Rhode Island General Laws 5-20.9-18. Hearing before revocation or suspension or refusal of registration
(a) Before refusing to issue a registration or suspending or revoking a registration, the director shall notify the applicant or registrant of his or her intended action and the grounds for the action. The applicant or registrant may, within twenty (20) days, file with the director a request for a hearing setting out an answer to the grounds specified in the notification. The director shall consider the answer and set a date for the hearing, notifying the applicant or registrant of that date at least twenty (20) days prior to the hearing date.
Terms Used In Rhode Island General Laws 5-20.9-18
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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.
- Controlling person: means :
(i) An owner, officer, or director of a corporation, partnership, or other business entity seeking to offer appraisal management services in this state; or
(ii) An individual employed, appointed, or authorized by an appraisal management company who has the authority to enter into a contractual relationship with clients for the performance of appraisal management services and has the authority to enter into agreements with independent appraisers for the performance of residential real estate appraisal services; or
(iii) An individual who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of an appraisal management company. See Rhode Island General Laws 5-20.9-2
- Department: means the department of business regulation. See Rhode Island General Laws 5-20.9-2
- Director: means the director of the department of business regulation. See Rhode Island General Laws 5-20.9-2
- 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
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Service of process: The service of writs or summonses to the appropriate party.
(b) Before refusing to issue a registration or suspending or revoking a registration upon the verified written complaint of any person setting out a cause of action under this chapter, the director shall, in writing, notify the accused applicant or registrant of its receipt of the complaint, enclosing a copy of the complaint. The accused applicant or registrant shall, within twenty (20) days, file with the department its answer to the complaint or complaints.
(c) The department shall transmit a copy of the answer to the complainant or complainants and set a time and place for a hearing, which shall be at least twenty (20) days prior to the hearing date.
(d) All notices and answers required or authorized to be made or filed under this section shall be satisfied by personal service on the controlling person of the registrant, or the registrant’s agent for service of process in this state, or by sending the notice to the controlling person of the registrant or to the applicant to the last-known address on file with the department. If served personally, the time runs from the date of service; if served by mail, from the postmarked date of the letter enclosing the document.
(e) The director shall render a decision on any application or complaint after the final hearing in the matter and shall immediately notify the parties to the proceedings, in writing, of its rulings, orders, or decisions. If the matter contained in the complaint has been filed or made a part of a case pending in any court in this state, the director may then withhold its decision until the court action has been concluded.
(f) Hearings shall be held in accordance with rules promulgated by the department in conformity with the provisions of the administrative procedures act, chapter 35 of Title 42 (“APA”). Any party aggrieved by a final administrative decision of the director may appeal the decision in accordance with the provisions of the APA.
History of Section.
P.L. 2017, ch. 14, § 1; P.L. 2017, ch. 26, § 1.