Section 230-RICR-30-20-2.16 - Conduct of Contested CasesA. Powers and Proceedings. The Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35, and the Department's Rules of Procedure for Administrative Hearings, Part 10-00-2 of this Title, shall govern all complaint and enforcement proceedings pursuant to R.I. Gen. Laws Chapters 5-20.5 and 5-20.6 and this Part.B. Complaints. Any person may file a complaint against any licensee or any person who is required to be licensed but is not licensed by the Department. Such complaint shall be in writing, signed by the Complainant, and on a form provided by the Department. The Department shall make an initial determination whether the complaint is within the Department's jurisdiction. If no jurisdiction exists, the Department shall notify the complainant in writing. If jurisdiction exists, the Department shall conduct whatever investigation it deems appropriate, including forwarding a copy of the complaint to the Respondent. If instructed to do so by the Department, the Respondent shall file a response to the complaint within fifteen (15) business days or such other time frame specified by the Department.C. Upon completion of its investigation, the Department shall take one (1) of the following actions: 1. If the Department determines that the complaint fails to establish probable cause of a violation of the Rhode Island General Laws pertaining to real estate licensure or this Regulation, the Department shall take no action on the complaint and shall advise the Complainant and Respondent in writing of the determination; or2. If the Department determines that the complaint establishes probable cause, the Department shall take such action as it deems appropriate under applicable law and the Rules and Regulations adopted pursuant thereto.D. Department Investigations. The Department on its own authority may initiate an investigation and take action:2. Against an applicant for a license or for renewal of a license;3. Against any person who is required to be licensed but is not licensed; and4. Against any person who is subject to the regulatory authority of the Department.5. All such actions shall be upon such terms and conditions as are permitted under applicable law and the Rules and Regulations adopted pursuant thereto.230 R.I. Code R. 230-RICR-30-20-2.16
Amended effective 11/27/2019
Amended effective 5/1/2021
Amended effective 2/21/2022