2012 -- S 2849

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO ENVIRONMENTAL MANAGEMENT - HEARING OFFICERS

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: March 29, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 42-17.7-3 of the General Laws in Chapter 42-17.7 entitled

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"Administrative Adjudication for Environmental Matters" is hereby amended to read as follows:

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     42-17.7-3. Hearing officers -- Appointment -- Qualifications -- Compensation. -- (a)

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The governor, with the advice and consent of the senate, shall appoint up to four (4) hearing

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officers, who shall be attorneys-at-law who prior to their appointment shall have practiced law for

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a period of not less than five (5) years, for a term of five (5) years each; provided, however, that

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of such initial four (4) hearing officers, one shall be appointed for a term of two (2) years, one

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shall be appointed for a term of three (3) years, one shall be appointed for a term of four (4) years,

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and one shall be appointed for a term of five (5) years, and they shall be addressed as hearing

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officers.

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      (b) The governor, with the advice and consent of the senate, shall designate one of these

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hearing officers as chief hearing officer. The hearing officers shall hear proceedings as provided

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by this chapter, and the director with the assistance of the chief hearing officer may promulgate

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such rules and regulations as shall be necessary or desirable to effect the purposes of this chapter.

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      (c) A hearing officer shall devote full-time to these administrative duties and shall not

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otherwise practice law while holding office nor be a partner nor an associate of any person in the

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practice of law.

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      (d) Compensation for hearing officers shall be determined by the department of

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administration.

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      (e) The chief hearing officer may in his or her discretion appoint outside hearing officers

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who shall have appropriate qualifications to so serve.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ENVIRONMENTAL MANAGEMENT - HEARING OFFICERS

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     This act would require the governor to obtain the advice and consent of the senate

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regarding the appointment of the chief DEM hearing officer.

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     This act would take effect upon passage.

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LC02332

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