Rhode Island 2023 Regular Session

Rhode Island House Bill H5306

Introduced
2/1/23  

Caption

Administrative Procedures

Impact

This legislation potentially impacts existing state laws by redefining the burdens of proof in agency hearings. It stipulates that the burden of proof for denying licenses or permits lies with the agency, rather than the applicant, fostering a more balanced power dynamic during administrative proceedings. Furthermore, the bill allows for the introduction of deposition testimony in administrative hearings, broadening the evidentiary scope available to the parties involved. These changes are intended to streamline processes and ensure fairness in administrative actions.

Summary

House Bill 5306, introduced in the Rhode Island General Assembly, seeks to amend the existing administrative procedures governing the issuance of licenses and permits within the state. It proposes that the criteria for granting or denying such licenses must be articulated in clear and unambiguous language, providing applicants with the expectation of a review and determination within thirty days. The bill emphasizes the judicial nature of determining what constitutes clear language, thereby shifting some authority away from legislative interpretation towards the judiciary.

Contention

Notable points of contention surrounding HB 5306 may arise from debates over local government autonomy versus state regulation. Some legislators may view the requirement for clarity in legal language as an encroachment on their ability to set nuanced regulatory standards that fit local contexts. Additionally, concerns might be raised about the practicality and implications of placing the burden of proof on agencies, which could affect their operational capacities and decision-making processes regarding compliance and oversight.

Companion Bills

No companion bills found.

Previously Filed As

RI HB1466

Various agency administrative procedures.

RI HB2451

Administrative hearings; change of judge

RI H0433

Administrative Procedures

RI S0108

Administrative Procedures

RI HB0073

Administrative Procedures Act Amendments

RI S1172

Administrative Procedures

RI HB4102

administrative procedures; revisions

RI HB433

Administrative Procedures:

RI SB046

Property Tax Administrative Procedures

RI HB654

Administrative procedure; hunting and fishing seasons and bag creel limits exemption from Alabama Administrative Procedure Act removed

Similar Bills

KY HB6

AN ACT relating to administrative regulations and declaring an emergency.

KY HB422

AN ACT relating to administrative regulations.

KY SB23

AN ACT relating to administrative regulations and declaring an emergency.

KY SB20

AN ACT relating to administrative regulations and declaring an emergency.

KY HB494

AN ACT relating to administrative regulations.

HI SB3182

Relating To Administrative License Revocation.

KY HB81

AN ACT relating to governmental accountability and declaring an emergency.

HI HB2417

Relating To Administrative License Revocation.