Rhode Island Code of Regulations
Title 650 - Coastal Resources Management Council
Chapter 10 - General Administration
Subchapter 00 - N/A
Part 1 - Management Procedures
Section 650-RICR-10-00-1.12 - Declaratory Rulings
Universal Citation: 650 RI Code of Rules 10 00 1.12
Current through September 18, 2024
A. Petitions
1. As prescribed by R.I. Gen. Laws §
42-35-8, as amended, any
interested person may petition the Council for a declaratory ruling. The
Council on its own initiative by a majority vote may conduct an inquiry
regarding any matter properly subject for a declaratory ruling. Once a petition
is filed, or the Council, by its own accord, may initiate any investigations,
staff review or comments, or seek a legal opinion if it deems necessary. All
petitions for declaratory rulings must comply with the Pleadings provisions of
these management procedures and must set forth in a legal memoranda, with
particularity, all relevant facts, issues, and case law.
2. Thereafter, at the discretion of the
Council, the Council may:
a. Issue a binding
declaratory ruling; or
b. Issue a
non-binding declaratory ruling; or
c. Notify the petitioner and/or interested
parties of record that no declaratory ruling is to be issued.
3. The Council's decisions on
declaratory ruling petitions shall be treated as final Council actions or
orders in contested cases for the purposes of judicial review.
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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