§ 42-17.7-1. Establishment. There shall be established a division for administrative adjudication within the department of environmental management. Such division shall exercise its functions under the control of the director of environmental management. History of Section.P.L. 1989, ch. 508, § 1; P.L. 2007, ch. 340, § 23.
§ 42-17.7-2. Adjudication of environmental licenses and violations — Informal resolution. All contested enforcement proceedings, all contested licensing proceedings, and all adjudicatory proceedings under chapter 17.6 of title 42 shall be heard by the division of administrative adjudication pursuant to the regulations promulgated by the director of environmental management; provided, however, that no adjudicatory proceeding […]
§ 42-17.7-3. Hearing officers — Appointment — Qualifications — Compensation. (a) The governor, with the advice and consent of the senate, shall appoint up to four (4) hearing officers, who shall be attorneys-at-law who prior to their appointment shall have practiced law for a period of not less than five (5) years, for a term […]
§ 42-17.7-4. Clerk — Appointment — Powers and duties — Compensation. (a) There shall be an administrative clerk of the division of administrative adjudication. The governor, with the advice and consent of the senate, shall appoint the administrative clerk. (b) The clerk shall have the custody of the seal of the administrative adjudication division, have […]
§ 42-17.7-5. Pre-hearing procedure — Depositions — Exhibits — Formulating issues — Other procedures. (a) Prior to the commencement of any hearing, the hearing officer may in his or her discretion direct the parties or their attorneys to appear before him or her for such conferences as shall be necessary. At such conferences the hearing […]
§ 42-17.7-6. Hearings — Orders — Concurrent jurisdiction. (a) Subject to the provisions of § 42-17.7-2, every hearing for the adjudication of a violation or for a license shall be held before a hearing officer. The chief hearing officer shall assign a hearing officer to each matter. After due consideration of the evidence and arguments, […]
§ 42-17.7-7. Ex parte consultations. Notwithstanding the provisions of § 42-35-13, the director shall have no communication directly or indirectly, with a hearing officer relating to any issue of fact or of law on any matter then pending before said hearing officer. History of Section.P.L. 1989, ch. 508, § 1.
§ 42-17.7-8. Oaths — Subpoenas — Powers of hearing officers. (a) The hearing officers are hereby severally authorized and empowered to administer oaths; and the hearing officers, in all cases of every nature pending before them, are hereby authorized and empowered to summon and examine witnesses and to compel the production and examination of papers, […]
§ 42-17.7-9. Uniform appeal period established. Regardless of any other provision of the general laws to the contrary, all requests for an adjudicatory hearing within the department of environmental management must be in writing and must be filed with the clerk of the administrative adjudication division for environmental matters within twenty (20) calendar days of […]
