Rhode Island General Laws
Chapter 42-35 - Administrative Procedures
Section 42-35-11. - Examination of evidence by agency.

§ 42-35-11. Examination of evidence by agency.
(a) Whenever in a contested case a majority of the officials of the agency who are to render the final decision have not heard the case or read the record, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be made until a proposal for decision is served upon the parties, and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the officials who are to render the decision.
(b) The proposal for decision shall contain a statement of reasons and include the determination of each issue of fact or law necessary to the proposed decision, prepared by the person who conducted the hearing or one who has read the record. The parties by written stipulation may waive compliance with this section.
History of Section.G.L. 1956, § 42-35-11; P.L. 1962, ch. 112, § 1; P.L. 2007, ch. 340, § 35.

Structure Rhode Island General Laws

Rhode Island General Laws

Title 42 - State Affairs and Government

Chapter 42-35 - Administrative Procedures

Section 42-35-1. - Definitions.

Section 42-35-1.1. - Applicability.

Section 42-35-2. - Required agency publication and recordkeeping.

Section 42-35-2.1. - Rules coordinator.

Section 42-35-2.2. - Publication — Agency duties.

Section 42-35-2.3. - Rulemaking record.

Section 42-35-2.4. - Electronic filing.

Section 42-35-2.5. - Advance notice of proposed rulemaking.

Section 42-35-2.6. - Concise explanatory statement.

Section 42-35-2.7. - Notice of proposed rulemaking.

Section 42-35-2.8. - Public participation.

Section 42-35-2.9. - Regulatory analysis.

Section 42-35-2.10. - Emergency rule.

Section 42-35-2.11. - Direct final rule.

Section 42-35-2.12. - Guidance document.

Section 42-35-3. - Electronic filing of annual reports.

Section 42-35-3.1. - Repealed.

Section 42-35-3.2. - Incorporation by reference.

Section 42-35-3.3. - Repealed.

Section 42-35-3.4. - Repealed.

Section 42-35-3.5. - Simultaneous regulatory, licensing, and permitting processes.

Section 42-35-4. - Filing and taking effect of rules.

Section 42-35-4.1. - Refiling of rules and regulations.

Section 42-35-4.2. - Periodic refiling of rules and regulations.

Section 42-35-5. - Public access to agency law and policy publication, compilation, indexing, and public inspection of rulemaking documents.

Section 42-35-5.1. - Rulemaking agenda.

Section 42-35-6. - Petition for promulgation of rules.

Section 42-35-6.1. - Variance between proposed and final rule.

Section 42-35-6.2. - Compliance.

Section 42-35-7. - Declaratory judgment on validity or applicability of rules.

Section 42-35-8. - Declaratory order.

Section 42-35-9. - Contested cases — Notice — Hearing — Records.

Section 42-35-9.1. - Repealed.

Section 42-35-10. - Rules of evidence — Official notice.

Section 42-35-11. - Examination of evidence by agency.

Section 42-35-12. - Orders.

Section 42-35-13. - Ex parte consultations.

Section 42-35-14. - Licenses.

Section 42-35-15. - Judicial review of contested cases.

Section 42-35-15.1. - Manner of taking appeals from administrative agencies.

Section 42-35-16. - Review by supreme court.

Section 42-35-17. - Severability.

Section 42-35-18. - Effective date of chapter — Scope of application and exemptions.