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Rhode Island Administrative Procedure Act
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The Rhode Island Administrative Procedure Act is the law governing procedures for state administrative agencies to propose and issue regulations and provides for judicial review of agency adjudications and other final decisions in Rhode Island. It can be found in Title 42, chapter 35 of the General Laws of Rhode Island.[1]
Section 1: Definitions
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Text of Section 1: As used in this chapter: (1) Except as otherwise provided herein, "agency" means a state agency, authority, board, bureau, commission, department, district, division, institution, office, officer, quasi-public agency, or other political subdivisions created by the general assembly or the governor, other than the legislature or the judiciary, that is authorized by law of this state to make rules or to determine contested cases. (2) "Agency action" means: (i) The whole or part of an order or rule; (ii) The failure to issue an order or rule; or (iii) An agency's performing, or failing to perform, a duty, function, or activity or to make a determination required by law. (3) "Agency head" means the individual in whom, or one or more members of the body of individuals in which, the ultimate legal authority of an agency is vested. (4) "Agency record" means the agency rulemaking record required by § 42-35-2.3. (5) "Contested case" means a proceeding, including but not restricted to, ratemaking, price fixing, and licensing, in which the legal rights, duties, or privileges of a specific party are required by law to be determined by an agency after an opportunity for hearing. (6) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (7) "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means. (8) "Final rule" means a rule promulgated under §§ 42-35-2.6 through 42-35-2.9, an emergency rule promulgated under § 42-35-2.10, or a direct, final rule promulgated under § 42-35-2.11. (9) "Guidance document" means a record of general applicability developed by an agency which lacks the force of law but states the agency's current approach to, or interpretation of, law or describes how and when the agency will exercise discretionary functions. The term does not include records described in subdivisions (19)(i), (ii), (iii), or (iv). (10) "Index" means a searchable list in a record of subjects and titles with page numbers, hyperlinks, or other connectors that link each index entry to the text to which it refers. (11) "License" includes the whole or part of any agency permit, certificate, approval, registration, charter, or similar form of permission required by law, but it does not include a license required solely for revenue purposes. (12) "Licensing" includes the agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license. (13) "Order" means the whole or a part of a final disposition, whether affirmative, negative, injunctive, or declaratory in form, of a contested case. (14) "Party" means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party. (15) "Person" means any individual, partnership, corporation, association, the department of environmental management, governmental subdivision, or public or private organization of any character other than an agency. (16) "Promulgate," with respect to a rule, means the process of writing a new rule, or amending or repealing an existing rule. "Promulgation" has a corresponding meaning. The process of "promulgation" begins with the filing of the notice of proposed rulemaking under § 42-35-2.7 and ends upon the effective date of the rule. "Promulgate" also includes the completion of the rulemaking process for emergency rules (§ 42-35-2.10) or direct final rules (§ 42-35-2.11), if applicable. (17) "Reasonable charge" means the lowest, customary charge for a service. (18) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (19) "Rule" means the whole or a part of an agency statement of general applicability that implements, interprets, or prescribes law or policy or the organization, procedure, or practice requirements of an agency and has the force of law. The term includes the amendment or repeal of an existing rule. The term is used interchangeably in this chapter with the term "regulation." The term does not include: (i) A statement that concerns only the internal management of an agency and which does not affect private rights or procedures available to the public; (ii) An intergovernmental or interagency memorandum, directive, or communication that does not affect private rights or procedures available to the public; (iii) An opinion of the attorney general, or an opinion of the ethics commission pursuant to § 36-14-11; (iv) A statement that establishes criteria or guidelines to be used by the staff of an agency in performing audits, investigations, or inspections, settling commercial disputes, negotiating commercial arrangements, or defending, prosecuting, or settling cases, if disclosure of the criteria or guidelines would enable persons violating the law to avoid detection, facilitate disregard of requirements imposed by law, or give an improper advantage to persons that are in an adverse position to the state; (v) A form developed by an agency to implement or interpret agency law or policy; or (vi) A guidance document. (20) "Sign" means, with present intent, to authenticate a record: (i) To execute a tangible symbol; or (ii) To attach to or logically associate with the record an electronic symbol, sound, or process. (21) "Small business" shall have the same meanings that are provided for under 13 C.F.R., Pt. 121, as may be amended from time to time. (22) "Small business advocate" means the person appointed by the chief executive officer of the commerce corporation as provided in § 42-64-34. (23) "State register" means the publication required under chapter 8.2 of title 42. (24) "Website" means a website on the internet or other similar technology or successor technology that permits the public to search a database that archives materials required to be published or exhibited by the secretary of state or an agency under this chapter. (25) "Writing" means a record inscribed on a tangible medium. "Written" has a corresponding meaning. History of Section. (G.L. 1956, § 42-35-1, P.L. 1962, ch. 112, § 1; P.L. 1984, ch. 368, § 1; P.L. 1986, ch. 253, § 1; P.L. 1986, ch. 281, § 2; P.L. 2004, ch. 335, § 1; P.L. 2004, ch. 400, § 1; P.L. 2005, ch. 96, § 2; P.L. 2005, ch. 100, § 2; P.L. 2010, ch. 88, § 2; P.L. 2010, ch. 114, § 2; P.L. 2015, ch. 141, art. 7, § 18; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.)[1] |
Section 1.1: Applicability
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Text of Section 1.1: (a) This chapter applies to an agency unless the agency is exempted by Rhode Island general laws. (b) This chapter applies to all agency proceedings and all proceedings for judicial review or civil enforcement of agency action commenced after the effective date of this chapter [June 29, 2016]. This chapter does not apply to any contested case for which notice was given before that date and rulemaking for which notice was given or a petition was filed before that date, for which all prior laws in effect at the time shall apply. History of Section. (P.L. 1994, ch. 70, art. 2, § 8; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.)[1] |
Section 2: Required agency publication and recordkeeping
