(a) This chapter shall take effect upon January 1, 1964, and thereupon all acts and parts
of acts inconsistent herewith shall stand repealed; provided, however, that except
as to proceedings pending on June 30, 1963, this chapter shall apply to all agencies
and agency proceedings not expressly exempted.
(b) None of the provisions of this chapter shall apply to the following sections and chapters:
(1) Section 16-32-10 (University of Rhode Island);
(2) Chapter 41 of title 16 (New England Higher Education Compact);
(3) Section 16-33-6 (Rhode Island College);
(4) Chapter 16 of title 23 (Health Facilities Construction Act);
(5) Chapter 8 of title 20 (Atlantic States Marine Fisheries Compact);
(6) Chapter 38 of title 28 (Chief Judge Robert F. Arrigan Rehabilitation Center);
(7) Chapter 7 of title 17 (State Board of Elections);
(8) Chapter 16 of title 8 (Judicial Tenure and Discipline);
(9) Chapter 61 of title 42 (State Lottery);
(10) Chapter 24.4 of title 45 (Special Development Districts);
(11) Chapter 12 of title 35 (The University of Rhode Island Research Corporation).
(c) The provisions of §§ 42-35-9, 42-35-10, 42-35-11, 42-35-12, and 42-35-13 shall not apply to:
(1) Any and all acts, decisions, findings, or determinations by the board of review of
the department of labor and training or the director of the department of labor and
training or their duly authorized agents and to any and all procedures or hearings
before and by the director or board of review of the department of labor and training
or their agents under the provisions of chapters 39 — 44 of title 28.
(2) Section 28-5-17 (Conciliation of charges of unlawful practices).
(3) Chapter 8 of title 13 (Parole).
(4) Any and all acts, decisions, findings, or determinations by the administrator of the
division of motor vehicles or the administrator’s duly authorized agent and to any
and all procedures or hearings before and by said administrator or the administrator’s
said agent under the provisions of chapters 10, 11, 31 to 33, inclusive, of title
31.
(5) Procedures of the board of examiners of hoisting engineers under chapter 26 of title 28.
(6) Any and all acts, decisions, findings, or determinations made under authority from
the provisions of chapters 29 — 38 of title 28, concerning workers’ compensation administration,
procedure, and benefits.
Notes of Decisions
Cited in
34
cases, 1965–2008 · leading case:
Pine v. Clark, 636 A.2d 1319 (R.I. 1994).
Pine v. Clark, 636 A.2d 1319 (R.I. 1994).
· cites it 4× “See § 42-35-18. Section 42-35-18(c)(3) exempts chapter 8 of title 13, the chapter governing parole, from the application of §§ 42-35-9 to 42-35-13 of the APA.”
Mosby v. Devine, 851 A.2d 1031 (R.I. 2004).
· cites it 2× “Additionally, the department and the Bureau of Criminal Identification [62] are not explicitly exempted from the APA under § 42-35-18. The department determines "contested cases" when it decides whether to issue gun licenses under § 11-47-18.”
Malachowski v. State, 877 A.2d 649 (R.I. 2005).
· cites it 4× “” We have consistently held that the APA was “intended to provide an exclusive method of judicial review of agency decisions unless the agency is one of those specifically exempted by the provisions of § 42-35-18.” Great American Nursing Centers, Inc.”
Rhode Island Repub. Party v. Daluz, 961 A.2d 287 (R.I. 2008).
· cites it 4× “Section 42-35-7 states in pertinent part: "The validity or applicability of any rule may be determined in an action for declara-toiy judgment in the [S]uperior [Cjourt of Providence County, when it is alleged that the rule, or its threatened application, interferes with or…”
Foster-Glocester Reg'l Sch. Comm. v. Bd. of Review, 854 A.2d 1008 (R.I. 2004).
“General Laws 1956 § 42-35-18(c)(1) exempts the board from § 42-35-10 of the Administrative Procedures Act, which governs the rules of evidence in other administrative proceedings.”
Great Am. Nursing Centers, Inc. v. Norberg, 439 A.2d 249 (R.I. 1981).
· cites it 3× “The Administrative Procedures Act became effective in 1964; it implicitly repealed the inconsistent provisions of § 44-11-35 which was first enacted in 1947.”
