§ 46-23-20.1 - Hearing officers – Appointment – Compensation – Subcommittee.
SECTION 46-23-20.1
§ 46-23-20.1 Hearing officers –Appointment – Compensation – Subcommittee. – (a) The governor, with the advice and consent of the senate, shall appoint two(2) hearing officers who shall be attorneys-at-law, who, prior to theirappointment, shall have practiced law for a period of not less than five (5)years for a term of five (5) years; provided, however, that the initialappointments shall be as follows: one hearing officer shall be appointed for aterm of three (3) years and one hearing officer shall be appointed for a termof five (5) years. The appointees shall be addressed as hearing officers.
(b) The governor shall designate one of the hearing officersas chief hearing officer. The hearing officers shall hear proceedings asprovided by this section, and the council, with the assistance of the chiefhearing officer, may promulgate such rules and regulations as shall benecessary or desirable to effect the purposes of this section.
(c) A hearing officer shall be devoted full time to theseadministrative duties, and shall not otherwise practice law while holdingoffice nor be a partner nor an associate of any person in the practice of law.
(d) Compensation for hearing officers shall be determined bythe unclassified pay board.
(e) Whenever the chairperson of the coastal resourcesmanagement council or, in the absence of the chairperson, the commissioner ofcoastal resources makes a finding that the hearing officers are otherwiseengaged and unable to hear a matter in a timely fashion, he or she may appointa subcommittee which will act as hearing officers in any contested case comingbefore the council. The subcommittee shall consist of at least one member;provided, however, that in all contested cases an additional member shall be aresident of the coastal community affected. The city or town council of eachcoastal community shall, at the beginning of its term of office, appoint aresident of that city or town to serve as an alternate member of the aforesaidsubcommittee should there be no existing member of the coastal resourcesmanagement council from that city or town available to serve on thesubcommittee. Any member of the subcommittee actively engaged in hearing a caseshall continue to hear the case, even though his or her term may have expired,until the case is concluded and a vote taken thereon. Hearings beforesubcommittees shall be subject to all rules of practice and procedure as governhearings before hearing officers.