Rule 80.Review of Administrative Action.
Current through February 2024 · Last verified September 12, 2026
Full Text of Rule 80
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Subdivision (a) folds several old routes into one. When a statute lets the Family Court review what a governmental agency, department, board, commission or officer has done — by appeal, by petition, or under any other name — you begin the case the way you begin a lawsuit: file a complaint, file whatever other document the law requires, and pay the fees the law prescribes. The same holds where judicial review of the action was previously available by extraordinary writ. The complaint has to do two things: state in concise form the grounds on which you claim relief, and demand judgment for the relief you want.
The agency may file nothing at all. Subdivision (a) says no responsive pleading is needed unless a statute requires one or the court orders one, so an agency that files nothing has still done everything this rule asks of it. Subdivision (b) is where the clock lives, and the rule keeps none of its own. It sends you to the law that supplies the right of review. Find that deadline first, because Rule 80 will not supply one.
Subdivision (b) also handles notice, and it is wider than most people expect. A copy of the complaint goes to the agency, department, board, commission or officer whose action you challenge, and to every other party to the proceeding you want reviewed — so anyone who appeared against you at the agency gets a copy too. Service is in the manner provided by Rule 5, the rule for serving and filing pleadings and other papers, so the complaint travels by the ordinary paper-service route rather than as process.
Subdivision (c) makes these rules govern the review proceeding so far as they are applicable, which leaves the judge to sort out which parts of everyday Family Court practice belong in a review. At the end the court affirms, reverses, or modifies the decision under review, and it does each of those as the law provides. All three dispositions point at a decision someone has already made, not at a claim being tried for the first time.
Frequently Asked Questions
How do I ask the Rhode Island Family Court to review a state agency decision?
Under subdivision (a) you file a complaint, along with any other document the law requires, and pay the fees prescribed by law. That single route covers review a statute calls an appeal, a petition, or anything else, and it also covers judicial review that was previously available by extraordinary writ.
What has to be in the complaint for review of an agency decision?
Subdivision (a) asks for a concise statement of the grounds on which you contend you are entitled to relief, plus a demand for judgment for the relief you seek. It is a short, focused pleading, not a recital of everything that happened at the agency.
How long do I have to file for review of an agency action in Family Court?
Rule 80 gives no number. Subdivision (b) says the time within which review may be sought is provided by law, which means the deadline comes from the law that supplies the right of review, and you have to go find it there.
Does the agency have to file an answer to my complaint for review?
No. Subdivision (a) says no responsive pleading need be filed unless required by statute or by order of the court. Unless a statute calls for one or the judge orders one, the agency can file nothing and still be within the rule.
What can the Family Court do after it reviews the agency decision?
Subdivision (c) gives three outcomes: the judgment affirms, reverses, or modifies the decision under review, in each case as provided by law. The same subdivision makes these rules govern the review proceeding so far as they are applicable.