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Text of Section 2: (a) An agency shall: (1) Publish and make available for public inspection a description of its organization, stating the general course and method of its operations and the methods by which the public may obtain information or make submissions or requests; (2) Publish and make available for public inspection a description of all procedures, including a description of all forms and instructions used by the agency; (3) Publish and make available for public inspection a description of the process for application for a license, available benefits, or other matters for which an application is appropriate on its agency website, unless the process is prescribed by law other than this chapter; (4) Publish rules for the conduct of public hearings, and make available these rules for public inspection; (5) Maintain and make available for public inspection the agency's current rulemaking agenda required by § 42-35-5.1; and (6) Maintain and publish a separate, current, and dated index and compilation of all final rules filed with the secretary of state, make the index and compilation available for public inspection and, for a reasonable charge, copying at the principal office of the agency; update the index and compilation at least monthly; and file the index and the compilation and all changes to both with the secretary of state. (b) All documents required by this section must be published on the agency's website by December 31, 2018 and maintained on the website thereafter. History of Section. (G.L. 1956, § 42-35-2; P.L. 1962, ch. 112, § 1; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.)[1] |
Section 2.1: Rules coordinator
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Text of Section 2.1: Each agency shall, by January 2, 2002, designate a rules coordinator, who shall have knowledge of the subjects of rules being proposed, maintain the records of any rules action including the rule-making file required by § 42-35-2.3, and respond to public inquiries about proposed rules and the identity of agency personnel working, reviewing, or commenting on them. The office and mailing address of the rules coordinator shall be published in the state register at the time of designation and in the first issue of each calendar year thereafter for the duration of the designation. The rules coordinator may be an employee of another agency. Nothing in this section shall be construed to explicitly or implicitly permit the hiring of any additional personnel to perform the duties and responsibilities of the rules coordinator designated in this section. History of Section. (P.L. 2001, ch. 61, § 2; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.)[1] |
Section 2.2: Agency duties
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Text of Section 2.2: (a) Unless the record is exempt from disclosure under law of this state other than this chapter, an agency shall publish and make available for public inspection, and on request and for a reasonable charge, make available through regular or electronic mail: (1) Each notice of a proposed rulemaking under § 42-35-2.7; (2) Each rule filed under this chapter; (3) Each summary of regulatory analysis required by § 42-35-2.9; (4) Each declaratory order issued under § 42-35-8; (5) The index of declaratory orders prepared under § 42-35-8; (6) Each guidance document issued under § 42-35-2.12; (7) The index of currently effective guidance documents prepared under § 42-35-2.12; (8) Each final order in a contested case issued under § 42-35-12. (b) All documents in this section must be published on the agency website by December 31, 2018, and maintained on the website thereafter. (c) An agency shall file with the secretary of state, in a format acceptable to the secretary of state: (1) Notice of a proposed rulemaking; (2) A summary of the regulatory analysis required by § 42-35-2.9 for each proposed rule; (3) Each final rule; (4) An index of currently effective guidance documents under § 42-35-2.12; and (5) Any other notice or matter that an agency is required to publish under this chapter. History of Section. (P.L. 2001, ch. 61, § 2; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.)[1] |
Section 2.3: Rulemaking record
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Text of Section 2.3: (a) An agency shall maintain the rulemaking record for each proposed rule, which will be the official rulemaking record. Unless the record, and any materials incorporated by reference, are privileged or exempt from disclosure under law of this state other than this chapter, the record and materials must be readily available for public inspection in the principal office of the agency. (1) Beginning on January 1, 2019, and thereafter, the agency shall publish on its agency website the rulemaking record for a rule upon commencement of the public-comment period; the agency may remove the rulemaking record upon the effective date of the rule. (2) Beginning on January 1, 2019, agencies shall submit rulemaking records to the secretary of state, in a format and process determined by the secretary of state. Thereafter, rulemaking records shall be available for public display on the website maintained by the secretary of state, in a manner prescribed by the secretary of state. (3) If an agency or the secretary of state determines that the rulemaking record or any part of the rulemaking record cannot be displayed practicably or is inappropriate for public display on the website, the agency or the secretary of state shall describe the part and note that the record or part is not displayed and state the reason why the record or part is not displayed. (b) A rulemaking record must contain: (1) A copy of all publications in the state register relating to the rule and the proceeding on which the rule is based; (2) A copy of any part of the rulemaking docket containing entries relating to the rule and the proceeding on which the rule is based; (3) A copy and, if prepared, an index, of all factual material, studies, and reports agency personnel submitted as part of formulating the proposed or final rule; (4) Any notice of proposed rulemaking under § 42-35-2.7(b); (5) Any official transcript of oral presentations made in the proceeding on which the rule is based or, if not transcribed, any audio recording or verbatim transcript of the presentations, and any memorandum summarizing the contents of the presentations prepared by the agency official who presided over the hearing; (6) A copy of all comments received by the agency under § 42-35-2.8 in response to the notice of proposed rulemaking; (7) A copy of the rule and explanatory statement filed with the secretary of state; and (8) Any petition for agency action on the rule, except a petition governed by § 42-35-8. (9) Internal agency documents are exempt from inclusion in the rulemaking record to the extent they constitute preliminary drafts, notes, recommendations, and intra-agency memoranda in which opinions are expressed or policies formulated or recommended, except that a specific document is not exempt from inclusion when it is publicly cited by an agency in connection with its decision. Unless otherwise exempt from disclosure by law, inter-agency memoranda pertaining to regulatory enforcement will be published as part of the agency rulemaking record. (10) Upon judicial review, the file required by this section constitutes the official agency rulemaking record with respect to that rule. Unless otherwise required by law, the official agency rulemaking record need not be the exclusive basis for agency action on that rule. History of Section. (P.L. 2001, ch. 61, § 2; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.)[1] |
Section 2.4: Electronic filing
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Text of Section 2.4: In addition to all other requirements imposed by law, all agencies and authorities (as defined in this chapter) shall be required to electronically submit their annual reports to the general assembly for posting on the general assembly website in lieu of a printed copy. However, an agency or authority shall produce a printed copy on demand. History of Section. (P.L. 2005, ch. 222, § 1; P.L. 2005, ch. 233, § 1.)[1] |
Section 2.5: Advance notice of proposed rulemaking
