Chapter 04-026

2004 -- H 7359

Enacted 06/09/04

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT

Introduced By: Representatives Anguilla, Landroche, Williamson, Dennigan, and Ajello

Date Introduced: January 27, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-35-12 of the General Laws in Chapter 42-35 entitled

"Administrative Procedures" is hereby amended to read as follows:

42-35-12. Orders. -- Any final order adverse to a party in a contested case shall be in

writing or stated in the record. Any final order shall include findings of fact and conclusions of

law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by

a concise and explicit statement of the underlying facts supporting the findings. If a party, in

accordance with agency rules, submitted proposed findings of fact, the order shall include a ruling

upon each proposed finding. Parties shall be notified either personally or by mail of any order.

Included with the final order shall be a separate notice advising the parties of the availability of

judicial review, the appeal period and the procedure for filing an appeal, and providing a

reference to the statutory authority. If the agency fails to provide such notice, the time for taking

an appeal shall be extended for an additional thirty (30) days beyond the time otherwise

authorized by law. Upon request, a copy of the order any final order stated in the record shall be

delivered or mailed forthwith to each party and to his or her attorney of record.

     SECTION 2. This act shall take effect on October 1, 2004.

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LC01140

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