Rhode Island Code of Regulations
Title 230 - Department of Business Regulation
Chapter 10 - Central Operations
Subchapter 00 - N/A
Part 3 - Declaratory Rulings and Petitions (230-RICR-10-00-3)
Section 230-RICR-10-00-3.3 - Declaratory Rulings
Universal Citation: 230 RI Code of Rules 10 00 3.3
Current through September 18, 2024
A. General. Pursuant to R.I. Gen. Laws § 42-35-8, any interested person may petition the Department for a declaratory ruling. The Department shall consider the petition. Within a reasonable time the Department shall, in its sole discretion, take one of the following actions:
1. Issue a declaratory ruling; or
2. Solicit written argument from the filer
and any other person(s) that the Department reasonably believes would be
interested in the issues; or
3. Set
a reasonable time and place for hearing argument upon the matter and give
reasonable notification to the filer and any other person(s) that the
Department reasonably believes would be interested in the issue(s) of the time
and place for such hearing and of the issues involved.
4. If either §§
3.3(A)(2) or
3.3(A)(3) of this Part above is utilized, the Department shall within a
reasonable time after receipt of written submission or after the hearing is
held issue a binding declaratory ruling.
B. Form of Petition. Any interested person petitioning the Department for a declaratory ruling shall generally adhere to the following requirements for such purpose:
1. Petitions may be submitted electronically
or in hard copy.
2. At the top of
the page shall appear the wording "Before the Department of Business
Regulation." On the left side of the page below the foregoing, the following
caption shall be set out: "In the Matter of the Petition of (name of the
petitioning party) for a Declaratory Ruling." Opposite the foregoing caption
shall appear the word "Petition."
3. The body of the petition shall be set out
in numbered paragraphs. The first paragraph shall state the name and the
address of the petitioning party. The second paragraph shall state all rules or
statutes that may be brought into issue by the petition. Succeeding paragraphs
shall set out the state of facts relied upon in form similar to complaints in
civil actions before the superior courts of this state. The concluding
paragraphs shall contain the prayer of the petitioner. The petition shall be
subscribed and verified in the manner prescribed for verification of complaints
in the superior courts of this state.
4. Petitions shall clearly identify the filer
and/or his or her authorized representative and the date of submission of the
petition.
5. If submitted in hard
copy the original and two (2) copies shall be filed with the Department and
petitions shall be on 8 and 1/2 x 11" white paper.
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