§ 42-92-1 Purpose
§ 42-92-2 Definitions
§ 42-92-3 Award of reasonable litigation expenses
§ 42-92-4 Procedures
§ 42-92-5 Appeal
§ 42-92-6 Payment of award
§ 42-92-7 Precedence
§ 42-92-8 Severability

Terms Used In Rhode Island General Laws > Chapter 42-92 - Equal Access to Justice for Small Businesses and Individuals

  • Adjudicative officer: means the deciding official, without regard to whether the official is designated as an administrative law judge, a hearing officer or examiner, or otherwise, who presided at the adversary adjudication. See Rhode Island General Laws 42-92-2
  • Adjudicatory proceedings: means any proceeding conducted by, or on behalf of, the state, administratively or quasi-judicially, which may result in the loss of benefits; the imposition of a fine; the adjustment of a tax assessment; the denial, suspension, or revocation of a license or permit; or which may result in the compulsion or restriction of the activities of a party. See Rhode Island General Laws 42-92-2
  • Agency: means any state and/or municipal board, commission, council, department, or officer, other than the legislature or the courts, authorized by law to make rules or to determine contested cases; to bring any action at law or in equity, including, but not limited to, injunctive and other relief; or to initiate criminal proceedings. See Rhode Island General Laws 42-92-2
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Party: means any individual whose net worth is less than five hundred thousand dollars ($500,000) at the time the adversary adjudication was initiated; and, any individual, partnership, corporation, association, or private organization doing business and located in the state, which is independently owned and operated, not dominant in its field, and which employs one hundred (100) or fewer persons at the time the adversary adjudication was initiated. See Rhode Island General Laws 42-92-2
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Statute: A law passed by a legislature.
  • Substantial justification: means that the initial position of the agency, as well as the agency's position in the proceedings, has a reasonable basis in law and fact. See Rhode Island General Laws 42-92-2
  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9