525 R.I. Code R. 525-RICR-10-00-1.4

Current through December 3, 2024

Section 525-RICR-10-00-1.4 - Requesting An Open Meeting Telecommunications Accommodation Waiver

A. Whenever a request for an Open Meeting Telecommunications Accommodation Waiver is made to the Commission, it shall provide the requesting party with a copy of these Regulations and assist the individual in preparing an Open Meeting Telecommunications Accommodation Waiver Request Form.

B. The party requesting the waiver shall provide a signed certificate attesting that the party:

1. Has a disability as defined in R.I. Gen. Laws § 42-87-1;

2. Cannot attend meetings of that public body in person solely by reason of his or her disability;

3. May participate by use of electronic communication or telephone communication; and

4. Describe how the party cannot attend meetings of that public body in person.

1.4.1Granting or Rejecting a Telecommunications Accommodation Waiver

A. The Hearing Board shall review the Waiver Request at its next meeting and approve or reject the request. The member of the public body may appear and testify at meeting of the Hearing Board via telecommunication devices when their request is on the agenda. Notice of the meeting shall be sent to the affected public body and the member the waiver is requested for.

B. The Hearing Board shall:

1. Review the factors preventing the public body member's physical attendance at meetings of that public body.

2. Conduct a technical review of possible electronic communication or telephone communication equipment or devices that would enable that member to participate in the public body's meetings.

C. If the Hearing Board grants the waiver, the Board's staff person shall issue the waiver in writing:

1. Send the original waiver to public body's presiding officer;

2. Send a copy to the requesting member; and

3. Place a copy of the waiver on the public record.

D. If the Hearing Board rejects the waiver request, the Board shall state its reasons for rejection in writing to the requesting member, within a week of the meeting and place a copy of the waiver rejection on the public record.

525 R.I. Code R. 525-RICR-10-00-1.4

Amended effective 3/19/2023