Any party in interest, if aggrieved by a final judgment of the superior, family, or
district court rendered in proceedings brought under § 42-35-15, may, within twenty (20) days from the date of entry of the judgment, petition the
supreme court of the state of Rhode Island for a writ of certiorari to review any
questions of law involved. The petition for a writ of certiorari shall set forth the
errors claimed. Upon the filing of such a petition with the clerk of the supreme court,
the supreme court may, if it sees fit, issue its writ of certiorari to the superior,
family, or district court to certify to the supreme court the record of the administrative
proceeding under review, or so much thereof as was submitted to the superior, family,
or district court by the parties, together with any additional record of the proceedings
in the superior, family, or district court.
Notes of Decisions
Cited in
157
cases (
1 in the last 5 years), 1965–2022 · leading case:
Gott v. Norberg, 417 A.2d 1352 (R.I. 1980).
Gott v. Norberg, 417 A.2d 1352 (R.I. 1980).
· cites it 18× “We issued the writ and have the pertinent records before us.”
Johnston Ambulatory Surgical Assocs., Ltd. v. Nolan, 755 A.2d 799 (R.I. 2000).
· cites it 10× “The department and Johnston Ambulatory each filed petitions for certiorari with this Court seeking review of the judgment of the trial justice, pursuant to § 42-35-16. The writ was issued on Johnston Ambulatory's petition on March 24, 1999, and on the department's petition on…”
Champlin's Realty Assocs. v. Tikoian, 989 A.2d 427 (R.I. 2010).
· cites it 14× “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 or law; "(5) Clearly…”
Bendix Corp. v. Norberg, 404 A.2d 505 (R.I. 1979).
· cites it 9× “1956 (1977 Reenactment) §42-35-16, 1 the administrator filed a motion for relief from judgment under Super.”
Sartor v. Coastal Resources Mgmt. Council, 542 A.2d 1077 (R.I. 1988).
· cites it 3× “Further review may be had by way of a petition for certio-rari to this court, pursuant to § 42-35-16. At the outset we observe that administrative institutions are as old as the American government itself.”
Kirby v. Plan. Bd. of Review, 634 A.2d 285 (R.I. 1993).
· cites it 3× “General Laws 1956 (1988 Reenactment) § 42-35-15 and § 42-35-16. Specifically, § 42-35-16 provides for Supreme Court review of Superior Court decisions in administrative agency cases by writ of certiorari.”
Berberian v. Dep't of Emp. Sec., Bd. of Review, 414 A.2d 480 (R.I. 1980).
· cites it 2× “1956 (1977 Reenactment) § 42-35-16, to review a judgment of the District Court affirming the decision of the Department of Employment Security, Board of Review, denying plaintiff’s request for unemployment compensation.”
Rossi v. Employees' Ret. Sys., 895 A.2d 106 (R.I. 2006).
· cites it 2× “Section 42-35-16 (“Review by supreme court”); Johnston Ambulatory Surgical Associates, Ltd.”
— R.I. Gen. Laws § 42-35-16(a) — 1 case
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