(a) In any contested case, all parties shall be afforded an opportunity for a hearing
after reasonable notice.
(b) The notice shall include:
(1) A statement of the time, place, and nature of the hearing;
(2) A statement of the legal authority and jurisdiction under which the hearing is to
be held;
(3) A reference to the particular sections of the statutes and rules involved;
(4) A short and plain statement of the matters inserted. If the agency or other party
is unable to state the matters in detail at the time the notice is served, the initial
notice may be limited to a statement of the issues involved and detailed statement
shall be furnished.
(c) Opportunity shall be afforded all parties to respond and present evidence and argument
on all issues involved.
(d) Unless precluded by law, informal disposition may be made of any contested case by
stipulation, agreed settlement, consent order, or default.
(e) The record in a contested case shall include:
(1) All pleadings, motions, intermediate rulings;
(2) Evidence received or considered;
(3) A statement of matters officially noticed;
(4) Questions and offers of proof and rulings thereon;
(5) Proposed findings and exceptions;
(6) Any decision, opinion, or report by the officer presiding at the hearing;
(7) All staff memoranda or data submitted to the hearing officer or members of the agency
in connection with their consideration of the case.
(f) Oral proceedings or any part thereof conducted under the provisions of this chapter
shall be transcribed on request by any party. Stenotypists occupying positions within
the state service as hearing reporters for any state agency, who report stenographically
the proceedings in administrative hearings and the taking of depositions in their
capacity as reporters for a state agency, shall be paid at the rate established by
§ 8-5-5 from the requesting party; provided, however, the state agency shall not be required
to compensate the stenotypists for the transcript.
(g) Findings of fact shall be based exclusively on the evidence and matters officially
noticed.
Notes of Decisions
Cited in
38
cases (
1 in the last 5 years), 1968–2022 · leading case:
Correia v. Norberg, 391 A.2d 94 (R.I. 1978).
Correia v. Norberg, 391 A.2d 94 (R.I. 1978).
· cites it 8× “1956 (1977 Reenactment) §42-35-9. The petitioner requested a full statement of the issues to be addressed at the hearing and the contentions of the division.”
Arnold v. Lebel, 941 A.2d 813 (R.I. 2007).
· cites it 4× “” In addition, the order made it clear that § 42-35-9(d) requires “all evidence received or considered to be of record.”
Bradford Assocs. v. Rhode Island Div. of Purchases, 772 A.2d 485 (R.I. 2001).
· cites it 2× “The motion justice suggested that the State follow the format in G.L.1956 § 42-35-9, the contested case provision of the Rhode Island Administrative Procedures Act (APA).”
Champlin's Realty Assocs. v. Tikoian, 989 A.2d 427 (R.I. 2010).
· cites it 2× “Thus, under § 42-35-9(e) and § 42-35-10(4), if the decision maker "intends to consult any documentary source or person concerning facts or opinions about the merits of an appeal," he or she must notify the parties so that they may "contest any such evidence" and "cross-examine…”
Providence Gas Co. v. Burke, 380 A.2d 1334 (R.I. 1977).
· cites it 3× “5 In §42-35-9, the Legislature establishes the necessary notice and hearing requirements to be followed in a “contested case.”
Sterling Shoe Co. v. Norberg, 411 F. Supp. 128 (D.R.I. 1976).
· cites it 4× “Where a taxpayer, upon receipt of notice of a tax determination or deficiency, seeks to contest the assessment, he must notify the tax administrator and request a hearing.”
Vito v. Dep't of Env't Mgmt., 589 A.2d 809 (R.I. 1991).
· cites it 4× “04 and § 42-35-9 of the APA provide a denied applicant the right to a freshwater-wetlands public hearing upon request.”
Pine v. Clark, 636 A.2d 1319 (R.I. 1994).
· cites it 2× “…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. Specifically, § 42-35-9 prescribes procedures required with regard to notice, a hearing, and records in contested cases; §§…”
Prop. Advisory Grp., Inc. v. Rylant, 636 A.2d 317 (R.I. 1994).
