House OKs Rep. Knight’s bill to ensure appointment of CRMC hearing officers

 

STATE HOUSE – The House of Representatives today approved legislation sponsored by Rep. Jason Knight to enable the Coastal Resources Management Council’s executive director to ensure the regulatory agency has the professional staff it needs to make sound determinations on coastal development proposals.

The legislation (2023-H 5779A), which now goes to the Senate, empowers CRMC’s executive director to hire a hearing officer for the agency, if the position is left vacant for 90 days or more.

By law, the agency is supposed to have two full-time attorneys, but the positions have never been filled. With the positions vacant, the CRMC staff writes a recommendation, and then the appointed council hears the case and can accept, modify or reject the staff’s recommendation, circumventing the process designed to give a full and impartial hearing to applicants.

That process has been the subject of significant criticism, particularly since the members of the council are not required to have any background or experience in coastal issues. Filling the positions was a recommendation of a special House committee that studied the organization of the CRMC last year.

The legislation would provide a more professional, transparent and trustworthy regulatory process for coastal development decisions, said Representative Knight (D-Dist. 67, Barrington, Warren).

“Our laws state that contested permits and enforcement cases are supposed to be heard by a hearing officer — an attorney who is well-versed in the laws and regulations pertaining to coastal development and protection. It is not surprising that many Rhode Islanders don’t have a lot of trust in CRMC when they’ve been circumventing that process for years,” said Representative Knight. “This is a bill to create accountability. It says that if the process isn’t followed as it is spelled out in law, the executive director is empowered and required to see that the positions get filled anyway. Those hearing officers are meant to ensure CRMC’s decisions are based on sound legal reading of our coastal regulations, not politics, and we need them to protect Rhode Island’s 400+ miles of coastline.”

The legislation, which now heads to the Senate, gives the governor 90 days from its enactment to make the appointments, after which it empowers CRMC’s executive director to do so. The same 90-day deadline would apply later if one of the positions becomes vacant. The bill eliminates the section of law enabling the council to handle the hearing officers’ responsibilities.

Having full-time hearing officers would also help CRMC make headway on its backlog of matters awaiting resolution, added Representative Knight.

The legislation is cosponsored by Rep. June S. Speakman (D-Dist. 68, Warren, Bristol) and Rep. Terri Cortvriend (D-Dist. 72, Portsmouth, Middletown).

 

 

The House has began a debate session ahead of tonight's vote on the debt ceiling deal. The bill negotiated between the White House and Republicans would suspend the nation's debt ceiling for two years. Voting is scheduled to begin this hour.       Former President Trump's White House aides are being subpoenaed over the firing of a top election security official. Trump fired his cybersecurity chief Christopher Krebs in November 2020 after the presidential election. It came days after Krebs went against Trump's false election fraud claims in a statement describing the election as one of the most secure in American history.       Actor Danny Masterson is guilty of raping two women. On Wednesday, a Los Angeles jury also said it was deadlocked on the charge related to a third accuser. The jury deliberated for seven days before deciding the actor raped the two victims at his Hollywood Hills home two decades ago.        The GOP field for the 2024 presidential nomination is about to get another candidate. Axios reports that former New Jersey Governor Chris Christie will announce his candidacy at a town hall in New Hampshire next week. A once ally of former President Trump, Christie has turned into one of his critics within the Republican party.       Only 18 percent of Americans are satisfied with the state of the nation. That's about half of the historical 35-percent average. A new Gallup poll shows that the number of Americans saying they're satisfied with the trajectory of the country has been below 20-percent since March.       Bruce Springsteen is said to be ok after falling on stage while performing in Amsterdam over the weekend. The singer took a spill while going up a set of stairs, but was quickly helped up by members of his E Street Band. One concertgoer tweeted that the 73-year-old was able to finish the concert.