| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO WATERS AND NAVIGATION -- COASTAL RESOURCES MA NAGEMENT |
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| 16 | 16 | | COUNCIL |
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| 17 | 17 | | Introduced By: Representatives Knight, Speakman, and Cortvriend |
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| 18 | 18 | | Date Introduced: February 22, 2023 |
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| 19 | 19 | | Referred To: House Judiciary |
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| 20 | 20 | | (By Request) |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Sections 46-23-20, 46-23-20.1, 46-23-20.2 and 46-23-20.4 of the General 1 |
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| 24 | 24 | | Laws in Chapter 46-23 entitled "Coastal Resources Management Council" are hereby amended to 2 |
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| 25 | 25 | | read as follows: 3 |
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| 26 | 26 | | 46-23-20. Administrative hearings. 4 |
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| 27 | 27 | | All contested cases, all contested enforcement proceedings, and all contested 5 |
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| 28 | 28 | | administrative fines shall be heard by the administrative hearing officers, or by subcommittees as 6 |
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| 29 | 29 | | provided in § 46-23-20.1, pursuant to the regulations promulgated by the council; provided, 7 |
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| 30 | 30 | | however, that no proceeding and hearing prior to the appointment of the hearing officers shall be 8 |
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| 31 | 31 | | subject to the provisions of this section. Notwithstanding the foregoing, the commissioner 9 |
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| 32 | 32 | | executive director of coastal resources management shall be authorized, in his or her discretion, to 10 |
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| 33 | 33 | | resolve contested licensing and enforcement proceedings through informal disposition pursuant to 11 |
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| 34 | 34 | | regulations promulgated by the council. 12 |
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| 35 | 35 | | 46-23-20.1. Hearing officers — Appointment — Compensation — Subcommittee 13 |
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| 36 | 36 | | Hearing officers -- Appointment -- Compensation. 14 |
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| 37 | 37 | | (a) The governor, with the advice and consent of the senate, shall appoint at least one and 15 |
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| 38 | 38 | | up to two (2) hearing officers who shall be attorneys-at-law attorney(s)-at-law, who, prior to their 16 |
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| 39 | 39 | | appointment, shall have practiced law for a period of not less than five (5) years for a term of five 17 |
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| 40 | 40 | | (5) years; provided, however, that the initial appointments shall be as follows: one the first 18 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 44 | 44 | | appointment of a hearing officer shall be appointed for a term of three (3) years and one if a second 1 |
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| 45 | 45 | | hearing officer shall be appointed for a is appointed, the term of shall be for five (5) years. The 2 |
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| 46 | 46 | | appointees shall be addressed as hearing officers. 3 |
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| 47 | 47 | | (b) The governor shall designate one of the hearing officers as chief hearing officer. The 4 |
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| 48 | 48 | | hearing officers shall hear proceedings as provided by this section, and the council, with the 5 |
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| 49 | 49 | | assistance of the chief hearing officer, may promulgate such rules and regulations as shall be 6 |
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| 50 | 50 | | necessary or desirable to effect the purposes of this section. 7 |
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| 51 | 51 | | (c) A hearing officer shall be devoted full time to these administrative duties, and shall not 8 |
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| 52 | 52 | | otherwise practice law while holding office nor be a partner nor an associate of any person in the 9 |
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| 53 | 53 | | practice of law. 10 |
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| 54 | 54 | | (d) Compensation for hearing officers shall be determined by the unclassified pay board. 11 |
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| 55 | 55 | | (e) Whenever the chairperson of the coastal resources management council or, in the 12 |
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| 56 | 56 | | absence of the chairperson, the commissioner of coastal resources makes a finding that the hearing 13 |
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| 57 | 57 | | officers are otherwise engaged and unable to hear a matter in a timely fashion, he or she may 14 |
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| 58 | 58 | | appoint a subcommittee which will act as hearing officers in any contested case coming before the 15 |
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| 59 | 59 | | council. The subcommittee shall consist of at least one member; provided, however, that in all 16 |
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| 60 | 60 | | contested cases an additional member shall be a resident of the coastal community affected. The 17 |
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| 61 | 61 | | city or town council of each coastal community shall, at the beginning of its term of office, appoint 18 |
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| 62 | 62 | | a resident of that city or town to serve as an alternate member of the aforesaid subcommittee should 19 |
