Section 445-RICR-00-00-1.11 - Advisory OpinionsA. Advisory Opinion - Each designated agency shall render its advisory opinion, to the extent possible, pursuant to procedures that would be followed absent Board designation of the agency. Where necessary an agency shall modify its procedures to conform to the requirements of the Act, these Rules of Practice and Procedure and the preliminary decision of the Board.B. Limitation of Agency Investigation - The Board shall limit the scope of any designated agency's investigation of any issue to be considered by the Board when it finds that more than one agency has jurisdiction over the issue in the hearing process. Such limitation shall be expressly stated in writing, shall identify the agency which shall address the issue in its advisory opinion and shall be based on the Board's consideration of the relative expertise and resources of the agencies having concurrent jurisdiction and any other pertinent matter.C. Form of Advisory Opinion - A designated agency's advisory opinion shall conform with the Rhode Island Administrative Procedures Act requirements regarding Decisions and Orders. The advisory opinion shall be clearly identified as an advisory opinion issued to the Board for consideration at the Board's final hearing.D. Time - An advisory opinion shall be rendered not more than six (6) months following the Board's designation of the agency or within such lesser time as the Board may in writing require.E. Forfeiture - A designated agency's right to issue an advisory opinion shall be forfeited to the Board if the designated agency does not render an advisory opinion within the time limits established above.445 R.I. Code R. 445-RICR-00-00-1.11
Amended effective 11/28/2018