Section 650-RICR-10-00-1.12 - Declaratory RulingsA. Petitions 1. As prescribed by R.I. Gen. Laws § 42-35-8, as amended, any interested person may petition the Council for a declaratory ruling. The Council on its own initiative by a majority vote may conduct an inquiry regarding any matter properly subject for a declaratory ruling. Once a petition is filed, or the Council, by its own accord, may initiate any investigations, staff review or comments, or seek a legal opinion if it deems necessary. All petitions for declaratory rulings must comply with the Pleadings provisions of these management procedures and must set forth in a legal memoranda, with particularity, all relevant facts, issues, and case law.2. Thereafter, at the discretion of the Council, the Council may:a. Issue a binding declaratory ruling; orb. Issue a non-binding declaratory ruling; orc. Notify the petitioner and/or interested parties of record that no declaratory ruling is to be issued.3. The Council's decisions on declaratory ruling petitions shall be treated as final Council actions or orders in contested cases for the purposes of judicial review.650 R.I. Code R. 650-RICR-10-00-1.12
Amended effective 2/16/2020
Amended effective 3/4/2021
Amended effective 7/5/2021
Amended effective 6/24/2024
Amended effective 11/24/2024