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Text of Section 2.5: (a) An agency may gather information relevant to the subject matter of a potential rulemaking proceeding and may solicit comments and recommendations from the public by publishing an advance notice of proposed rulemaking in the state register and on its agency website, and indicating where, when, and how persons may comment before the rulemaking process begins. (b) An agency may create a committee or workshop to comment or make recommendations on the subject matter of a proposed rulemaking under active consideration within the agency. In making appointments to the committee, the agency shall make reasonable efforts to establish a balance in representation among members of the public known to have an interest in the subject matter of the proposed rulemaking. At least annually, the agency shall publish in the state register a list of all committees with their membership. Notice of a meeting of the committee must be published in the state register and on its agency website at least fifteen (15) calendar days before the meeting. Any meeting, as defined in § 42-46-2, held under this subsection is open to the public and subject to the open meetings chapter pursuant to chapter 46 of title 42. (c) If a committee is appointed under subsection (b), it shall attempt to reach a consensus on the terms or substance of a proposed rule in consultation with one or more agency representatives. The committee shall present the consensus recommendation, if any, to the agency. The agency shall consider whether to use it as the basis for a proposed rule under this chapter, but the agency is not required to use the recommendation. (d) This section does not prohibit an agency from obtaining information and opinions from members of the public on the subject of a proposed rule by any other method or procedure. History of Section. (P.L. 2009, ch. 359, § 1; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.)[1] |
Section 2.6: Concise explanatory statement
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Text of Section 2.6: At the time an agency files the final rule with the secretary of state, the agency shall issue a concise, explanatory statement, in a form prescribed by the secretary of state, which contains: (1) The agency's reasons for creation of the rule, including the agency's reasons for not accepting arguments made in testimony and comments; (2) Subject to § 42-35-6.1, the reasons for any change between the text of the proposed rule contained in the notice of proposed rulemaking and the text of the final rule; and (3) Any regulatory analysis prepared under § 42-35-2.9. History of Section. (P.L. 2016, ch. 203, § 3; P.L. 2016, ch. 206, § 3.)[1] |
Section 2.7: Notice of proposed rulemaking
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Text of Section 2.7: (a) At least thirty (30) days before the filing of a final rule with the secretary of state, an agency shall publish the notice of the proposed rulemaking on the agency's website. The agency shall file notice of the proposed rulemaking with the secretary of state, in accordance with procedures established by the secretary of state, for publication in the state register and for electronic notification to interested parties pursuant to subsection (c). The notice shall be mailed by the agency to all persons who have made timely request of the agency for notice of its rulemaking proceedings, and published in a newspaper or newspapers having aggregate general circulation throughout the state; provided, however, that if the action is limited in its applicability to a particular area, then the publication may be in a newspaper having general circulation in the area. In lieu of newspaper publication, advance notice of proposed rulemaking by all agencies may be posted via electronic media on a website maintained by the office of secretary of state. Copies of proposed rules shall be available at the agency at the time of the notice required by this subsection, and by mail to any member of the public upon request. (b) The notice shall include: (1) A short explanation of the purpose of the proposed rule; (2) A citation or reference to the specific, legal authority authorizing the proposed rule; (3) The text of the proposed rule; (4) How a copy of the full text of any regulatory analysis of the proposed rule may be obtained; (5) Where, when, and how a person may comment on the proposed rule and request a hearing, including the beginning and end dates of the public-comment period; (6) The date of the filing of the notice of the proposed rulemaking with the secretary of state; (7) A citation to each scientific or statistical study, report, or analysis that served as a basis for the proposed rule, together with an indication of how the full text of the study, report, or analysis may be obtained; (8) Any proposed additions, deletions, or other amendments to the rules and regulations. New proposed language must be clearly marked using underline formatting for proposed insertions, and strikethrough formatting for proposed deletions. If an agency proposes a new rule which will supersede an existing rule, the agency shall make available a summary of all non-technical differences between the existing and proposed rules. An agency's lawful promulgation of amendments to an existing rule shall be deemed to supersede and repeal the previous enactments of that rule, provided that the public notice required under subdivision (a)(1) indicated such an intent; and (9) Any regulatory analysis prepared under § 42-35-2.9. (c) The secretary of state shall establish a process to provide timely notification via electronic mail to any person that requests information concerning agency notices of proposed rulemaking. Requests under this section may be submitted to the secretary of state's office through its website. History of Section. (P.L. 2016, ch. 203, § 3; P.L. 2016, ch. 206, § 3.)[1] |
Section 2.8: Public participation
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Text of Section 2.8: (a) An agency proposing a rule shall specify a public-comment period of at least thirty (30) days after publication of notice of the proposed rulemaking, during which a person may submit information and comment on the proposed rule. The information or comment may be submitted in an electronic or written format. The agency shall consider all information and comments on a proposed rule which is submitted pursuant to this subsection within the comment period. (b) An agency may consider any other information it receives concerning a proposed rule during the public-comment period. Any information considered by the agency must be incorporated into the record under § 42-35-2.3. The information need not be submitted in an electronic or written format. Nothing in this section prohibits an agency from discussing with any person at any time the subject of a proposed rule. (c) Unless a hearing is required by law of this state other than this chapter, an agency is not required to hold a hearing on a proposed rule but may do so. Opportunity for a hearing must be granted if a request is received by twenty-five (25) persons, or by a governmental agency, or by an association having not less than twenty-five (25) members, within ten (10) days of a notice posted in accordance with subsection (a). A hearing must be open to the public, recorded, and held at least five (5) days before the end of the public-comment period. (d) A hearing on a proposed rule may not be held earlier than ten (10) days after notice of its location, date, and time is published on the secretary of state's website. (e) An agency representative shall preside over a hearing on a proposed rule. If the representative is not the agency head, the representative shall prepare a memorandum summarizing the contents of the presentations made at the hearing for consideration by the agency head. History of Section. (P.L. 2016, ch. 203, § 3; P.L. 2016, ch. 206, § 3.)[1] |
Section 2.9: Regulatory analysis
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Text of Section 2.9: (a) An agency shall prepare a regulatory analysis for a proposed rule. The analysis must be completed before notice of the proposed rulemaking is published. The summary of the analysis prepared under subsection (c) must be published with the notice of proposed rulemaking. (b) A regulatory analysis must contain: (1) An analysis of the benefits and costs of a reasonable range of regulatory alternatives reflecting the scope of discretion provided by the statute authorizing the proposed rule; (2) Demonstration that there is no alternative approach among the alternatives considered during the rulemaking proceeding which would be as effective and less burdensome to affected private persons as another regulation. This standard requires that an agency proposing to write any new regulation must identify any other state regulation which is overlapped or duplicated by the proposed regulation and justify any overlap or duplication; and (3) A determination whether: (i) The benefits of the proposed rule justify the costs of the proposed rule; and (ii) The proposed rule will achieve the objectives of the authorizing statute in a more cost-effective manner, or with greater net benefits, than other regulatory alternatives. (iii) An agency preparing a regulatory analysis under this section shall prepare a concise summary of the analysis. (iv) If an agency has made a good-faith effort to comply with this section, a rule is not invalid solely if there are errors or paucity of data in the regulatory analysis for the proposed rule. History of Section. (P.L. 2016, ch. 203, § 3; P.L. 2016, ch. 206, § 3.)[1] |
