§ 42-35-15 Judicial review of contestedcases. – (a) Any person, including any small business, who has exhausted alladministrative remedies available to him or her within the agency, and who isaggrieved by a final order in a contested case is entitled to judicial reviewunder this chapter. This section does not limit utilization of or the scope ofjudicial review available under other means of review, redress, relief, ortrial de novo provided by law. Any preliminary, procedural, or intermediateagency act or ruling is immediately reviewable in any case in which review ofthe final agency order would not provide an adequate remedy.
(b) Proceedings for review are instituted by filing acomplaint in the superior court of Providence County or in the superior courtin the county in which the cause of action arose, or where expressly providedby the general laws in the sixth division of the district court or family courtof Providence County, within thirty (30) days after mailing notice of the finaldecision of the agency or, if a rehearing is requested, within thirty (30) daysafter the decision thereon; provided, however, that any person who is aggrievedby a final order concerning the assessment or determination of any tax,interest, or penalty made by the tax administrator must pay the amount of thetax, interest, or penalty to the administrator as a prerequisite to the filingof such complaint. Copies of the complaint shall be served upon the agency andall other parties of record in the manner prescribed by applicable proceduralrules within ten (10) days after it is filed in court; provided, however, thatthe time for service may be extended for good cause by order of the court.
(c) The filing of the complaint does not itself stayenforcement of the agency order. The agency may grant, or the reviewing courtmay order, a stay upon the appropriate terms.
(d) Within thirty (30) days after the service of thecomplaint, or within further time allowed by the court, the agency shalltransmit to the reviewing court the original or a certified copy of the entirerecord of the proceeding under review. By stipulation of all parties to thereview proceedings, the record may be shortened. Any party unreasonablyrefusing to stipulate to limit the record may be taxed by the court for theadditional costs. The court may require or permit subsequent corrections oradditions to the record.
(e) If, before the date set for the hearing, application ismade to the court for leave to present additional evidence, and it is shown tothe satisfaction of the court that the additional evidence is material and thatthere were good reasons for failure to present it in the proceeding before theagency, the court may order that the additional evidence be taken before theagency upon conditions determined by the court. The agency may modify itsfindings and decision by reason of the additional evidence and shall file thatevidence and any modifications, new findings, or decisions with the reviewingcourt.
(f) The review shall be conducted by the court without a juryand shall be confined to the record. In cases of alleged irregularities inprocedure before the agency, not shown in the record, proof thereon may betaken in the court. The court, upon request, shall hear oral argument andreceive written briefs.
(g) The court shall not substitute its judgment for that ofthe agency as to the weight of the evidence on questions of fact. The court mayaffirm the decision of the agency or remand the case for further proceedings,or it may reverse or modify the decision if substantial rights of the appellanthave been prejudiced because the administrative findings, inferences,conclusions, or decisions are:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority of the agency;
(3) Made upon unlawful procedure;
(4) Affected by other error or law;
(5) Clearly erroneous in view of the reliable, probative, andsubstantial evidence on the whole record; or
(6) Arbitrary or capricious or characterized by abuse ofdiscretion or clearly unwarranted exercise of discretion.
§ 42-35-15 Judicial review of contestedcases. – (a) Any person, including any small business, who has exhausted alladministrative remedies available to him or her within the agency, and who isaggrieved by a final order in a contested case is entitled to judicial reviewunder this chapter. This section does not limit utilization of or the scope ofjudicial review available under other means of review, redress, relief, ortrial de novo provided by law. Any preliminary, procedural, or intermediateagency act or ruling is immediately reviewable in any case in which review ofthe final agency order would not provide an adequate remedy.
(b) Proceedings for review are instituted by filing acomplaint in the superior court of Providence County or in the superior courtin the county in which the cause of action arose, or where expressly providedby the general laws in the sixth division of the district court or family courtof Providence County, within thirty (30) days after mailing notice of the finaldecision of the agency or, if a rehearing is requested, within thirty (30) daysafter the decision thereon; provided, however, that any person who is aggrievedby a final order concerning the assessment or determination of any tax,interest, or penalty made by the tax administrator must pay the amount of thetax, interest, or penalty to the administrator as a prerequisite to the filingof such complaint. Copies of the complaint shall be served upon the agency andall other parties of record in the manner prescribed by applicable proceduralrules within ten (10) days after it is filed in court; provided, however, thatthe time for service may be extended for good cause by order of the court.
(c) The filing of the complaint does not itself stayenforcement of the agency order. The agency may grant, or the reviewing courtmay order, a stay upon the appropriate terms.
