Rhode Island General Laws 5-20-28. Procedure for revocation of license
(a) No proceedings to revoke a license, as provided in this section, shall be instituted unless filed with the department of labor and training within one year immediately following the date, or dates, of violation.
Terms Used In Rhode Island General Laws 5-20-28
- 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.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Continuance: Putting off of a hearing ot trial until a later time.
- 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
- Journeyperson irrigator: as used in this chapter , means a person who has performed all phases of a project under the supervision of a master irrigation licensee for a period of not less than one year. See Rhode Island General Laws 5-20-5.1
- Journeyperson plumber: as used in this chapter , means any employee, except an apprentice plumber as subsequently defined, whose principal occupation is the installation, maintenance, or repair of plumbing, as defined in § 5-20-2. See Rhode Island General Laws 5-20-4
- Master irrigator: as used in this chapter , means a person who has performed in the capacity of a journeyperson irrigator as defined in Rhode Island General Laws 5-20-3.1
- Master plumber: as used in this chapter , means any person who, as an independent contractor, engages in this state in the business of installation, maintenance, or repair of plumbing in the building or upon the premises where that plumbing, as defined in § 5-20-2, is or is to be located, either by contract or agreement with the owner, lessee, tenant, or agent of those premises or building, or who employs one or more journeyperson plumbers, one or more plumber's apprentices or other persons to assist in that installation, maintenance, or repair work or who performs any acts specified in this chapter for performance by a "master plumber. See Rhode Island General Laws 5-20-3
- Plumbing: means :
(i) All fittings, fixtures, appliances, and connections that are located within a building or a structure, or within five feet (5?) of the outer walls of a building or structure and that connect said building or structure, where a person or persons live, work, or assemble, with the source of public or private water supply used or intended for domestic or personal use, as well as any interconnecting piping between buildings or structures;
(ii) All piping, fittings, fixtures, and appliances for a sanitary drainage and related ventilation system, direct or indirect, within that building; and
(iii) Air piping, medical, and laboratory gas systems including, but not limited to, oxygen and nitrous oxide. See Rhode Island General Laws 5-20-2
(b) No license of a master plumber, master irrigator, master water-filtration/treatment-system installer or journeyperson plumber, journeyperson irrigator, or journeyperson water-filtration/treatment-system installer shall be revoked or cancelled until after a full and impartial hearing as provided in this section.
(c) No hearing for the purpose of revoking any license of a master plumber, master irrigator, or master water-filtration/treatment-system installer, or journeyperson plumber, journeyperson irrigator, or journeyperson water-filtration/treatment-system installer shall be held unless there is first placed on file with the department a verified complaint, in writing, reciting in the complaint with reasonable particularity, a statement of facts which, if proved, would be sufficient to constitute a violation of one or more of the specifications for revocation of license as prescribed in § 5-20-27.
(d) Upon the filing of a verified complaint, as provided in this section, the department shall promptly set a date for a hearing of the charges of the complaint which shall be held in the city of Providence. The department shall promptly, by registered or certified mail, forward to the licensee charged in the complaint a true and correct copy of the complaint and notification of the time and place when and where a hearing of those charges is to be held.
(e) At the time and place fixed in the notification, the division of professional regulation or upon appeal from the division, the board of plumbing examiners, upon supervision of the department, shall proceed to a hearing of the charges specified in the complaint. No hearing upon the charges of the complaint shall be had unless the records of the department contain evidence that the licensee charged in the complaint has been served with a copy of the complaint and notification at least twenty (20) days prior to the date of the hearing; provided, that the appearance of the charged licensee, either in his or her own behalf or by counsel, constitutes proof that sufficient notice of the hearing was served.
(f) A complaining party by himself or herself or by counsel may aid in the presentation of evidence toward sustaining the complaint. Ample opportunity shall be accorded for a hearing of all evidence and statement of counsel, either in support of or against, the charges of the complaint. Upon good cause shown the date of the hearing on the complaint may be continued provided the licensee and other interested parties are reasonably notified about the date of the continuance.
History of Section.
P.L. 1945, ch. 1661, § 26; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 5-20-28; P.L. 1985, ch. 181, art. 54, § 1; P.L. 1999, ch. 115, § 1; P.L. 2001, ch. 214, § 2; P.L. 2016, ch. 26, § 1; P.L. 2016, ch. 31, § 1.