Section 2.10: Emergency rule
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Text of Section 2.10: If an agency finds that an imminent peril to the public health, safety, or welfare or the loss of federal funding for an agency program requires the immediate promulgation of an emergency rule and publishes in a record with the secretary of state and on its agency website reasons for that finding, the agency, without prior notice or hearing or on any abbreviated notice and hearing that it finds practicable, may promulgate an emergency rule without complying with §§ 42-35-2.7 through 42-35-2.9. The agency head and the governor, or the governor's designee, must sign the emergency rule to become effective. The emergency rule may be effective for not longer than one hundred twenty (120) days, renewable once for a period not exceeding sixty (60) days. The promulgation of an emergency rule does not preclude the promulgation of a rule under §§ 42-35-2.6 through 42-35-2.9. The agency shall file with the secretary of state a rule created under this section as soon as practicable given the nature of the emergency and publish the rule on its agency website. The secretary of state shall notify persons that have requested notice of rules related to that subject matter. History of Section. (P.L. 2016, ch. 203, § 3; P.L. 2016, ch. 206, § 3.)[1] |
Section 2.11: Direct final rule
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Text of Section 2.11: If an agency proposes to promulgate a rule which is expected to be noncontroversial, it may use direct, final rulemaking authorized by this section and must comply with §§ 42-35-2.6 and 42-35-2.7. The proposed rule must be published in the state register and on the agency's website with a statement by the agency that it does not expect the proposed rule to be controversial and that the proposed rule takes effect thirty (30) days after publication if no objection is received. If no objection is received, the rule becomes final. If an objection to the rule is received from any person not later than thirty (30) days after publication of the notice of the proposed rule, the proposed rule does not become final. The agency shall publish on its agency website and file notice of the objection with the secretary of state for publication in the state register and may proceed with rulemaking. History of Section. (P.L. 2016, ch. 203, § 3; P.L. 2016, ch. 206, § 3.)[1] |
Section 2.12: Guidance document
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Text of Section 2.12: (a) An agency may issue a guidance document without following the procedures set forth in §§ 42-35-2.6 through 42-35-2.9. (b) An agency that proposes to rely on a guidance document to the detriment of a person in any administrative proceeding shall afford the person an adequate opportunity to contest the legality or wisdom of a position taken in the document. The agency may not use a guidance document to foreclose consideration of issues raised in the document. (c) A guidance document may contain binding instructions to agency staff members if, at an appropriate stage in the administrative process, the agency's procedures provide an affected person an adequate opportunity to contest the legality or wisdom of a position taken in the document. (d) If an agency proposes to act in a contested case at variance with a position expressed in a guidance document, it shall provide a reasonable explanation for the variance. If an affected person in a contested case may have relied reasonably on the agency's position, the explanation must include a reasonable justification for the agency's conclusion that the need for the variance outweighs the affected person's reliance interest. (e) An agency shall maintain an index of all of its effective guidance documents; publish the index on its website; make all guidance documents available to the public; and file the index annually with the secretary of state. The agency may not rely on a guidance document, or cite it as precedent against any party to a proceeding, unless the guidance document is published on its agency website. (f) A guidance document may be considered by a presiding officer or final decision maker in an agency contested case, but it does not bind the presiding officer or the final decision maker in the exercise of discretion. (g) A person may petition an agency under § 42-35-6 to promulgate a rule in place of a guidance document. (h) A person may petition an agency to revise or repeal a guidance document. Not later than sixty (60) days after submission of the petition, the agency shall: (1) Revise or repeal the guidance document; (2) Initiate a proceeding to consider a revision or repeal; or (3) Deny the petition in a record and state its reasons for the denial. History of Section. (P.L. 2016, ch. 203, § 3; P.L. 2016, ch. 206, § 3.)[1] |
Section 3: Electronic filing of annual reports
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Text of Section 3: In addition to all other requirements imposed by law, all agencies shall be required to electronically submit their annual reports to the general assembly for posting on the general assembly website in lieu of a printed copy. However, an agency shall produce a printed copy on demand. History of Section. (G.L. 1956, § 42-35-3; P.L. 1962, ch. 112, § 1; P.L. 1984, ch. 368, § 1; P.L. 1986, ch. 281, § 3; P.L. 1993, ch. 61, § 1; P.L. 1994, ch. 423, § 1; P.L. 1995, ch. 300, § 1; P.L. 2002, ch. 237, § 1; P.L. 2004, ch. 335, § 1; P.L. 2004, ch. 400, § 1; P.L. 2004, ch. 595, art. 37, § 1; P.L. 2006, ch. 401, § 1; P.L. 2006, ch. 510, § 1; P.L. 2007, ch. 268, § 1; P.L. 2007, ch. 293, § 1; P.L. 2008, ch. 9, art. 18, § 1; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.)[1] |
Section 3.1: Repealed
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Text of Section 3.1: This section repealed.[1] |
Section 3.2: Incorporation by reference
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Text of Section 3.2: (a) An agency may incorporate the following by reference in its rules without publishing the incorporated material in full: (1) Federal rules, codes, or standards published in full in the Federal Register or the Code of Federal Regulations; (2) Federal rules, codes, or standards that have been properly incorporated by reference in the Federal Register as part of a duly promulgated final rule or in the Code of Federal Regulations pursuant to federal legal requirements; (3) Published codes, standards or guidelines of any nationally recognized scientific or technical association or organization. (b) For the purposes of subdivision (a)(3) of this section, "nationally recognized scientific or technical association or organization" means an association or organization that is regularly in the business of developing scientific or technical standards or guidelines, is recognized by those in the relevant professional community as having a high degree of expertise and competence in its field, and whose publications are widely distributed and easily available throughout the nation and the state of Rhode Island. (c) An agency may incorporate by reference the material set forth in subsection (a) of this section only if the issuing agency, organization, or association makes copies of the material available to the public. An agency may not incorporate any material by reference unless the material has been properly identified in the notice of proposed rule-making pursuant to § 42-35-3. (d) The reference to any incorporated material shall identify the incorporated material by appropriate agency, organization, or association and by date, title, or citation. The reference shall also state that the rule does not include later amendments to or editions of the incorporated material. (e) If an agency proposes to incorporate any material by reference in a state rule, the agency shall maintain a copy of the material and shall allow public inspection of the material and provide copies of any non-copyrighted material to the public at cost upon request beginning no late than the date of publication of the notice of proposed rule-making. If any material to be incorporated by reference has been copyrighted, the agency shall upon request provide information about the publisher and the citation to the material. History of Section. (P.L. 2001, ch. 61, § 2.)[1] |
