480 R.I. Code R. 480-RICR-00-00-2.6

Current through December 3, 2024

Section 480-RICR-00-00-2.6 - Procedure for Hearing an Appeal

A. Any party appearing before the State Housing Appeals Board shall submit an original and nine (9) copies of any motion, memorandum, appendix, or any other written filing to be considered as part of the adjudication of the appeal. In lieu of the filing of hard copies of documents, the State Housing Appeals Board reserves the right to require the parties to make an electronic filing of documents.

B. The appeal shall be heard by the State Housing Appeals Board within twenty (20) days of the receipt of the applicant's statement and completed application.

C. At the hearing, the State Housing Appeals Board shall determine:

1. whether the appeal is properly brought before the State Housing Appeals Board, and

2. if the State Housing Appeals Board determines that the appeal is properly brought before the State Housing Appeals Board, it may:

a. review the record as presented to the State Housing Appeals Board and make a decision thereon;

b. request written briefs on points of law raised by the appeal and establish a briefing schedule for their submission by the parties;

c. request further information from the parties to the appeal, including but not limited to a stenographic transcript of the proceedings before the Local Review Board;

d. request a staff analysis of the appeal and its associated documentation from Rhode Island Housing;

e. allow, in its discretion, the presentation by any party to the appeal of additional evidence in open hearing, which shall be added to the record for the purpose of considering the appeal;

f. allow for the appointment of a hearing officer;

g. allow the submission of pre-filed testimony;

h. permit abutters and other interested parties, without being a party to the appeal and to the extent the State Housing Appeals Board allows, to present information pertinent to the appeal;

i. order that additional evidence be taken before the Local Review Board upon conditions determined by the State Housing Appeals Board, where the State Housing Appeals Board, either on its own motion or motion of a party, has concluded that additional evidence would be material and there was good cause for the failure to present it at the original hearing before the Local Review Board;

j. designate an arbitrator approved by the Superior Court arbitration program to conduct a mediation session between the parties to the appeal and the Local Review Board to determine whether the appeal can be resolved short of a full hearing, and to report on the results of the mediation session to the State Housing Appeals Board.

D. A stenographic record of the proceedings shall be kept.

E. The State Housing Appeals Board shall render a written decision and order, based upon a majority vote of the membership of the Board, stating the findings of fact, its conclusions and the reasons for its decision within thirty (30) days after the termination of the hearing unless such time is extended by mutual agreement between the State Housing Appeals Board and the applicant. Such decision and order may be appealed in the Supreme Court.

480 R.I. Code R. 480-RICR-00-00-2.6