R.I. Gen. Laws
Rhode Island General Laws

R.I. Gen. Laws § 42-35-15 (2026)

Judicial review of contested cases

✓ current as of July 2026
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(a) Any person, including any small business, who has exhausted all administrative remedies available to the person within the agency, and who is aggrieved by a final order in a contested case is entitled to judicial review under this chapter. This section does not limit utilization of or the scope of judicial review available under other means of review, redress, relief, or trial de novo provided by law. Any preliminary, procedural, or intermediate agency act or ruling is immediately reviewable in any case in which review of the final agency order would not provide an adequate remedy.

(b) Proceedings for review are instituted by filing a complaint in the superior court of Providence County or in the superior court in the county in which the cause of action arose, or where expressly provided by the general laws in the sixth division of the district court or family court of Providence County, within thirty (30) days after mailing notice of the final decision of the agency or, if a rehearing is requested, within thirty (30) days after the decision thereon; provided, however, that any person who is aggrieved by a final order concerning the assessment or determination of any tax, interest, or penalty made by the tax administrator must pay the amount of the tax, interest, or penalty to the administrator as a prerequisite to the filing of such complaint. Copies of the complaint shall be served upon the agency and all other parties of record in the manner prescribed by applicable procedural rules within ten (10) days after it is filed in court; provided, however, that the time for service may be extended for good cause by order of the court.

(c) The filing of the complaint does not itself stay enforcement of the agency order. The agency may grant, or the reviewing court may order, a stay upon the appropriate terms.

(d) Within thirty (30) days after the service of the complaint, or within further time allowed by the court, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceedings, the record may be shortened. Any party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record.

(e) If, before the date set for the hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence be taken before the agency upon conditions determined by the court. The agency may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court.

(f) The review shall be conducted by the court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the agency, not shown in the record, proof thereon may be taken in the court. The court, upon request, shall hear oral argument and receive written briefs.

(g) The court shall not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings, or it may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:

(1) In violation of constitutional or statutory provisions;

(2) In excess of the statutory authority of the agency;

(3) Made upon unlawful procedure;

(4) Affected by other error of law;