Section 3.3: Repealed
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Text of Section 3.3: This section repealed.[1] |
Section 3.4: Repealed
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Text of Section 3.4: This section repealed.[1] |
Section 3.5: Simultaneous regulatory, licensing, and permitting processes
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Text of Section 3.5: (a) Any state agency with regulatory or permitting authority over a business shall not require prior approval of one or more state or municipal agencies before beginning its review and approval process. Such state agencies shall establish a process whereby the agency will conduct a simultaneous review and approval process with the one or more state or municipal agencies. State agencies may require, if applicable, evidence by the business of a preliminary determination by the municipality that the subject proposal is consistent with the applicable municipal zoning ordinances. (b) Nothing in this section shall entitle a business to recoup or recover any costs or fees associated with the simultaneous regulatory or permitting process. If one or more state or municipal agencies fail to approve a permit, license, or regulatory application, thereby influencing the granting of a contingent approval from another municipal or state entity, the business may not recover any associated costs from the agencies involved in the simultaneous review process; provided, that this section shall not affect the ability of a business to recoup or recover costs associated with the licensing, permitting, or application processes allowed under any other chapter. (c) All state agencies shall inform businesses of the possibility that one or more other state agencies may fail to approve a contingent permit, license, or regulatory application, and that the business may not recoup or recover costs associated with one application due to the denial or disapproval of another. History of Section. (P.L. 2010, ch. 247, § 2; P.L. 2010, ch. 258, § 2; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.)[1] |
Section 4: Filing and taking effect of rules
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Text of Section 4: (a) An agency shall file each final rule with the secretary of state. An agency may not file a final rule until the public comment period has ended. In filing a final rule, an agency shall use a standardized form and process for submission determined by the secretary of state. The secretary of state shall affix to each final rule a certification of the time and date of filing. The secretary of state may reject the final rule if an agency fails to use the standardized format or fails to adhere to the codification requirements or any other publication requirements or rules promulgated by the secretary of state's office pursuant to § 42-35-5. The secretary of state shall reject the improper final rule by returning it to the director of the agency which submitted the improper form within fifteen (15) days of receipt. (b) The secretary of state, with notification to the agency, may make minor non-substantive corrections in spelling, grammar, and format in a proposed or final rule. The secretary of state shall make a record of the corrections. (c) The agency shall file the rule not later than one hundred eighty (180) days after close of the public-comment period. If that rule is not filed within one hundred eighty (180) days, the agency must restart the rulemaking process pursuant to this chapter. (d) A final rule filed by an agency with the secretary of state under this section must contain the text of the rule and be accompanied by a record that contains: (1) The date the final rule was signed by the relevant agency head; (2) A reference to the specific statutory or other authority authorizing the rule; (3) Any finding required by law as a prerequisite to the proposed rule or effectiveness of the rule; (4) The effective date of the rule; and (5) A concise explanatory statement as defined by § 42-35-2.6. (e) Each rule hereafter shall be effective twenty (20) days after filing with the secretary of state, except: (1) If a later date is required by statute or specified in the rule, the later date is the effective date; (2) An emergency rule under § 42-35-2.10 becomes effective upon signature by the agency head and the governor, or the governor's designee; (3) A direct final rule under § 42-35-2.11, to which no objection is made, becomes effective thirty (30) days after publication, unless the agency specifies a later effective date; (4) A final rule shall not be effective or enforceable until properly submitted and accepted by the secretary of state. (f) The secretary of state shall maintain a permanent register of all filed rules and concise explanatory statements for the rules. The secretary of state shall provide a copy of each certified final rule to an agency upon request. The secretary of state shall publish the notice of each final rule in the state register. History of Section. (G.L. 1956, § 42-35-4; P.L. 1962, ch. 112, § 1; P.L. 1986, ch. 281, § 4; P.L. 1993, ch. 61, § 1; P.L. 1995, ch. 275, § 1; P.L. 1995, ch. 300, § 1; P.L. 2001, ch. 61, § 1; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.)[1] |
Section 4.1: Refiling of rules and regulations
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Text of Section 4.1: (a) Each agency shall, on or before January 2, 2002, according to a schedule specified by the secretary of state, file with the secretary of state an electronic list of all its lawfully adopted rules which are in force on the date of the filing. (b) Each agency shall give notice thirty (30) days prior to refiling any rule or regulation in order to comply with this section. Each agency shall also give notice, thirty (30) days prior to that agency's due date for refiling, of which rules and regulations it shall not be refiling. The notices shall include a statement of the intended action and a description of the subjects and issues involved. The public notice of the refile shall be provided to all persons who have made timely request of the agency for advance notice of its rule-making proceedings, and published in a newspaper, or newspapers, having aggregate general circulation throughout the state. (c) Agency compliance with this section shall be coordinated in accordance with a schedule established by the secretary of state for agency refiling of rules. History of Section. (P.L. 2001, ch. 61, § 2; P.L. 2002, ch. 237, § 1; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.)[1] |
Section 4.2: Periodic refiling of rules and regulations
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Text of Section 4.2: All rules on file with the secretary of state pursuant to § 42-35-4.1 shall be refiled on the first Tuesday in January 2007 and on the first Tuesday in January of every successive fifth year. History of Section. (P.L. 2001, ch. 61, § 2.)[1] |
Section 5: Public access to agency law and policy publication, compilation, indexing, and public inspection of rulemaking documents
