250 R.I. Code R. 250-RICR-20-00-1.6

Current through November 7, 2024

Section 250-RICR-20-00-1.6 - Petition for Declaratory Rulings

A. Any person who alleges that a Rule, statute or order, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights of the petitioner, may in accordance with R.I. Gen. Laws § 42-35-8 and these Regulations, petition the Director for a declaratory ruling as to the applicability of any statute, any provision or Rule or order of the agency. Such petition shall be filed with the Department in the manner required by §§ 1.4 and 1.5 of this Part and the petition shall clearly and concisely identify:

1. The precise statute, Rule or order, including paragraph(s) or subparagraph(s) on which a declaratory ruling is sought;

2. How the petitioner is affected by the statute, Rule or order, including a statement of uncontested facts upon which the request is based;

3. Why the ruling is sought;

4. The petitioner's position on how the applicable statute, Rule or order should be interpreted, including citation to any applicable documents or law that support petitioner's position.

5. Other persons who may be affected if the Department adopts the petitioner's position including any small businesses that may experience a significant adverse economic impact; small business shall be defined in accordance with R.I. Gen. Laws § 42-35-1.

6. Whether the petitioner has, or is aware of, any other matters pending before the Department or the courts that may be affected by the declaratory ruling sought; this shall include, but not be limited to: permit applications, enforcement actions, petitions, contracts and leases or rental agreements;

B. The petition must contain a certification that a copy of the petition and any supporting documentation was mailed to the affected Division. The Division shall have twenty (20) days in which to file a responsive pleading.

C. The Director shall consider the petition and any documents submitted in support or opposition thereof and shall:

1. Issue a declaratory ruling which will have the same status as a departmental decision or order in a contested case;

2. If necessary, seek additional clarification of issues raised by the petitioner and upon receipt of the clarifications, promptly issue a declaratory ruling;

3. Find that the petitioner is not in fact an interested person affected by a statute, Rule or order of the Department and decline to issue a declaratory ruling;

4. Schedule a public hearing if the Director determines that there is widespread public interest in the issues raised by the petitioner and promptly issue a declaratory ruling after the conclusion of the public hearing or;

5. Refer the matter to the Chief Hearing Officer of the Administrative Adjudication for an adjudicatory hearing and recommended decision.

D. The Department shall maintain a public file containing all declaratory rulings issued by the Director and such rulings may be cited as precedent and relied upon in the formulation of subsequent rulings.

250 R.I. Code R. 250-RICR-20-00-1.6

Amended effective 4/10/2022