Hardman v. Pers. Appeal Bd., 211 A.2d 660 (R.I. 1965).
· cites it 4× “” Section 42-35-15 provides for judicial review by the superior -court of decisions o-f state agencies not exempted from the act under §42-35-18. Section 42-35-16 provides for an appeal to this court from *149 any final judgment of the superior court under this act.”
Turner v. Dep't of Emp. Sec., Bd. of Review, 479 A.2d 740 (R.I. 1984).
· cites it 2× “” Furthermore, § 28-44-54’s mandate is significant because the board is exempt by the provisions of § 42-35-18(b)(l) from the provisions of §§ 42-35-9, -10, -11, -12, and -13 of the Administrative Procedures Act.”
State Ex Rel. Webb v. Cianci, 591 A.2d 1193 (R.I. 1991).
· cites it 2× “1956 (1988 Reenactment) § 42-35-18, which specifically excludes a statutory appeal from decisions of the State Board of Elections, and our decision in Van Daam , wherein we stated that decisions of the State Board of Elections are "final and subject to review only by a petition…”
L'Heureux v. State Dep't of Corr., 708 A.2d 549 (R.I. 1998).
· cites it 2× “We begin by recognizing that the DOC has not been specifically exempted from the application of the APA by § 42-35-18. See § 42-35-1(a) and (b); § 42-35-18.”
— R.I. Gen. Laws § 42-35-18(16) — 1 case
— R.I. Gen. Laws § 42-35-18(a) — 3 cases
Malachowski v. State, 877 A.2d 649 (R.I. 2005).
“” We have consistently held that the APA was “intended to provide an exclusive method of judicial review of agency decisions unless the agency is one of those specifically exempted by the provisions of § 42-35-18.” Great American Nursing Centers, Inc.”
— R.I. Gen. Laws § 42-35-18(a)(17) — 1 case
— R.I. Gen. Laws § 42-35-18(a)(28) — 3 cases
— R.I. Gen. Laws § 42-35-18(a)(29) — 1 case
— R.I. Gen. Laws § 42-35-18(b) — 2 cases
— R.I. Gen. Laws § 42-35-18(b)(18) — 1 case
— R.I. Gen. Laws § 42-35-18(b)(22) — 1 case
Rhode Island Repub. Party v. Daluz, 961 A.2d 287 (R.I. 2008).
“Section 42-35-7 states in pertinent part: "The validity or applicability of any rule may be determined in an action for declara-toiy judgment in the [S]uperior [Cjourt of Providence County, when it is alleged that the rule, or its threatened application, interferes with or…”
— R.I. Gen. Laws § 42-35-18(b)(5) — 1 case
— R.I. Gen. Laws § 42-35-18(b)(6) — 2 cases
— R.I. Gen. Laws § 42-35-18(b)(7) — 1 case
Rhode Island Repub. Party v. Daluz, 961 A.2d 287 (R.I. 2008).
“Section 42-35-7 states in pertinent part: "The validity or applicability of any rule may be determined in an action for declara-toiy judgment in the [S]uperior [Cjourt of Providence County, when it is alleged that the rule, or its threatened application, interferes with or…”
— R.I. Gen. Laws § 42-35-18(b)(l) — 1 case
Turner v. Dep't of Emp. Sec., Bd. of Review, 479 A.2d 740 (R.I. 1984).
“” Furthermore, § 28-44-54’s mandate is significant because the board is exempt by the provisions of § 42-35-18(b)(l) from the provisions of §§ 42-35-9, -10, -11, -12, and -13 of the Administrative Procedures Act.”
— R.I. Gen. Laws § 42-35-18(c)(1) — 1 case
Foster-Glocester Reg'l Sch. Comm. v. Bd. of Review, 854 A.2d 1008 (R.I. 2004).
“General Laws 1956 § 42-35-18(c)(1) exempts the board from § 42-35-10 of the Administrative Procedures Act, which governs the rules of evidence in other administrative proceedings.”
— R.I. Gen. Laws § 42-35-18(c)(3) — 1 case
Pine v. Clark, 636 A.2d 1319 (R.I. 1994).
“See § 42-35-18. Section 42-35-18(c)(3) exempts chapter 8 of title 13, the chapter governing parole, from the application of §§ 42-35-9 to 42-35-13 of the APA.”
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.