of the department after a hearing may, within thirty (30) days after the mailing or serving of notice of the determination, as provided in § 40.1-24-7, file a notice of appeal in the superior court of the county in which the facility or program is located, or to be located, and serve a copy of the notice of appeal upon the department. The appeal shall serve as a stay of the denial, suspension, or revocation on being filed with the clerk of the court for a period not to exceed thirty (30) days not counting Sundays or legal holidays for a further period of thirty (30) days from the day of serving of the notice. If the appeal has not been heard or disposed of within the thirty-day (30) period, the denial, suspension, or revocation shall no longer be stayed but shall remain in full force and effect during any further pendency of the appeal unless the superior court shall, for good cause shown, extend the period of the stay, but in no event shall the period be extended beyond the date when the superior court shall render its judgment upon the appeal.
History of Section.
P.L. 1972, ch. 160, § 1; P.L. 1978, ch. 150, § 2; G.L. 1956, § 23-43.3-8; P.L. 1979, ch. 39, § 1.
Terms Used In Rhode Island General Laws 40.1-24-8
- 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.
- Department: means the department of behavioral healthcare, developmental disabilities and hospitals. See Rhode Island General Laws 40.1-24-1
- Facility: means any community residence, day-treatment program, rehabilitation program, public or private, excluding hospitals or units within hospitals for persons with mental illness, addiction/substance abuse disorders or who are persons with developmental disabilities or cognitive disabilities such as brain injury providing program services that do not constitute medical or custodial care, but do offer rehabilitation, habilitation, psychological support, and social guidance. See Rhode Island General Laws 40.1-24-1
- Program: means a planned service-delivery system structured to provide specific components that are responsive to the needs of those served. See Rhode Island General Laws 40.1-24-1