(d) Within thirty (30) days after the service of thecomplaint, or within further time allowed by the court, the agency shalltransmit to the reviewing court the original or a certified copy of the entirerecord of the proceeding under review. By stipulation of all parties to thereview proceedings, the record may be shortened. Any party unreasonablyrefusing to stipulate to limit the record may be taxed by the court for theadditional costs. The court may require or permit subsequent corrections oradditions to the record.
(e) If, before the date set for the hearing, application ismade to the court for leave to present additional evidence, and it is shown tothe satisfaction of the court that the additional evidence is material and thatthere were good reasons for failure to present it in the proceeding before theagency, the court may order that the additional evidence be taken before theagency upon conditions determined by the court. The agency may modify itsfindings and decision by reason of the additional evidence and shall file thatevidence and any modifications, new findings, or decisions with the reviewingcourt.
(f) The review shall be conducted by the court without a juryand shall be confined to the record. In cases of alleged irregularities inprocedure before the agency, not shown in the record, proof thereon may betaken in the court. The court, upon request, shall hear oral argument andreceive written briefs.
(g) The court shall not substitute its judgment for that ofthe agency as to the weight of the evidence on questions of fact. The court mayaffirm the decision of the agency or remand the case for further proceedings,or it may reverse or modify the decision if substantial rights of the appellanthave been prejudiced because the administrative findings, inferences,conclusions, or decisions are:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority of the agency;
(3) Made upon unlawful procedure;
(4) Affected by other error or law;
(5) Clearly erroneous in view of the reliable, probative, andsubstantial evidence on the whole record; or
(6) Arbitrary or capricious or characterized by abuse ofdiscretion or clearly unwarranted exercise of discretion.
§ 42-35-15 Judicial review of contestedcases. – (a) Any person, including any small business, who has exhausted alladministrative remedies available to him or her within the agency, and who isaggrieved by a final order in a contested case is entitled to judicial reviewunder this chapter. This section does not limit utilization of or the scope ofjudicial review available under other means of review, redress, relief, ortrial de novo provided by law. Any preliminary, procedural, or intermediateagency act or ruling is immediately reviewable in any case in which review ofthe final agency order would not provide an adequate remedy.
(b) Proceedings for review are instituted by filing acomplaint in the superior court of Providence County or in the superior courtin the county in which the cause of action arose, or where expressly providedby the general laws in the sixth division of the district court or family courtof Providence County, within thirty (30) days after mailing notice of the finaldecision of the agency or, if a rehearing is requested, within thirty (30) daysafter the decision thereon; provided, however, that any person who is aggrievedby a final order concerning the assessment or determination of any tax,interest, or penalty made by the tax administrator must pay the amount of thetax, interest, or penalty to the administrator as a prerequisite to the filingof such complaint. Copies of the complaint shall be served upon the agency andall other parties of record in the manner prescribed by applicable proceduralrules within ten (10) days after it is filed in court; provided, however, thatthe time for service may be extended for good cause by order of the court.
(c) The filing of the complaint does not itself stayenforcement of the agency order. The agency may grant, or the reviewing courtmay order, a stay upon the appropriate terms.
(d) Within thirty (30) days after the service of thecomplaint, or within further time allowed by the court, the agency shalltransmit to the reviewing court the original or a certified copy of the entirerecord of the proceeding under review. By stipulation of all parties to thereview proceedings, the record may be shortened. Any party unreasonablyrefusing to stipulate to limit the record may be taxed by the court for theadditional costs. The court may require or permit subsequent corrections oradditions to the record.
(e) If, before the date set for the hearing, application ismade to the court for leave to present additional evidence, and it is shown tothe satisfaction of the court that the additional evidence is material and thatthere were good reasons for failure to present it in the proceeding before theagency, the court may order that the additional evidence be taken before theagency upon conditions determined by the court. The agency may modify itsfindings and decision by reason of the additional evidence and shall file thatevidence and any modifications, new findings, or decisions with the reviewingcourt.
(f) The review shall be conducted by the court without a juryand shall be confined to the record. In cases of alleged irregularities inprocedure before the agency, not shown in the record, proof thereon may betaken in the court. The court, upon request, shall hear oral argument andreceive written briefs.
(g) The court shall not substitute its judgment for that ofthe agency as to the weight of the evidence on questions of fact. The court mayaffirm the decision of the agency or remand the case for further proceedings,or it may reverse or modify the decision if substantial rights of the appellanthave been prejudiced because the administrative findings, inferences,conclusions, or decisions are:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority of the agency;
(3) Made upon unlawful procedure;
(4) Affected by other error or law;
(5) Clearly erroneous in view of the reliable, probative, andsubstantial evidence on the whole record; or
(6) Arbitrary or capricious or characterized by abuse ofdiscretion or clearly unwarranted exercise of discretion.