· cites it 3× “1956 (1993 Reenactment) §§ 42-35-9, 42-35-12, and 42-35-15. RIHMFC had responded to these complaints in Superior Court by filing motions to dismiss, arguing that procedural compliance with the Administrative Procedures Act was not required in these cases.”
Hillside Assocs. v. Stravato, 642 A.2d 664 (R.I. 1994).
· cites it 2× “1956 (1993 Reenactment) § 42-35-9. In addition, all parties can present evidence, and argument on all issues, § 42-35-9(c), as well as conduct cross-examination in order to obtain full and true disclosure of the facts, § 42-35-10(c).”
— R.I. Gen. Laws § 42-35-9(4) — 1 case
— R.I. Gen. Laws § 42-35-9(a) — 2 cases
Vito v. Dep't of Env't Mgmt., 589 A.2d 809 (R.I. 1991).
“04 and § 42-35-9 of the APA provide a denied applicant the right to a freshwater-wetlands public hearing upon request.”
Providence Gas Co. v. Burke, 380 A.2d 1334 (R.I. 1977).
“5 In §42-35-9, the Legislature establishes the necessary notice and hearing requirements to be followed in a “contested case.”
— R.I. Gen. Laws § 42-35-9(b)(3) — 1 case
Correia v. Norberg, 391 A.2d 94 (R.I. 1978).
“1956 (1977 Reenactment) §42-35-9. The petitioner requested a full statement of the issues to be addressed at the hearing and the contentions of the division.”
— R.I. Gen. Laws § 42-35-9(b)(4) — 3 cases
Correia v. Norberg, 391 A.2d 94 (R.I. 1978).
“1956 (1977 Reenactment) §42-35-9. The petitioner requested a full statement of the issues to be addressed at the hearing and the contentions of the division.”
Providence Gas Co. v. Burke, 380 A.2d 1334 (R.I. 1977).
“5 In §42-35-9, the Legislature establishes the necessary notice and hearing requirements to be followed in a “contested case.”
— R.I. Gen. Laws § 42-35-9(c) — 1 case
Hillside Assocs. v. Stravato, 642 A.2d 664 (R.I. 1994).
“1956 (1993 Reenactment) § 42-35-9. In addition, all parties can present evidence, and argument on all issues, § 42-35-9(c), as well as conduct cross-examination in order to obtain full and true disclosure of the facts, § 42-35-10(c).”
— R.I. Gen. Laws § 42-35-9(d) — 3 cases
Arnold v. Lebel, 941 A.2d 813 (R.I. 2007).
“” In addition, the order made it clear that § 42-35-9(d) requires “all evidence received or considered to be of record.”
— R.I. Gen. Laws § 42-35-9(e) — 5 cases
Champlin's Realty Assocs. v. Tikoian, 989 A.2d 427 (R.I. 2010).
“Thus, under § 42-35-9(e) and § 42-35-10(4), if the decision maker "intends to consult any documentary source or person concerning facts or opinions about the merits of an appeal," he or she must notify the parties so that they may "contest any such evidence" and "cross-examine…”
Arnold v. Lebel, 941 A.2d 813 (R.I. 2007).
“” In addition, the order made it clear that § 42-35-9(d) requires “all evidence received or considered to be of record.”
— R.I. Gen. Laws § 42-35-9(e)(5) — 1 case
— R.I. Gen. Laws § 42-35-9(e)(7) — 1 case
Arnold v. Lebel, 941 A.2d 813 (R.I. 2007).
“” In addition, the order made it clear that § 42-35-9(d) requires “all evidence received or considered to be of record.”
— R.I. Gen. Laws § 42-35-9(g) — 2 cases
Arnold v. Lebel, 941 A.2d 813 (R.I. 2007).
“” In addition, the order made it clear that § 42-35-9(d) requires “all evidence received or considered to be of record.”
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.