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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