(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or

(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

Notes of Decisions
Cited in 280 cases (8 in the last 5 years), 1965–2026 · leading case: Champlin's Realty Assocs. v. Tikoian, 989 A.2d 427 (R.I. 2010).
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Champlin's Realty Assocs. v. Tikoian, 989 A.2d 427 (R.I. 2010). · cites it 57× “The Superior Court has jurisdiction to hear appeals from administrative agencies such as the CRMC under the Rhode Island Administrative Procedures Act, G.L.1956 § 42-35-15. On March 23, 2006, Champlin's filed a complaint in the Superior Court, in which it sought judicial review…”
Barrington Sch. Comm. v. Rhode Island State Labor Relations Bd., 608 A.2d 1126 (R.I. 1992). · cites it 16× “1956 (1988 Reenactment) § 42-35-15, seeking to overturn the board’s finding in regard to the business manager’s secretary.”
Johnston Ambulatory Surgical Assocs., Ltd. v. Nolan, 755 A.2d 799 (R.I. 2000). · cites it 13× “The hearing officer upheld DeBuono's denial of the 1994 application, and on September 29, 1995, Johnston Ambulatory appealed this decision to the Superior Court, pursuant to G.L.1956 § 42-35-15. While its appeal of the denial of the 1994 application was still pending, Johnston…”
Lillian Rivera v. Employees' Ret. Sys. of Rhode Island, 70 A.3d 905 (R.I. 2013). · cites it 22× “Rivera and her attorney was entitled “NOTICE OF RIGHT OF JUDICIAL REVIEW”; it contained three bulleted points, one of which read as follows: “Pursuant to Rhode Island General Laws § 42-35-15 you have thirty (30) days/rom the date of the mailing of this decision to file an appeal.”
Mosby v. Devine, 851 A.2d 1031 (R.I. 2004). · cites it 12× “In addition, because the determination of whether to issue a gun permit pursuant to § 11-47-18 is a "contested case" under the APA, judicial review of the department's decision is provided for by § 42-35-15. Judicial review of a contested case under § 42-35-15(a) applies, in…”
J. M. Mills, Inc. v. Murphy, 352 A.2d 661 (R.I. 1976). · cites it 18× “Section 42-35-15 provides for judicial review of contested cases.”
East Greenwich Yacht Club v. Coastal Resources Mgmt. Council, 376 A.2d 682 (R.I. 1977). · cites it 13× “1956 (1969 Reenactment) §42-35-15 seeking judicial review of the council’s action.”
Lemoine v. Dep't of Mental Health, Retardation & Hospitals, 320 A.2d 611 (R.I. 1974). · cites it 17× “1956 (1969 Reenactment) §42-35-15 of the Administrative Procedures Act.”
Interstate Navigation Co. v. Div. of Pub. Utils. & Carriers of the State, 824 A.2d 1282 (R.I. 2003). · cites it 7× “Pursuant to the contested case provision of the Administrative Procedures Act, codified at G.L. 1956 § 42-35-15, Interstate and the town appealed that decision to the Superior Court.”
Env't Sci. Corp. v. Durfee, 621 A.2d 200 (R.I. 1993). · cites it 7× “” The DEM’s final decision is reviewable on appeal by the Superior Court pursuant to § 42-35-15 of the APA. The review is *204 conducted by the court without a jury and is confined to the record compiled during the adjudicatory proceeding.”
Bradford Assocs. v. Rhode Island Div. of Purchases, 772 A.2d 485 (R.I. 2001). · cites it 6× “The jurisdiction of the Superior Court was invoked pursuant to two statutes— § 42-35-15 and G.L.1956 § 9-30-1. We will discuss the propriety of each seriatim.”
Pine v. Clark, 636 A.2d 1319 (R.I. 1994). · cites it 10× “1956 (1993 Reenactment) § 42-35-15. We now reverse the judgment of the Superior Court.”
Show all 280 citing cases →
— R.I. Gen. Laws § 42-35-15(1) — 1 case
Champlin's Realty Assocs. v. Tikoian, 989 A.2d 427 (R.I. 2010). “The Superior Court has jurisdiction to hear appeals from administrative agencies such as the CRMC under the Rhode Island Administrative Procedures Act, G.L.1956 § 42-35-15. On March 23, 2006, Champlin's filed a complaint in the Superior Court, in which it sought judicial review…”
— R.I. Gen. Laws § 42-35-15(a) — 32 cases
Mosby v. Devine, 851 A.2d 1031 (R.I. 2004). “In addition, because the determination of whether to issue a gun permit pursuant to § 11-47-18 is a "contested case" under the APA, judicial review of the department's decision is provided for by § 42-35-15. Judicial review of a contested case under § 42-35-15(a) applies, in…”
Barrington Sch. Comm. v. Rhode Island State Labor Relations Bd., 608 A.2d 1126 (R.I. 1992). “1956 (1988 Reenactment) § 42-35-15, seeking to overturn the board’s finding in regard to the business manager’s secretary.”
Rhode Island Chamber of Com. v. Hackett, 411 A.2d 300 (R.I. 1980).
Bradford Assocs. v. Rhode Island Div. of Purchases, 772 A.2d 485 (R.I. 2001). “The jurisdiction of the Superior Court was invoked pursuant to two statutes— § 42-35-15 and G.L.1956 § 9-30-1. We will discuss the propriety of each seriatim.”
Endoscopy Assocs., Inc. v. Rhode Island Dep't of Health, 183 A.3d 528 (R.I. 2018).
— R.I. Gen. Laws § 42-35-15(b) — 21 cases
