AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- ADMINISTRATIVE PROCEDURES (Amends the administrative procedures act and provides that on the review of an agency decision by a court upon appeal, the court shall decide questions of law without deference to any previous determination or interpretation of the law by the agency.)

H7384

2026 -- H 7384
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- ADMINISTRATIVE
PROCEDURES

Introduced By:
Representatives Place, Nardone, Hopkins, Fascia, Santucci, and
Chippendale

Date Introduced:
January 28, 2026

Referred To:
House State Government & Elections
It is enacted by the General Assembly as follows:
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SECTION 1. Section 42-35-15 of the General Laws in Chapter 42-35 entitled
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"Administrative Procedures" is hereby amended to read as follows:
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42-35-15. Judicial review of contested cases.
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(a) Any person, including any small business, who has exhausted all administrative
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remedies available to the person within the agency, and who is aggrieved by a final order in a
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contested case is entitled to judicial review under this chapter. This section does not limit utilization
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of or the scope of judicial review available under other means of review, redress, relief, or trial de
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novo provided by law. Any preliminary, procedural, or intermediate agency act or ruling is
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immediately reviewable in any case in which review of the final agency order would not provide
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an adequate remedy.
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(b) Proceedings for review are instituted by filing a complaint in the superior court of
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Providence County or in the superior court in the county in which the cause of action arose, or
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where expressly provided by the general laws in the sixth division of the district court or family
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court of Providence County, within thirty (30) days after mailing notice of the final decision of the
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agency or, if a rehearing is requested, within thirty (30) days after the decision thereon; provided,
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however, that any person who is aggrieved by a final order concerning the assessment or
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determination of any tax, interest, or penalty made by the tax administrator must pay the amount
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of the tax, interest, or penalty to the administrator as a prerequisite to the filing of such complaint.

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Copies of the complaint shall be served upon the agency and all other parties of record in the manner
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prescribed by applicable procedural rules within ten (10) days after it is filed in court; provided,
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however, that the time for service may be extended for good cause by order of the court.
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(c) The filing of the complaint does not itself stay enforcement of the agency order. The
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agency may grant, or the reviewing court may order, a stay upon the appropriate terms.
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(d) Within thirty (30) days after the service of the complaint, or within further time allowed
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by the court, the agency shall transmit to the reviewing court the original or a certified copy of the
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entire record of the proceeding under review. By stipulation of all parties to the review proceedings,
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the record may be shortened. Any party unreasonably refusing to stipulate to limit the record may
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be taxed by the court for the additional costs. The court may require or permit subsequent
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corrections or additions to the record.
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(e) If, before the date set for the hearing, application is made to the court for leave to present
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additional evidence, and it is shown to the satisfaction of the court that the additional evidence is
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material and that there were good reasons for failure to present it in the proceeding before the
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agency, the court may order that the additional evidence be taken before the agency upon conditions
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determined by the court. The agency may modify its findings and decision by reason of the
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additional evidence and shall file that evidence and any modifications, new findings, or decisions
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with the reviewing court.
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(f) The review shall be conducted by the court without a jury and shall be confined to the
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record. In cases of alleged irregularities in procedure before the agency, not shown in the record,
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proof thereon may be taken in the court. The court, upon request, shall hear oral argument and
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receive written briefs.
In a proceeding brought by or against the regulated party, the court shall
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decide all questions of law, including the interpretation of a constitutional or statutory provision or
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a rule adopted by an agency, without deference to any previous determination that may have been
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made on the question by the agency.
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(g) The court shall not substitute its judgment for that of the agency as to the weight of the
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evidence on questions of fact. The court may affirm the decision of the agency or remand the case
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for further proceedings, or it may reverse or modify the decision if substantial rights of the appellant
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have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
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(1) In violation of constitutional or statutory provisions;
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(2) In excess of the statutory authority of the agency;
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(3) Made upon unlawful procedure;
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(4) Affected by other error of law;
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(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the

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whole record; or
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(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted
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exercise of discretion.
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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 STATE AFFAIRS AND GOVERNMENT -- ADMINISTRATIVE
PROCEDURES
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This act would amend the administrative procedures act and provide that on the review of
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an agency decision by a court upon appeal, the court shall decide questions of law without deference
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to any previous determination or interpretation of the law by the agency.
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This act would take effect upon passage.
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