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| 63 | 63 | | there be no existing member of the coastal resources management council from that city or town 20 |
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| 64 | 64 | | available to serve on the subcommittee. Any member of the subcommittee actively engaged in 21 |
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| 65 | 65 | | hearing a case shall continue to hear the case, even though his or her term may have expired, until 22 |
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| 66 | 66 | | the case is concluded and a vote taken thereon. Hearings before subcommittees shall be subject to 23 |
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| 67 | 67 | | all rules of practice and procedure as govern hearings before hearing officers. Notwithstanding any 24 |
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| 68 | | - | other law to the contrary, if a hearing officer is not appointed, confirmed and engaged within ninety 25 |
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| 69 | | - | (90) days of the effective date of this section, or the position of hearing officer is vacant for more 26 |
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| 70 | | - | than ninety (90) days, the executive director is empowered and directed to hire a hearing officer. 27 |
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| 71 | | - | The executive director shall hire a hearing officer, who shall be in the unclassified service, for a 28 |
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| 72 | | - | term of five (5) years and shall have practiced law for a period of not less than five (5) years and 29 |
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| 73 | | - | shall meet the requirements set forth in subsections (c) and (d) of this section. 30 |
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| 68 | + | other law to the contrary, if a hearing officer is not appointed, confirmed and engaged within sixty 25 |
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| 69 | + | (60) days of the effective date of this section, or the position of hearing officer is vacant for more 26 |
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| 70 | + | than sixty (60) days, the executive director is empowered and directed to hire a hearing officer. The 27 |
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| 71 | + | executive director shall hire a hearing officer, who shall be in the unclassified service, for a term 28 |
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| 72 | + | of five (5) years and shall have practiced law for a period of not less than five (5) years and shall 29 |
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| 73 | + | meet the requirements set forth in subsections (c) and (d) of this section. 30 |
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| 81 | 81 | | subsection (c) of this section to adjudicate pending contested cases. 1 |
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| 82 | 82 | | 46-23-20.2. Clerk. 2 |
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| 83 | 83 | | The commissioner executive director of coastal resources or his or her designee shall serve 3 |
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| 84 | 84 | | as clerk to the hearing officers. The clerk shall have general charge of the office, keep a full record 4 |
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| 85 | 85 | | of proceedings, file and preserve all documents and papers, prepare such papers and notices as may 5 |
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| 86 | 86 | | be required, and perform such other duties as required. The commissioner executive director and 6 |
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| 87 | 87 | | hearing officers shall have the power to issue subpoenas for witnesses and documents and to 7 |
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| 88 | 88 | | administer oaths in all cases before any hearing officer or pertaining to the duties of his or her 8 |
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| 89 | 89 | | office. 9 |
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| 90 | 90 | | 46-23-20.4. Hearings — Orders. 10 |
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| 91 | 91 | | (a) Subject to the provisions of this chapter, every Every hearing for the adjudication of a 11 |
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| 92 | 92 | | violation or for a contested matter shall be held before a hearing officer or a subcommittee. The 12 |
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| 93 | 93 | | chief hearing officer shall assign a hearing officer to each matter not assigned to a subcommittee. 13 |
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| 94 | 94 | | After due consideration of the evidence and arguments, the hearing officer shall make written 14 |
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| 95 | 95 | | proposed findings of fact and proposed conclusions of law which shall be made public when 15 |
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| 96 | 96 | | submitted to the council for review. The council may, in its discretion, adopt, modify, or reject the 16 |
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| 97 | 97 | | findings of fact and/or conclusions of law; provided, however, that any modification or rejection 17 |
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| 98 | 98 | | of the proposed findings of fact or conclusions of law shall be in writing and shall state the 18 |
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| 99 | 99 | | rationales therefor. 19 |
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| 100 | 100 | | (b) The director of the department of environmental management and the coastal resources 20 |
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| 101 | 101 | | management council shall promulgate such rules and regulations, not inconsistent with law, as to 21 |
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| 102 | 102 | | assure uniformity of proceedings as applicable. 22 |
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| 103 | 103 | | SECTION 2. This act shall take effect upon passage. 23 |
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| 104 | 104 | | ======== |
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