Current through September 18, 2024
A. General. Pursuant to R.I. Gen. Laws §
42-35-6, any interested person may
petition the Department requesting the promulgation, amendment or repeal of any
rule or regulation. Where the petition requests the promulgation of a rule or
regulation, the requested or proposed rule must be set out in full. The
petition must also include all the reasons for the requested rule or regulation
together with briefs of any applicable law. Where the petition requests the
amendment or repeal of a rule or regulation presently in effect, the rule or
regulation or the applicable portion thereof in question must be set out as
well as a suggested amended form, if any. The petition must include all reasons
for the requested amendment or repeal of the rule or regulation. All petitions
shall be considered by the Department. Within a reasonable time the Department
shall, in its sole discretion, take one 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 issue(s). The Department will, thereafter, issue a
declaratory based upon the written submissions; 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 issues of the time and place for such hearing and of the
issues involved.
4. If either
§
3.4(A)(2) or 3.4(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 requesting the promulgation, amendment or repeal of
any rule or regulation shall generally adhere to the following form 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
petitioning party) for (state whether promulgation, amendment or repeal) of
(identity rule or regulation)." Opposite the forgoing 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 address of the petitioning party and whether petitioner
seeks the promulgation of a new rule(s) or regulation(s). The second paragraph,
in case of a proposed new rule or regulation or amendment of an existing rule
or regulation shall set forth the desired rule or regulation in its entirety.
Where the petition is for amendment, the proposed amendments shall be set forth
in a manner which clearly indicates the additions and deletions proposed. Where
the petition is for repeal of an existing rule or regulation, such shall be
stated and the rule or regulation proposed to be repealed shall be referred to
by Department number. The third paragraph shall set forth concisely the reasons
for the proposal of petitioner and shall contain a statement as to the interest
of the petitioner in the subject matter of the rule or regulation. Additional
numbered paragraphs may be used to give full explanation or petitioner's
reasons for the action sought.
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
submitted on 8 and 1/2 x 11" inch white paper.
