Rhode Island General Laws 5-31.1-18. Appeal from the decision of the director of the department of health
(a) Any person whose license or limited registration to practice dentistry or license to practice dental hygiene or license to practice DAANCE-certified maxillofacial surgery assisting has been revoked or suspended by the board and/or director or is aggrieved by the decision of the board and/or director shall have the right of judicial review of the board’s and director’s decision. That review is initiated by serving on the director a notice of appeal and filing this notice of appeal with a complaint in accordance with the Rules of Civil Procedure in the superior court within thirty (30) days after the decision of the director.
Terms Used In Rhode Island General Laws 5-31.1-18
- 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.
- Board: means the Rhode Island board of examiners in dentistry or any committee or subcommittee of the board. See Rhode Island General Laws 5-31.1-1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Director: means the director of the Rhode Island department of health. See Rhode Island General Laws 5-31.1-1
- Docket: A log containing brief entries of court proceedings.
- 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.
- Person: means any individual, partnership, firm, corporation, association, trust or estate, state or political subdivision, or instrumentality of a state. See Rhode Island General Laws 5-31.1-1
- seal: shall be construed to include an impression of the seal made with or without the use of wax or wafer on the paper. See Rhode Island General Laws 43-3-15
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(b) The director shall, within twenty (20) days after the service of the notice of appeal, transmit to the clerk of the superior court to which the appeal is taken a transcript of the record of the board, certified under the seal of the board, together with a certified copy of the board’s written findings, all of which is admissible as evidence.
(c) The findings of the board and/or director are final and conclusive, subject to review in the superior court pursuant to the administrative procedures act, chapter 35 of Title 42. Any appeal taken to the superior court has precedence on the calendar, is considered an emergency matter and, when practicable, shall be heard in any event not later than thirty (30) days from the date of appeal. There is no stay pending this appeal of any sanction imposed by the director unless it is determined that the matter cannot be placed on the court’s docket within the specified time. Except as provided in this chapter, appeals follow the procedures set forth in the administrative procedures act, chapter 35 of Title 42.
History of Section.
P.L. 1987, ch. 358, § 2; P.L. 2014, ch. 95, § 1; P.L. 2014, ch. 163, § 1.