Rhode Island General Laws 42-35-12. Orders
Any final order adverse to a party in a contested case shall be in writing or stated in the record. Any final order shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If a party, in accordance with agency rules, submitted proposed findings of fact, the order shall include a ruling upon each proposed finding. Parties shall be notified either personally or by mail of any order. Included with the final order shall be a separate notice advising the parties of the availability of judicial review, the appeal period and the procedure for filing an appeal, and providing a reference to the statutory authority. If the agency fails to provide such notice, the time for taking an appeal shall be extended for an additional thirty (30) days beyond the time otherwise authorized by law. Upon request, a copy of any final order stated in the record shall be delivered or mailed forthwith to each party and to his or her attorney of record.
History of Section.
G.L. 1956, § 42-35-12; P.L. 1962, ch. 112, § 1; P.L. 1986, ch. 281, § 8; P.L. 2004, ch. 26, § 1; P.L. 2004, ch. 177, § 1.
Terms Used In Rhode Island General Laws 42-35-12
- agency: means a state agency, authority, board, bureau, commission, department, district, division, institution, office, officer, quasi-public agency, or other political subdivisions created by the general assembly or the governor, other than the legislature or the judiciary, that is authorized by law of this state to make rules or to determine contested cases. See Rhode Island General Laws 42-35-1
- 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.
- Contested case: means a proceeding, including but not restricted to, ratemaking, price fixing, and licensing, in which the legal rights, duties, or privileges of a specific party are required by law to be determined by an agency after an opportunity for hearing. See Rhode Island General Laws 42-35-1
- Order: means the whole or a part of a final disposition, whether affirmative, negative, injunctive, or declaratory in form, of a contested case. See Rhode Island General Laws 42-35-1
- Party: means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party. See Rhode Island General Laws 42-35-1
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Rhode Island General Laws 42-35-1
- Writing: means a record inscribed on a tangible medium. See Rhode Island General Laws 42-35-1