445 R.I. Code R. § 445-RICR-00-00-1.15 - Suspension of Proceedings and Suspension or Revocation of Board License

Current through December, 23, 2021

A. Board Proceedings
1. Generally - Failure of the applicant to comply with any duly promulgated board rule, regulation, requirement or procedure for the licensing of energy facilities or failure to pay lawfully assessed expenses shall constitute grounds for suspension of licensing proceedings.
2. Suspension Hearings - Prior to the suspension of licensing proceedings the Board shall issue a written "Show Cause" order setting a date on which the applicant must appear before the Board to show cause why the licensing proceedings should not be suspended. The "Show Cause" shall specifically state the alleged non-compliance. A "Show Cause" hearing shall be scheduled not later than ten (10) days and not sooner than forty-eight (48) hours after the issuance of a "Show Cause" Order.
3. Suspension Order - After a "Show Cause" Hearing, the Board may in writing at any time without additional hearing or prior notice suspend licensing proceedings if the noncompliance addressed at the "Show Cause" Hearing is not rectified.
4. Tolling - Suspension shall toll the Act's time limits for beginning and completing hearings and for rendering decisions.
5. Cancellation of Suspension - The Board may in writing at any time cancel a suspension of Board proceedings if the noncompliance has been rectified or is no longer of consequence to the parties and the Board.
6. Time Limits - After a suspension is canceled, counting of the statutory time limits for beginning and completing hearings and for rendering decisions shall resume at the point in which the suspension occurred or, if the Board finds it necessary to the orderly conduct of the proceedings, at the beginning of any statutory time period.
7. Initiation - The Board may issue a "Show Cause" Order at the request of a party or on the Board's own motion.
8. Noncompliance Order - Nothing in this section shall limit the authority of the Board to issue orders to remedy noncompliance with these rules, a Board License, licenses, the Act or orders of the Board.
B. Board License
1. Generally - Failure of the applicant to comply with any provision, condition or limitation contained in a Board License to site, construct, or alter a major energy facility, failure to comply with a Cease and Desist order issued by the Board, failure to pay lawfully assessed expenses, or failure to comply with a Board order to remedy a noncomplying action shall be grounds for suspension or revocation of a Board License.
2. Cease and Desist Order - The Board may issue in writing a "Cease and Desist" Order to rectify noncompliance with the Act, a Board License, or rule or order of the Board at any time with or without prior hearing upon motion of any party or on the Board's own motion. If a "Cease and Desist order" is issued without prior hearing, the applicant may within five (5) days of receipt of the "Cease and Desist Order" request a hearing at which the applicant and any other party may present testimony and evidence to show that the "Cease and Desist Order" should, or should not, be dissolved.
3. Suspension or Revocation Hearing and Order - Prior to the suspension or revocation of a Board License the Board shall issue a written "Show Cause" order setting a date on which the applicant must appear before the Board to show cause why the Board License should not be suspended or revoked. The content of a "Show Cause" order and the procedure for a "Show Cause" hearing shall follow the requirements set out in § 1.15(A) of this Part.
4. Canceling of Suspension - The Board may in writing at any time cancel suspension of a Board License if the grounds for the suspension have been rectified. A revocation may not be canceled.

Notes

445 R.I. Code R. § 445-RICR-00-00-1.15
Amended effective November 28, 2018

The following state regulations pages link to this page.



State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.