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Text of Section 5: (a) The secretary of state may promulgate rules or guidance documents governing the filing, codification, and publication of the rules and other rulemaking documents of state agencies submitted to the secretary of state under this chapter. The secretary of state shall be the codifier of the rules of state agencies. The secretary of state may assign numbers to any rule in order to develop and maintain a comprehensive system of codification. The number shall be the official administrative code number of the rule. Any number so assigned shall be published in any publication of the Rhode Island administrative code. Rules of the Rhode Island administrative code shall be cited and referred to by their official numbers. The office of the secretary of state shall publish on its website, in a searchable format, the full text of all rules promulgated by agencies pursuant to this chapter. (b) The secretary of state shall oversee the publication of an updated code of state regulations. The code of state regulations shall be compiled and published in a format and medium prescribed by the secretary of state. Upon completion of the updated code, it shall be made available on the secretary of state's website. The rules of an agency shall be published and indexed in the code of state regulations. Agencies must resubmit all existing rules with the secretary of state for publication into the code of state regulations by December 31, 2018. All rules shall be written in plain language. To promote the efficient development of a code of state regulations, the office of regulatory reform is authorized to coordinate and direct agencies in the effort to develop a regulatory code. The office of regulatory reform shall establish a phased approach which requires agencies to submit portions of regulatory content prior to December 31, 2018. Any rule that is not resubmitted by December 31, 2018, and is not published in the code of state regulations, shall not be enforceable until the rule appears in the code of state regulations. The secretary of state shall make the code of state regulations available for public inspection and, for a reasonable charge, copying. (c) The secretary of state may display on its website the state register. The secretary of state shall provide the following to the publisher of the state register: (1) Notices of proposed rulemaking prepared so that the text of the proposed rule shows the text of any existing rule proposed to be changed and the change proposed; (2) Newly filed final rules prepared so that the text of a newly filed amended rule shows the text of the existing rule and the change that is made. (d)(1) The secretary of state may approve as acceptable a commercial publication of the code which conforms to all of the provisions of this section. If the secretary of state does not approve of a commercial publication of the code, the secretary of state shall prepare and publish the code, or contract with any person under this section to prepare and publish the code. Any code published by the secretary of state, or by any person under a contract let under this section, shall include all of the requirements of this section. In addition, the secretary of state shall furnish any volume or issue of the code or supplement to any person who requests the material upon payment of a charge established by the secretary of state, not to exceed the cost of publication and handling. (2) Upon the request of the secretary of state, the director of administration shall advertise and accept competitive bids and let a contract for the compilation and printing of the code of state regulations and supplements between the secretary of state and the person able to perform the contract at the lowest cost. History of Section. (G.L. 1956, § 42-35-5; P.L. 1962, ch. 112, § 1; P.L. 1986, ch. 281, § 5; P.L. 1989, ch. 238, § 1; P.L. 2001, ch. 61, § 1; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.)[1] |
Section 5.1: Rulemaking agenda
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Text of Section 5.1: (a) An agency shall maintain a current rulemaking agenda for all pending rulemaking proceedings that are indexed. The agency shall publish on its agency website the current and updated rulemaking agenda. The agency shall provide the secretary of state a copy of each current and updated rulemaking agenda for publication on the secretary of state's website. (b) The agency shall maintain a rulemaking agenda under subsection (a) that must for each pending rulemaking proceeding state or contain: (1) The subject matter of the proposed rule; (2) Notices related to the proposed rule; (3) How comments on the proposed rule may be submitted; (4) The time within which comments may be submitted; (5) Where comments may be inspected; (6) Requests for a public hearing; (7) Appropriate information concerning a public hearing, if any; and (8) The timetable for action on the proposed rule. (c) On request, the agency shall provide, for a reasonable charge, a written, rulemaking docket maintained under subsection (b). History of Section. (P.L. 1986, ch. 281, § 6; P.L. 2001, ch. 180, § 102; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.)[1] |
Section 6: Petition for promulgation of rules
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Text of Section 6: Any person may petition an agency to promulgate a rule. An agency shall prescribe, by rule, the form of the petition and the procedure for its submission, consideration, and disposition. Not later than thirty (30) days after submission of a petition, the agency shall: (1) Deny the petition in a record and state its reasons for the denial; or (2) Initiate rulemaking. History of Section. (G.L. 1956, § 42-35-6; P.L. 1962, ch. 112, § 1; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.)[1] |
Section 6.1: Variance between proposed and final rule
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Text of Section 6.1: An agency may not file a rule that differs from the rule proposed in the notice of proposed rulemaking unless the final rule is consistent with, and a logical outgrowth of, the rule proposed in the notice. History of Section. (P.L. 2016, ch. 203, § 3; P.L. 2016, ch. 206, § 3.)[1] |
Section 6.2: Compliance
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Text of Section 6.2: An action taken under this chapter is not valid unless taken in substantial compliance with this chapter. History of Section. (P.L. 2016, ch. 203, § 3; P.L. 2016, ch. 206, § 3.)[1] |
Section 7: Declaratory judgment on validity or applicability of rules
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Text of Section 7: The validity or applicability of any rule may be determined in an action for declaratory judgment in the superior court of Providence County, when it is alleged that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff. The agency shall be made a party to the action. A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question. History of Section. (G.L. 1956, § 42-35-7; P.L. 1962, ch. 112, § 1.)[1] |
Section 8: Declaratory order
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Text of Section 1: (a) A person may petition an agency for a declaratory order that interprets or applies a statute administered by the agency or states whether, or in what manner, a rule, guidance document, or order issued by the agency applies to the petitioner. (b) An agency shall promulgate rules prescribing the form of a petition under subsection (a) and the procedure for its submission, consideration, and prompt disposition. The provisions of this chapter concerning formal, informal, or other applicable hearing procedure do not apply to an agency proceeding for a declaratory order, except to the extent provided in this section or to the extent the agency provides by rule or order. (c) Not later than sixty (60) days after receipt of a petition under subsection (a), an agency shall issue a declaratory order in response to the petition, decline to issue the order, or schedule the matter for further consideration. (d) If an agency declines to issue a declaratory order requested under subsection (a), it shall notify, promptly, the petitioner of its decision. The decision must be in a record and must include a brief statement of the reasons for declining. An agency decision to decline to issue a declaratory order is subject to judicial review for abuse of discretion. An agency failure to act within the applicable time under subsection (c) is subject to judicial action under § 42-35-15. (e) If an agency issues a declaratory order, the order must contain the names of all parties to the proceeding, the facts on which it is based, and the reasons for the agency's conclusion. If an agency is authorized not to disclose certain information in its records to protect confidentiality, the agency may redact confidential information in the order. The order has the same status and binding effect as an order issued in a contested case and is subject to judicial review under § 42-35-15. (f) An agency shall publish each currently effective declaratory order on its agency website. (g) An agency shall maintain a current and publicly accessible index of all of its currently effective declaratory orders on its website; file the index with the secretary of state; make the index readily available for public inspection; and make available for public inspection and, for a reasonable charge, copying the full text of all declaratory orders to the extent inspection is permitted by law of this state other than this chapter. Declaratory orders are effective only if filed with the secretary of state. History of Section. (G.L. 1956, § 42-35-8; P.L. 1962, ch. 112, § 1; P.L. 1986, ch. 281, § 7; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.)[1] |
