Current through September 18, 2024
A. Adoption of
Management Policies and rulemaking shall be in accordance with R.I. Gen. Laws
Chapter 42-35 and further in accordance with the Rules and Regulations and
procedures set forth herein.
B. In
addition to other rulemaking requirements imposed by law, the Council shall:
1. Adopt as a Rule a description of its
organization, stating the general course and method of its operations and the
methods whereby the public may obtain information or make submissions or
requests;
2. Adopt Rules of
practice, setting forth the nature and requirements of all formal and informal
procedures available and including a description of all forms and instructions
used by the agency;
3. Make
available for public inspection all Rules and all other written statements of
policy or interpretations formulated, adopted, or used by the agency in the
discharge of its functions;
4. Make
available for public inspection all final orders, decision and
opinions.
C. No Council
Rule, order, or decision is valid or effective against any person or party, nor
may it be invoked by the Council for any purpose, until it has been made
available for public inspection as herein required, except that this provision
is not applicable in favor of any person or party who has actual knowledge
thereof.
D. Prior to the adoption,
amendment, or repeal of any Rule the Council shall:
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 of 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 have made timely request of the Council for advance notice
of its rulemaking proceeding 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) members. The Council shall consider
fully all written and oral submissions respecting the proposed Rule. Upon
adoption of a Rule, the Council, if requested to do so by an interested person,
either prior to adoption or within thirty (30) days thereafter, shall issue a
concise statement of the principal reasons for and against its adoption,
incorporating therein its reasons for overruling the considerations urged
against its adoption.
E.
If the Council finds that an imminent peril to the public health safety or
welfare requires adoption of a Rule upon less than thirty (30) days' notice,
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 ninety (90) days.
F. No Rule hereafter adopted is valid unless
adopted in substantial compliance with this Section, but no contest of any Rule
on the ground of noncompliance with the procedural requirements of this Section
may be commenced after two (2) years from its effective date.
G. Filing and Taking Effect of Rules
1. The Council shall file forthwith in the
Office of the Secretary of State a certified copy of each Rule adopted by it.
The Secretary of State shall keep a permanent register of the Rules open to
public inspection.
2. Each Rule
hereafter adopted is effective twenty (20) days after filing, except that:
a. If a later date is required by statute or
specified in the Rule, the later date is the effective date;
b. Subject to applicable constitutional or
statutory provisions, an Emergency Rule may become effective immediately upon
filing with the Secretary of State, or at a stated date less than twenty (20)
days thereafter, if the Council finds that this effective date is necessary
because of imminent perils to the public health, safety, or welfare. The
Council's finding and a brief statement of the reasons therefore shall be filed
with the Rule in the Office of the Secretary of State. The Council shall take
appropriate measures to make Emergency Rules known to the persons who may be
affected by them.
H. Petition for Adoption of Rules
1. Any interested person may petition the
Council requesting the promulgation, amendment or repeal of any Rule. The
Council shall prescribe by Rule the form for petitions and the procedure for
their submission, consideration, and disposition. Upon submission of a
petition, the Council within thirty (30) days shall either deny the petition in
writing (stating its reasons for the denials) or initiate rulemaking
proceedings.
