(a)  A decision of the chief involving the disapproval of a comprehensive plan or amendment thereto, or rescission in whole or in part, of a plan approval may be appealed by the municipality under the provisions of chapter 35 of Title 42, the Administrative Procedures Act, to a hearing officer designated by the director of the department of administration.

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Terms Used In Rhode Island General Laws 45-22.2-9.1

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Chief: means the highest-ranking administrative officer of the division of planning as established by §? 42-11-10(g). See Rhode Island General Laws 45-22.2-4
  • 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
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.

(b)  The decision of the hearing officer shall be in writing and shall include findings of fact and conclusions of law as required in § 42-35-12. The chief may, in his or her discretion, adopt, modify, or reject such findings of fact and/or conclusions of law provided; however, that any such modification or rejection of the proposed findings of fact or conclusions of law shall be in writing and shall state the reason therefor. The hearing officer shall not revise the comprehensive plan or amendment thereto, but may suggest alternative language as part of his or her decision.

(c)  A municipality, having exhausted all administrative remedies available within the agency, and who is aggrieved by a final administrative decision is entitled to judicial review under the provisions of § 42-35-15, the Administrative Procedures Act.

History of Section.
P.L. 2011, ch. 215, § 1; P.L. 2011, ch. 313, § 1.