Section 9: Contested cases – Notice – Hearing – Records
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Text of Section 9: (a) In any contested case, all parties shall be afforded an opportunity for a hearing after reasonable notice. (b) The notice shall include: (1) A statement of the time, place, and nature of the hearing; (2) A statement of the legal authority and jurisdiction under which the hearing is to be held; (3) A reference to the particular sections of the statutes and rules involved; (4) A short and plain statement of the matters inserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved and detailed statement shall be furnished. (c) Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved. (d) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default. (e) The record in a contested case shall include: (1) All pleadings, motions, intermediate rulings; (2) Evidence received or considered; (3) A statement of matters officially noticed; (4) Questions and offers of proof and rulings thereon; (5) Proposed findings and exceptions; (6) Any decision, opinion, or report by the officer presiding at the hearing; (7) All staff memoranda or data submitted to the hearing officer or members of the agency in connection with their consideration of the case. (f) Oral proceedings or any part thereof conducted under the provisions of this chapter shall be transcribed on request by any party. Stenotypists occupying positions within the state service as hearing reporters for any state agency, who report stenographically the proceedings in administrative hearings and the taking of depositions in their capacity as reporters for a state agency, shall be paid at the rate established by § 8-5-5 from the requesting party; provided, however, the state agency shall not be required to compensate the stenotypists for the transcript. (g) Findings of fact shall be based exclusively on the evidence and matters officially noticed. History of Section. (G.L. 1956, § 42-35-9; P.L. 1962, ch. 112, § 1; P.L. 1979, ch. 370, § 1; P.L. 1981, ch. 424, § 1.)[1] |
Section 9.1: Repealed
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Text of Section 9.1: This section repealed.[1] |
Section 10: Rules of evidence – Official notice
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Text of Section 10: In contested cases: (1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in civil cases in the superior courts of this state shall be followed; but, when necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible under those rules may be submitted (except where precluded by statute) if it is of a type commonly relied upon by reasonably prudent men and women in the conduct of their affairs. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form; (2) Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original; (3) A party may conduct cross examinations required for a full and true disclosure of the facts; (4) Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge; but parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The agency's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence. History of Section. (G.L. 1956, § 42-35-10; P.L. 1962, ch. 112, § 1.)[1] |
Section 11: Examination of evidence by agency
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Text of Section 11: (a) Whenever in a contested case a majority of the officials of the agency who are to render the final decision have not heard the case or read the record, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be made until a proposal for decision is served upon the parties, and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the officials who are to render the decision. (b) The proposal for decision shall contain a statement of reasons and include the determination of each issue of fact or law necessary to the proposed decision, prepared by the person who conducted the hearing or one who has read the record. The parties by written stipulation may waive compliance with this section. History of Section. (G.L. 1956, § 42-35-11; P.L. 1962, ch. 112, § 1; P.L. 2007, ch. 340, § 35.)[1] |
Section 12: Orders
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Text of Section 12: Any final order adverse to a party in a contested case shall be in writing or stated in the record. Any final order shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If a party, in accordance with agency rules, submitted proposed findings of fact, the order shall include a ruling upon each proposed finding. Parties shall be notified either personally or by mail of any order. Included with the final order shall be a separate notice advising the parties of the availability of judicial review, the appeal period and the procedure for filing an appeal, and providing a reference to the statutory authority. If the agency fails to provide such notice, the time for taking an appeal shall be extended for an additional thirty (30) days beyond the time otherwise authorized by law. Upon request, a copy of any final order stated in the record shall be delivered or mailed forthwith to each party and to his or her attorney of record. History of Section. (G.L. 1956, § 42-35-12; P.L. 1962, ch. 112, § 1; P.L. 1986, ch. 281, § 8; P.L. 2004, ch. 26, § 1; P.L. 2004, ch. 177, § 1.)[1] |
Section 13: Ex parte consultations
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Text of Section 13: Unless required for the disposition of ex parte matters authorized by law, members or employees of an agency assigned to render an order or to make findings of fact and conclusions of law in a contested case shall not, directly or indirectly, in connection with any issue of fact, communicate with any person or party, nor, in connection with any issue of law, with any party or his or her representative, except upon notice and opportunity for all parties to participate; but any agency member: (1) May communicate with other members of the agency, and (2) May have the aid and advice of one or more personal assistants. History of Section. (G.L. 1956, § 42-35-13; P.L. 1962, ch. 112, § 1; P.L. 1986, ch. 281, § 9.)[1] |
Section 14: Licenses
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Text of Section 14: (a) Whenever the grant, denial, or renewal of a license is required to be preceded by notice and opportunity for a hearing, the provisions of this chapter concerning contested cases apply. (b) Whenever a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license does not expire until the application has been finally determined by the agency, and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court. (c) No revocation, suspension, annulment, or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency sent notice by mail to the licensee of facts or conduct which warrant the intended action, and the licensee was given an opportunity to show compliance with all lawful requirements for the retention of the license. If the agency finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined. History of Section. (G.L. 1956, § 42-35-14; P.L. 1962, ch. 112, § 1.)[1] |
Section 15: Judicial review of contested cases
