650 R.I. Code R. 650-RICR-10-00-1.14

Current through December 3, 2024

Section 650-RICR-10-00-1.14 - Adoption of Management Policies

A. Adoption of Management Policies and rulemaking shall be in accordance with R.I. Gen. Laws Chapter 42-35 and further in accordance with the Rules and Regulations and procedures set forth herein.

B. In addition to other rulemaking requirements imposed by law, the Council shall:

1. Adopt as a Rule a description of its organization, stating the general course and method of its operations and the methods whereby the public may obtain information or make submissions or requests;

2. Adopt Rules of practice, setting forth the nature and requirements of all formal and informal procedures available and including a description of all forms and instructions used by the agency;

3. Make available for public inspection all Rules and all other written statements of policy or interpretations formulated, adopted, or used by the agency in the discharge of its functions;

4. Make available for public inspection all final orders, decision and opinions.

C. No Council Rule, order, or decision is valid or effective against any person or party, nor may it be invoked by the Council for any purpose, until it has been made available for public inspection as herein required, except that this provision is not applicable in favor of any person or party who has actual knowledge thereof.

D. Prior to the adoption, amendment, or repeal of any Rule the Council shall:

1. Give at least thirty (30) days' notice of its intended action. The notice shall include a statement of either the terms or substance of the intended action or a description of the subjects and issues involved, and of the time when, the place where, and the manner in which interested persons may present their views thereon. The notice shall be mailed to all persons who have made timely request of the Council for advance notice of its rulemaking proceeding and published in a newspaper or newspapers having aggregate general circulation throughout the State, provided, however, that if said action is limited in its applicability to a particular area, then said publication may be in a newspaper having general circulation in said area.

2. Afford all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing. In case of substantive Rules, opportunity for oral hearing must be granted if requested by twenty-five (25) members. The Council shall consider fully all written and oral submissions respecting the proposed Rule. Upon adoption of a Rule, the Council, if requested to do so by an interested person, either prior to adoption or within thirty (30) days thereafter, shall issue a concise statement of the principal reasons for and against its adoption, incorporating therein its reasons for overruling the considerations urged against its adoption.

E. If the Council finds that an imminent peril to the public health safety or welfare requires adoption of a Rule upon less than thirty (30) days' notice, and states in writing its reasons for that finding, it may proceed without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable, to adopt an Emergency Rule. The Rule so adopted may be effective for a period of not longer than one hundred twenty (120) days renewable once for a period not exceeding ninety (90) days.

F. No Rule hereafter adopted is valid unless adopted in substantial compliance with this Section, but no contest of any Rule on the ground of noncompliance with the procedural requirements of this Section may be commenced after two (2) years from its effective date.

G. Filing and Taking Effect of Rules

1. The Council shall file forthwith in the Office of the Secretary of State a certified copy of each Rule adopted by it. The Secretary of State shall keep a permanent register of the Rules open to public inspection.

2. Each Rule hereafter adopted is effective twenty (20) days after filing, except that:

a. If a later date is required by statute or specified in the Rule, the later date is the effective date;

b. Subject to applicable constitutional or statutory provisions, an Emergency Rule may become effective immediately upon filing with the Secretary of State, or at a stated date less than twenty (20) days thereafter, if the Council finds that this effective date is necessary because of imminent perils to the public health, safety, or welfare. The Council's finding and a brief statement of the reasons therefore shall be filed with the Rule in the Office of the Secretary of State. The Council shall take appropriate measures to make Emergency Rules known to the persons who may be affected by them.

H. Petition for Adoption of Rules

1. Any interested person may petition the Council requesting the promulgation, amendment or repeal of any Rule. The Council shall prescribe by Rule the form for petitions and the procedure for their submission, consideration, and disposition. Upon submission of a petition, the Council within thirty (30) days shall either deny the petition in writing (stating its reasons for the denials) or initiate rulemaking proceedings.

650 R.I. Code R. 650-RICR-10-00-1.14

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