Section 650-RICR-10-00-1.8 - Final Decisions of the CouncilA. Final decisions or orders adverse to a party in a contested case shall be in writing and made part of the record. The final decisions shall include findings of fact and conclusions of law separately stated. Final decisions or orders adverse to a party in a contested case may be signed by the Chairman, Vice Chairman, or the Executive Director.B. Findings of Fact. If set forth, the statutory language shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. These facts shall be based exclusively upon the record and matters officially noticed. The parties and their attorneys of record shall be notified of the decision of the Council. The City or Town Clerk and the local building official of the community of which the Assent is granted shall be sent a copy of the Assent or its denial.1. The Council shall consider the written recommendations of agency staff in making a final decision, in addition to any new evidence or sworn testimony offered at the meeting in which each case is heard.2. The Council shall make written express findings of fact and conclusions of law, separately stated, on each case. If the Council does not follow the recommendation of the agency staff, then it must specifically set forth the reasons therefore.C. Modification of Assents and Final Decisions1. At any time prior to the expiration of an Assent, the full Council by majority vote may, based upon the evidence presented to it, modify an Assent. The City or Town Clerk and the local building official in the community shall be notified of the modification.2. The Council authorizes the Executive Director in his discretion to modify an Assent or final decision of the Council when the requested modification is consistent with the prior approval of the Council and the applicant and staff review have clearly demonstrated to the Executive Director's satisfaction that the project's overall impact to the State's coastal resources will be less than or equal to the existing Assent or decision.D. Permit Revocation 1. The Council may revoke a permit for noncompliance with or violation of its terms after written notice of intention to do so has been given the holder, and the holder, in return, has been given the opportunity to present evidence to the contrary to the Council. Financial hardship on the part of a holder shall not be a defense to the revocation of a permit. The Council may also revoke a permit if it finds that the holder or his agent submitted relevant false information to the Council.650 R.I. Code R. 650-RICR-10-00-1.8
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