Lillian Rivera v. Employees' Ret. Sys. of Rhode Island, 70 A.3d 905 (R.I. 2013). “Rivera and her attorney was entitled “NOTICE OF RIGHT OF JUDICIAL REVIEW”; it contained three bulleted points, one of which read as follows: “Pursuant to Rhode Island General Laws § 42-35-15 you have thirty (30) days/rom the date of the mailing of this decision to file an appeal.”
East Greenwich Yacht Club v. Coastal Resources Mgmt. Council, 376 A.2d 682 (R.I. 1977). “1956 (1969 Reenactment) §42-35-15 seeking judicial review of the council’s action.”
Malachowski v. State, 877 A.2d 649 (R.I. 2005).
Pizzi v. Rhode Island State Labor Relations Bd., 857 A.2d 762 (R.I. 2004).
Herald Press, Inc. v. Norberg, 405 A.2d 1171 (R.I. 1979).
— R.I. Gen. Laws § 42-35-15(c) — 3 cases
Barrington Sch. Comm. v. Rhode Island State Labor Relations Bd., 608 A.2d 1126 (R.I. 1992). “1956 (1988 Reenactment) § 42-35-15, seeking to overturn the board’s finding in regard to the business manager’s secretary.”
DeCesare v. Bd. of Elections, 242 A.2d 421 (R.I. 1968).
State Dep't of Corr. v. Rhode Island State Labor Relations Bd., 658 A.2d 509 (R.I. 1995).
— R.I. Gen. Laws § 42-35-15(d) — 2 cases
A.J.C. Enter., Inc. v. Pastore, 473 A.2d 269 (R.I. 1984).
Mohammad Banki, M.D., D.M.D. v. Michael D. Fine, M.D. (R.I. 2020).
— R.I. Gen. Laws § 42-35-15(e) — 7 cases
Lemoine v. Dep't of Mental Health, Retardation & Hospitals, 320 A.2d 611 (R.I. 1974). “1956 (1969 Reenactment) §42-35-15 of the Administrative Procedures Act.”
A.J.C. Enter., Inc. v. Pastore, 473 A.2d 269 (R.I. 1984).
Davis v. Wood, 444 A.2d 190 (R.I. 1982).
Lemoine v. Dep't of Mental Health, R. & Hosp., 320 A.2d 611 (R.I. 1974).
Santini v. Lyons, 448 A.2d 124 (R.I. 1982).
— R.I. Gen. Laws § 42-35-15(f) — 10 cases
Champlin's Realty Assocs. v. Tikoian, 989 A.2d 427 (R.I. 2010). “The Superior Court has jurisdiction to hear appeals from administrative agencies such as the CRMC under the Rhode Island Administrative Procedures Act, G.L.1956 § 42-35-15. On March 23, 2006, Champlin's filed a complaint in the Superior Court, in which it sought judicial review…”
Nat'l Velour Corp. v. Durfee, 637 A.2d 375 (R.I. 1994).
Millerick v. Fascio, 384 A.2d 601 (R.I. 1978).
Easton's Point Ass'n v. Coastal Resources Mgmt. Council, 559 A.2d 633 (R.I. 1989).
Sterling Shoe Co. v. Norberg, 411 F. Supp. 128 (D.R.I. 1976).
— R.I. Gen. Laws § 42-35-15(g) — 68 cases
Champlin's Realty Assocs. v. Tikoian, 989 A.2d 427 (R.I. 2010). “The Superior Court has jurisdiction to hear appeals from administrative agencies such as the CRMC under the Rhode Island Administrative Procedures Act, G.L.1956 § 42-35-15. On March 23, 2006, Champlin's filed a complaint in the Superior Court, in which it sought judicial review…”
Johnston Ambulatory Surgical Assocs., Ltd. v. Nolan, 755 A.2d 799 (R.I. 2000). “The hearing officer upheld DeBuono's denial of the 1994 application, and on September 29, 1995, Johnston Ambulatory appealed this decision to the Superior Court, pursuant to G.L.1956 § 42-35-15. While its appeal of the denial of the 1994 application was still pending, Johnston…”
Pier House Inn, Inc. v. 421 Corp., Inc., 812 A.2d 799 (R.I. 2002).
J. M. Mills, Inc. v. Murphy, 352 A.2d 661 (R.I. 1976). “Section 42-35-15 provides for judicial review of contested cases.”
Rocha v. State, Pub. Utils. Comm'n, 694 A.2d 722 (R.I. 1997).
— R.I. Gen. Laws § 42-35-15(g)(1) — 4 cases
Berberian v. Dep't of Emp. Sec., Bd. of Review, 414 A.2d 480 (R.I. 1980).
J. M. Mills, Inc. v. Murphy, 352 A.2d 661 (R.I. 1976). “Section 42-35-15 provides for judicial review of contested cases.”
Randall v. Norberg, 403 A.2d 240 (R.I. 1979).
DiBattista v. State, Dep't of Child., Youth & Families, 717 A.2d 640 (R.I. 1998).
— R.I. Gen. Laws § 42-35-15(g)(2) — 1 case
Carmody v. Rhode Island Conflict of Interest Comm'n, 509 A.2d 453 (R.I. 1986).
— R.I. Gen. Laws § 42-35-15(g)(3)(4) — 1 case
State, Dept. of Env. Mgmt. v. Labor Bd., 799 A.2d 274 (R.I. 2002).
— R.I. Gen. Laws § 42-35-15(g)(4) — 2 cases
Millerick v. Fascio, 384 A.2d 601 (R.I. 1978).
Rocky Hill Sch., Inc. v. State Dep't of Emp. & Training, Bd. of Review, 668 A.2d 1241 (R.I. 1995).
— R.I. Gen. Laws § 42-35-15(g)(5) — 6 cases
Env't Sci. Corp. v. Durfee, 621 A.2d 200 (R.I. 1993). “” The DEM’s final decision is reviewable on appeal by the Superior Court pursuant to § 42-35-15 of the APA. The review is *204 conducted by the court without a jury and is confined to the record compiled during the adjudicatory proceeding.”
Guarino v. Dep't of Soc. Welfare, 410 A.2d 425 (R.I. 1980).
Barrington Sch. Comm. v. Rhode Island State Labor Relations Bd., 608 A.2d 1126 (R.I. 1992). “1956 (1988 Reenactment) § 42-35-15, seeking to overturn the board’s finding in regard to the business manager’s secretary.”
Liberty Mut. Ins. Co. v. Janes, 586 A.2d 536 (R.I. 1991).
Technic, Inc. v. Rhode Island Dep't of Emp. & Training, 669 A.2d 1156 (R.I. 1996).
— R.I. Gen. Laws § 42-35-15(g)(6) — 3 cases
Foster-Glocester Reg'l Sch. Comm. v. Bd. of Review, 854 A.2d 1008 (R.I. 2004).
Sakonnet Rogers, Inc. v. Coastal Resources Mgmt. Council, 536 A.2d 893 (R.I. 1988).
Liberty Mut. Ins. Co. v. Janes, 586 A.2d 536 (R.I. 1991).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.