Rhode Island Code of Regulations
Title 475 - Personnel Appeals Board
Chapter 00 - N/A
Subchapter 00 - N/A
Part 1 - Rules and Regulations of the Personnel Appeal Board
Section 475-RICR-00-00-1.6 - Petitions for Promulgation, Amendment, or Repeal

Universal Citation: 475 RI Code of Rules 00 00 1.6

Current through September 18, 2024

A. Any interested person may petition the Board pursuant to R.I. Gen. Laws § 42-35-6 requesting the promulgation, amendment, or repeal of any rule.

B. Where the petition requests the promulgation of a rule, the requested or proposed rule must be set out in full. The petition must also include all the reasons for the requested rule together with briefs of any applicable law. Where the petition requests the amendment or repeal of a rule presently in effect, the rule or portion of the rule 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.

C. Prior to the adoption, amendment, or repeal of any rule, the Board shall, in accordance with R.I. Gen. Laws Chapter 42-35:

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 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 made timely request of the Board for advance notice of its rule-making proceedings, 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) persons, or by a governmental subdivision or agency, or by an association having not less than twenty-five (25) members, within (10) days of the posted notice. The Board shall consider fully all written and oral submissions respecting the proposed rule.

3. If the Board finds that an imminent peril to the public health, safety, or welfare or the loss of federal funding for an agency program requires adoption of an emergency rule 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 sixty (60) days.

1.6.1 Declaratory Rulings
A. As prescribed by R.I. Gen Laws § 42-35-8, any interested person may petition the Board for a declaratory ruling. The Board shall consider the petition and within a reasonable time the Board shall:
1. Issue a non-binding declaratory ruling; or

2. Notify the person that no declaratory ruling is to be issued; or

3. Set a reasonable time and place for hearing argument upon the matter, and give reasonable notification to the person of the time and place for such hearing and of the issues involved.

B. If a hearing as provided in §1.6.1(A)(3) is conducted, the Department shall, within a reasonable time:
1. Issue a binding declaratory rule; or

2. Issue a non-binding declaratory ruling; or

3. Notify the person that no declaratory ruling is to be issued.

1.6.2 Forms
A. Any interested person petitioning the Board for a declaratory ruling pursuant to R.I. Gen. Laws § 42-35-8 shall generally adhere to the following form for such purpose:
1. At the top of the page shall appear the wording "Before the (name of Board);"

2. 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 a Declaratory Ruling."

3. Opposite the foregoing caption shall appear the word "Petition."

4. The body of the petition shall be set out in numbered paragraphs:
a. The first paragraph shall state the name and address of the petitioning party.

b. The second paragraph shall state all rules or statutes that may be brought into issue by the petition.

c. Succeeding paragraphs shall set out the state of facts relied upon in form similar to that applicable to complaints in civil actions before the Superior Courts of this State.

d. The concluding paragraphs shall contain the prayer of the petitioner.

5. The petition shall be subscribed and verified in the manner prescribed for verification of complaints in the Superior Courts of this State.

6. The original and four legible copies shall be filed with the Board. Petitions shall be on white paper, either 8-1 /2" x 11 or 8-1 /2" x 14" in size.

B. Any interested person petitioning the Board requesting the promulgation, amendment or repeal of any rules shall generally adhere to the following form for such purpose.
1. At the top of the page shall appear the wording "Before the (name of Board);"

2. 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 Rule (or Rules)."

3. Opposite the foregoing caption shall appear the word "Petition."

4. The body of the petition shall be set out in numbered paragraphs:
a. The first paragraph shall state the name and address of the petitioning party and whether petitioner seeks the promulgation of new rule or rules, or amendment or repeal of existing rule or rules.

b. The second paragraph, in case of a proposed new rule or amendment of an existing rule, shall set forth the desired rule or amendment of an existing rule, shall set forth the desired rule in its entirety.
(1) Where the petition is for amendment, the new matter shall be underscored and the matter proposed to be deleted shall appear in double parentheses.

(2) Where the petition is for the repeal of an existing rule, such shall be stated and the rule proposed to be repealed shall either be set forth in full or shall be referred to by Board rule number.

c. The third paragraph shall set forth concisely the reasons for the proposal of the petitioner and shall contain a statement as to the interest of the petitioner in the subject matter of the rule. Additional numbered paragraphs may be used to give full explanation of petitioner's reason for the action sought.

5. Petitions shall be dated and signed by the person or entity named in the first paragraph or by his attorney. The original and four legible copies of the petition shall be filed with the Board. Petitions shall be on white paper, either 8-1 /2" x 11" or 8-1 /2" x 14" in size.

Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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