Current through December 3, 2024
Section 270-RICR-50-00-2.9 - Appeals from DeterminationA. Any organization whose registration application is denied or any organization whose certificate of approval is suspended, canceled or revoked may contest such determination by the Superintendent or his/her designee.B. Hearing Procedure 1. Any charitable organization denied registration or whose registration is suspended or canceled may, within fifteen (15) days from the date of written notification of such denial, suspension or cancellation, request in writing a hearing before the Department, which hearing shall be held within thirty (30) days from the date of the request.2. Upon receipt of request for a hearing, a notice of the hearing shall be sent by the Superintendent by registered mail to the licensed organization at the address shown on the license not less than five (5) days prior to the date set forth on said notice for the holding of said hearing unless the Superintendent, in his/her discretion, shall shorten the time fixed herein.3. Any person aggrieved by or interested in the action of the Department may appear and be heard in person or by duly appointed representative and may produce under oath evidence relevant and material to the issue in question. A duly authorized representative of the licensed organization must appear in person on the date set forth in the notice of hearing and on all adjourned dates. The failure of a qualified representative of the licensed organization to appear will result in a forfeiture of the right to further proceedings. A recording of the hearing will be maintained. The recorded oral proceedings will be transcribed per the request of any involved party.C. Duties of Hearing Officers 1. The persons conducting the hearing shall rule on matters of procedure and the introduction of evidence and shall otherwise conduct the hearing in such manner as to preserve fundamental concepts of fairness and to effectuate the purposes and provisions of the Bingo Law and the Rules and Regulations.2. At the conclusion of the hearings conducted by a hearing officer, he/she shall make written findings in support of the decision.3. The licensed organization shall be notified immediately in writing of the decision.4. The rules of evidence governing proceedings in courts of the State of Rhode Island shall not be rigidly enforced in hearings held under this chapter.5. Nothing shall prevent the denial, suspension or revocation of any certificate of approval at any time by the Superintendent prior to a hearing.D. Appeal1. If the licensed organization is aggrieved by the decision rendered, it may appeal pursuant to R.I. Gen. Laws Chapter 42-35.270 R.I. Code R. 270-RICR-50-00-2.9