Section 650-RICR-10-00-1.1 - DefinitionsA. "Agency" means and includes boards, commissions, departments or officers thereof other than the legislature or the courts authorized by law to make Rules, determine contested cases or issue permits.B. "Contested case" means a proceeding in which the legal rights, duties or privileges of a specific party are required to be determined by the Council after an opportunity for hearing. A proceeding before the Council shall be considered contested when a substantive formal written objection and/or request for hearing is received by the Council from any interested party. Further, a proceeding shall be considered contested upon request for hearing by any four (4) members of the Council.C. "License" means and includes the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law, but it does not include a license required solely for revenue purposes.D. "Licensing" means and includes the agency process respecting the grant, denial, renewal, renovation, suspension, annulment, withdrawal or amendment of a license. Any person wishing to change the use where an Assent or license was granted must apply to the Council for change of the use. If the use is changed without application to the Council, the Assent or license becomes null and void.E. "Parties" means a person, agency or organization is a party to a proceeding before the Council if: 1. The person is entitled to the status of a party under R.I. Gen. Laws § 42-35-1 or any other provision of law; or2. Upon application for leave to intervene, the person is allowed to do so by the Council on the ground that: a. Such applicant is entitled by law to the status of a party; orb. Such applicant could have been a complainant in such proceedings; orc. Such applicant has a complaint or a defense which has question of law or fact in common with the main proceeding.F. "Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.G. "Rule" means each agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice requirements of any agency. The term includes the amendment or repeal of a prior Rule, but does not include:1. Statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public, or2. Declaratory rulings issued pursuant to R.I. Gen. Laws § 42-35-8, or3. Intra agency memoranda.H. "Council" means the Rhode Island Coastal Resources Management Council or, when the context permits, to individual members, subcommittee, its staff, agents or employees. Council membership shall consist of those individuals appointed by the respective appointing authorities. Public members of the Council should attend a procedures and orientation session provided by Council staff prior to performing their duties as full Council members.I. "Council office" refers to the office of the Council at the Oliver Stedman Government Center, 4808 Tower Hill Road, Wakefield, Rhode Island 02879-1900.J. "Council meeting" means any meeting of the full Council or a subcommittee.K. "New evidence" is that which is of a material and controlling nature and was not by the exercise of ordinary diligence discoverable in time to be presented at the evidentiary hearing.650 R.I. Code R. 650-RICR-10-00-1.1
Amended effective 2/16/2020
Amended effective 3/4/2021
Amended effective 7/5/2021
Amended effective 6/24/2024
Amended effective 11/24/2024