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Text of Section 15: (a) Any person, including any small business, who has exhausted all administrative remedies available to him or her within the agency, and who is aggrieved by a final order in a contested case is entitled to judicial review under this chapter. This section does not limit utilization of or the scope of judicial review available under other means of review, redress, relief, or trial de novo provided by law. Any preliminary, procedural, or intermediate agency act or ruling is immediately reviewable in any case in which review of the final agency order would not provide an adequate remedy. (b) Proceedings for review are instituted by filing a complaint in the superior court of Providence County or in the superior court in the county in which the cause of action arose, or where expressly provided by the general laws in the sixth division of the district court or family court of Providence County, within thirty (30) days after mailing notice of the final decision of the agency or, if a rehearing is requested, within thirty (30) days after the decision thereon; provided, however, that any person who is aggrieved by a final order concerning the assessment or determination of any tax, interest, or penalty made by the tax administrator must pay the amount of the tax, interest, or penalty to the administrator as a prerequisite to the filing of such complaint. Copies of the complaint shall be served upon the agency and all other parties of record in the manner prescribed by applicable procedural rules within ten (10) days after it is filed in court; provided, however, that the time for service may be extended for good cause by order of the court. (c) The filing of the complaint does not itself stay enforcement of the agency order. The agency may grant, or the reviewing court may order, a stay upon the appropriate terms. (d) Within thirty (30) days after the service of the complaint, or within further time allowed by the court, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceedings, the record may be shortened. Any party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record. (e) If, before the date set for the hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence be taken before the agency upon conditions determined by the court. The agency may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court. (f) The review shall be conducted by the court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the agency, not shown in the record, proof thereon may be taken in the court. The court, upon request, shall hear oral argument and receive written briefs. (g) The court shall not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings, or it may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedure; (4) Affected by other error or law; (5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. History of Section. (P.L. 1962, ch. 112, § 1; P.L. 1965, ch. 55, § 62; P.L. 1965, ch. 55, § 62; P.L. 1965, ch. 107, § 1; P.L. 1966, ch. 112, § 1; P.L. 1976, ch. 140, § 20; P.L. 1979, ch. 340, § 1; P.L. 1981, ch. 40, § 1; P.L. 1984, ch. 167, § 4; P.L. 1984, ch. 183, § 2; P.L. 1986, ch. 281, § 10; P.L. 2004, ch. 335, § 1; P.L. 2004, ch. 400, § 1.)[1] |
Section 15.1: Manner of taking appeals from administrative agencies
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Text of Section 15.1: (a) Appeals from decisions by administrative agencies of the state or officers thereof shall be taken to the superior court or to the district court as provided by the general laws in respect to each agency; provided, however, the time limits for the taking of steps necessary to perfect the appeal to the superior court or the district court shall be governed by the provisions of § 42-35-15, any provisions in the general laws to the contrary notwithstanding. (b) Review by the supreme court of final judgments of the superior court or the district court in respect to those appeals shall be governed by the provisions of § 42-35-16. History of Section. (P.L. 1984, ch. 349, § 1.)[1] |
Section 16: Review by supreme court
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Text of Section 16: Any party in interest, if aggrieved by a final judgment of the superior, family, or district court rendered in proceedings brought under § 42-35-15, may, within twenty (20) days from the date of entry of the judgment, petition the supreme court of the state of Rhode Island for a writ of certiorari to review any questions of law involved. The petition for a writ of certiorari shall set forth the errors claimed. Upon the filing of such a petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of certiorari to the superior, family, or district court to certify to the supreme court the record of the administrative proceeding under review, or so much thereof as was submitted to the superior, family, or district court by the parties, together with any additional record of the proceedings in the superior, family, or district court. History of Section. (G.L. 1956, § 42-35-16; P.L. 1962, ch. 112, § 1; P.L. 1966, ch. 213, § 1; P.L. 1972, ch. 169, § 30; P.L. 1976, ch. 140, § 20; P.L. 1984, ch. 167, § 4.)[1] |
Section 17: Severability
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Text of Section 17: If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. History of Section. (G.L. 1956, § 42-35-17; P.L. 1962, ch. 112, § 1.)[1] |
Section 18: Effective date of chapter – Scope of application and exemptions
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Text of Section 18: (a) This chapter shall take effect upon January 1, 1964, and thereupon all acts and parts of acts inconsistent herewith shall stand repealed; provided, however, that except as to proceedings pending on June 30, 1963, this chapter shall apply to all agencies and agency proceedings not expressly exempted. (b) None of the provisions of this chapter shall apply to the following sections and chapters: (1) Section 16-32-10 (University of Rhode Island); (2) Chapter 41 of title 16 (New England Higher Education Compact); (3) Section 16-33-6 (Rhode Island College); (4) Chapter 16 of title 23 (Health Facilities Construction Act); (5) Chapter 8 of title 20 (Atlantic States Marine Fisheries Compact); (6) Chapter 38 of title 28 (Dr. John E. Donley Rehabilitation Center); (7) Chapter 7 of title 17 (State Board of Elections); (8) Chapter 16 of title 8 (Judicial Tenure and Discipline); (9) Chapter 61 of title 42 (State Lottery); (10) Chapter 24.4 of title 45 (Special Development Districts); (11) Chapter 12 of title 35 (The University of Rhode Island Research Corporation). (c) The provisions of §§ 42-35-9, 42-35-10, 42-35-11, 42-35-12 and 42-35-13 shall not apply to: (1) Any and all acts, decisions, findings, or determinations by the board of review of the department of labor and training or the director of the department of labor and training or his, her, its or their duly authorized agents and to any and all procedures or hearings before and by the director or board of review of the department of labor and training or his or her agents under the provisions of chapters 39 – 44 of title 28. (2) Section 28-5-17 (Conciliation of charges of unlawful practices). (3) Chapter 8 of title 13 (Parole). (4) Any and all acts, decisions, findings or determinations by the administrator of the division of motor vehicles or his or her duly authorized agent and to any and all procedures or hearings before and by said administrator or his or her said agent under the provisions of chapters 10, 11, 31 to 33, inclusive, of title 31. (5) Procedures of the board of examiners of hoisting engineers under chapter 26 of title 28. (6) Any and all acts, decisions, findings, or determinations made under authority from the provisions of chapters 29 – 38 of title 28, concerning workers' compensation administration, procedure and benefits. History of Section. (G.L. 1956, § 42-35-18; P.L. 1962, ch. 112, § 1; P.L. 1969, ch. 231, § 3; P.L. 1970, ch. 94, § 1; P.L. 1971, ch. 246, § 1; P.L. 1974, ch. 20, § 3; P.L. 1974, ch. 100, § 13; P.L. 1974, ch. 136, § 3; P.L. 1981, ch. 32, § 6; P.L. 1981, ch. 44, § 2; P.L. 1981, ch. 332, § 3; P.L. 1982, ch. 301, § 9; P.L. 1982, ch. 324, § 2; P.L. 1984, ch. 24, art. I, § 2; P.L. 1984 (S.S.), ch. 450, § 1; P.L. 1986, ch. 253, § 2; P.L. 1995, ch. 370, art. 12, § 12; P.L. 2002, ch. 316, § 1; P.L. 2002, ch. 387, § 1; P.L. 2004, ch. 273, § 5; P.L. 2004, ch. 293, § 5; P.L. 2012, ch. 241, art. 4, § 4.)[1] |
See also
External links
Footnotes
