State Codes and Statutes

Statutes > Rhode-island > Title-31 > Chapter-31-36 > 31-36-18

SECTION 31-36-18

   § 31-36-18  Appeals involving licenses orregistrations. – (a) Any distributor, owner, or person aggrieved by any order of theadministrator made under the provisions of this chapter or chapter 37 of thistitle, involving the issuance, suspension, or revocation of a license, permit,or certificate of registration or any other matter (but not includingassessments of taxes, interest, and penalties) may appeal the order to thesixth division of the district court by filing within thirty (30) days from thedate of the notice to the distributor, owner, or person of the issuance of theorder appealed from, a petition in the court stating the grounds upon which theappeal is taken.

   (b) Upon the filing of the petition, the court shall causethirty (30) days' notice of the pendency of it to be given to the administratorby serving the administrator in the manner in which subpoenas in equity areserved, with a certified copy of the petition, and the petition shall followthe course of equity so far as the same is applicable. Upon hearing thepetition the court may review the evidence taken at a hearing, investigator andexaminer's reports, or other information upon which the administrator's actionwas taken, and may in its discretion, affirm or overrule or modify the order ofthe administrator. The taking of the appeal shall not operate as a stay of theorder of the administrator from which the appeal is taken, and the order shallremain in full force and effect during the dependency of the appeal unlessotherwise ordered by the court.

   (c) A party aggrieved by a final order of the court may seekreview of the order in the Supreme Court by writ of certiorari in accordancewith the procedures contained in § 42-35-16.

State Codes and Statutes

Statutes > Rhode-island > Title-31 > Chapter-31-36 > 31-36-18

SECTION 31-36-18

   § 31-36-18  Appeals involving licenses orregistrations. – (a) Any distributor, owner, or person aggrieved by any order of theadministrator made under the provisions of this chapter or chapter 37 of thistitle, involving the issuance, suspension, or revocation of a license, permit,or certificate of registration or any other matter (but not includingassessments of taxes, interest, and penalties) may appeal the order to thesixth division of the district court by filing within thirty (30) days from thedate of the notice to the distributor, owner, or person of the issuance of theorder appealed from, a petition in the court stating the grounds upon which theappeal is taken.

   (b) Upon the filing of the petition, the court shall causethirty (30) days' notice of the pendency of it to be given to the administratorby serving the administrator in the manner in which subpoenas in equity areserved, with a certified copy of the petition, and the petition shall followthe course of equity so far as the same is applicable. Upon hearing thepetition the court may review the evidence taken at a hearing, investigator andexaminer's reports, or other information upon which the administrator's actionwas taken, and may in its discretion, affirm or overrule or modify the order ofthe administrator. The taking of the appeal shall not operate as a stay of theorder of the administrator from which the appeal is taken, and the order shallremain in full force and effect during the dependency of the appeal unlessotherwise ordered by the court.

   (c) A party aggrieved by a final order of the court may seekreview of the order in the Supreme Court by writ of certiorari in accordancewith the procedures contained in § 42-35-16.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-31 > Chapter-31-36 > 31-36-18

SECTION 31-36-18

   § 31-36-18  Appeals involving licenses orregistrations. – (a) Any distributor, owner, or person aggrieved by any order of theadministrator made under the provisions of this chapter or chapter 37 of thistitle, involving the issuance, suspension, or revocation of a license, permit,or certificate of registration or any other matter (but not includingassessments of taxes, interest, and penalties) may appeal the order to thesixth division of the district court by filing within thirty (30) days from thedate of the notice to the distributor, owner, or person of the issuance of theorder appealed from, a petition in the court stating the grounds upon which theappeal is taken.

   (b) Upon the filing of the petition, the court shall causethirty (30) days' notice of the pendency of it to be given to the administratorby serving the administrator in the manner in which subpoenas in equity areserved, with a certified copy of the petition, and the petition shall followthe course of equity so far as the same is applicable. Upon hearing thepetition the court may review the evidence taken at a hearing, investigator andexaminer's reports, or other information upon which the administrator's actionwas taken, and may in its discretion, affirm or overrule or modify the order ofthe administrator. The taking of the appeal shall not operate as a stay of theorder of the administrator from which the appeal is taken, and the order shallremain in full force and effect during the dependency of the appeal unlessotherwise ordered by the court.

   (c) A party aggrieved by a final order of the court may seekreview of the order in the Supreme Court by writ of certiorari in accordancewith the procedures contained in § 42-35-16.