Rhode Island House Bill H5306

Rhode Island 2023 Regular Session

• Introduced: 2/1/23
• Refer: 2/1/23

Caption

Administrative Procedures

Impact

This legislation potentially impacts existing state laws by redefining the burdens of proof in agency hearings. It stipulates that the burden of proof for denying licenses or permits lies with the agency, rather than the applicant, fostering a more balanced power dynamic during administrative proceedings. Furthermore, the bill allows for the introduction of deposition testimony in administrative hearings, broadening the evidentiary scope available to the parties involved. These changes are intended to streamline processes and ensure fairness in administrative actions.

Summary

House Bill 5306, introduced in the Rhode Island General Assembly, seeks to amend the existing administrative procedures governing the issuance of licenses and permits within the state. It proposes that the criteria for granting or denying such licenses must be articulated in clear and unambiguous language, providing applicants with the expectation of a review and determination within thirty days. The bill emphasizes the judicial nature of determining what constitutes clear language, thereby shifting some authority away from legislative interpretation towards the judiciary.

Contention

Notable points of contention surrounding HB 5306 may arise from debates over local government autonomy versus state regulation. Some legislators may view the requirement for clarity in legal language as an encroachment on their ability to set nuanced regulatory standards that fit local contexts. Additionally, concerns might be raised about the practicality and implications of placing the burden of proof on agencies, which could affect their operational capacities and decision-making processes regarding compliance and oversight.