465 R.I. Code R. 465-RICR-10-00-4.4

Current through December 3, 2024
Section 465-RICR-10-00-4.4 - Rule Making Initiated by the Board
A. The Board shall adopt, amend, or repeal rules pursuant to R.I. Gen. Laws Chapter 42-35.
1. The Board may review its Rules and Regulations, as necessary, or on an annual basis, with any changes to take effect on January 1st of each year.
B. Rule Making Initiated by Petition of Interested Party
1. Any interested person may petition the Board, requesting the promulgation, amendment, or repeal of any rule. A separate form shall be required for each section of the Rules and Regulations that a party(s) request(s) be promulgated, amended, or repealed. In the case of promulgation, the requesting party shall be required to include a proposed section number. The Request to Promulgate, Amend, or Repeal forms may be obtained on the Board's website at www.rislrb.ri.gov. All forms shall be submitted as an original, signed in blue ink, in accordance with § 1.5 of this Subchapter.
2. No petition shall be accepted by the Board's staff for consideration unless the same has been fully completed. Once the staff determines that the petition is complete, the staff shall certify the date of completeness and shall, thereafter, schedule the matter for the Board's next regularly scheduled monthly Board meeting. The Board shall either deny the petition, in writing, (stating its reasons for the denial), or initiate rule-making proceedings in accordance with § 4.4(A)(1) of this Part.
3. Any request from the general public to promulgate, amend, or repeal any rule, shall be submitted by July 31st of each year in order to be considered for the Board's annual review. Any request received after July 31st may be held for review until the following calendar year if there is insufficient time for the requested promulgation, amendment, or repeal to be processed within the timeframe as outlined in § 4.4(A)(1) of this Part.
C. Request for Declaratory Ruling
1. Any interested person may file a request for a declaratory ruling, as to the applicability of any statutory provision or of any rule or order of the Board. The Board's ruling on such requests shall have the same status as the Board's ruling in contested cases.
2. The petitioner shall submit a legal memorandum, which fully sets forth the reasons supporting its position.

465 R.I. Code R. 465-RICR-10-00-4.4