reglab/housing_qa huggingface dataset:
RI Gen L § 42-35-8 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35 - Administrative Procedures|Section 42-35-8 - Declaratory order.

§ 42-35-8. Declaratory order.(a) A person may petition an agency for a declaratory order that interprets or applies a statute administered by the agency or states whether, or in what manner, a rule, guidance document, or order issued by the agency applies to the petitioner.(b) An agency shall promulgate rules prescribing the form of a petition under subsection (a) and the procedure for its submission, consideration, and prompt disposition. The provisions of this chapter concerning formal, informal, or other applicable hearing procedure do not apply to an agency proceeding for a declaratory order, except to the extent provided in this section or to the extent the agency provides by rule or order.(c) Not later than sixty (60) days after receipt of a petition under subsection (a), an agency shall issue a declaratory order in response to the petition, decline to issue the order, or schedule the matter for further consideration.(d) If an agency declines to issue a declaratory order requested under subsection (a), it shall notify, promptly, the petitioner of its decision. The decision must be in a record and must include a brief statement of the reasons for declining. An agency decision to decline to issue a declaratory order is subject to judicial review for abuse of discretion. An agency failure to act within the applicable time under subsection (c) is subject to judicial action under § 42-35-15.(e) If an agency issues a declaratory order, the order must contain the names of all parties to the proceeding, the facts on which it is based, and the reasons for the agency's conclusion. If an agency is authorized not to disclose certain information in its records to protect confidentiality, the agency may redact confidential information in the order. The order has the same status and binding effect as an order issued in a contested case and is subject to judicial review under § 42-35-15.(f) An agency shall publish each currently effective declaratory order on its agency website.(g) An agency shall maintain a current and publicly accessible index of all of its currently effective declaratory orders on its website; file the index with the secretary of state; make the index readily available for public inspection; and make available for public inspection and, for a reasonable charge, copying the full text of all declaratory orders to the extent inspection is permitted by law of this state other than this chapter. Declaratory orders are effective only if filed with the secretary of state.History of Section.G.L. 1956, § 42-35-8; P.L. 1962, ch. 112, § 1; P.L. 1986, ch. 281, § 7; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.
RI Gen L § 42-35-9 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35 - Administrative Procedures|Section 42-35-9 - Contested cases - Notice - Hearing - Records.

§ 42-35-9. Contested cases — Notice — Hearing — Records.(a) In any contested case, all parties shall be afforded an opportunity for a hearing after reasonable notice.(b) The notice shall include:(1) A statement of the time, place, and nature of the hearing;(2) A statement of the legal authority and jurisdiction under which the hearing is to be held;(3) A reference to the particular sections of the statutes and rules involved;(4) A short and plain statement of the matters inserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved and detailed statement shall be furnished.(c) Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved.(d) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.(e) The record in a contested case shall include:(1) All pleadings, motions, intermediate rulings;(2) Evidence received or considered;(3) A statement of matters officially noticed;(4) Questions and offers of proof and rulings thereon;(5) Proposed findings and exceptions;(6) Any decision, opinion, or report by the officer presiding at the hearing;(7) All staff memoranda or data submitted to the hearing officer or members of the agency in connection with their consideration of the case.(f) Oral proceedings or any part thereof conducted under the provisions of this chapter shall be transcribed on request by any party. Stenotypists occupying positions within the state service as hearing reporters for any state agency, who report stenographically the proceedings in administrative hearings and the taking of depositions in their capacity as reporters for a state agency, shall be paid at the rate established by § 8-5-5 from the requesting party; provided, however, the state agency shall not be required to compensate the stenotypists for the transcript.(g) Findings of fact shall be based exclusively on the evidence and matters officially noticed.History of Section.G.L. 1956, § 42-35-9; P.L. 1962, ch. 112, § 1; P.L. 1979, ch. 370, § 1; P.L. 1981, ch. 424, § 1.
RI Gen L § 42-35-9.1 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35 - Administrative Procedures|Section 42-35-9.1 - Repealed.

§ 42-35-9.1. Repealed.History of Section.P.L. 2013, ch. 335, § 1; P.L. 2013, ch. 435, § 1; Repealed by P.L. 2016, ch. 203, § 1, effective June 29, 2016; P.L. 2016, ch. 206, § 1, effective June 29, 2016.
RI Gen L § 42-35-10 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35 - Administrative Procedures|Section 42-35-10 - Rules of evidence - Official notice.

§ 42-35-10. Rules of evidence — Official notice.In contested cases:(1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in civil cases in the superior courts of this state shall be followed; but, when necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible under those rules may be submitted (except where precluded by statute) if it is of a type commonly relied upon by reasonably prudent men and women in the conduct of their affairs. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form;(2) Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original;(3) A party may conduct cross examinations required for a full and true disclosure of the facts;(4) Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge; but parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The agency's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.History of Section.G.L. 1956, § 42-35-10; P.L. 1962, ch. 112, § 1.
RI Gen L § 42-35-11 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35 - Administrative Procedures|Section 42-35-11 - Examination of evidence by agency.

§ 42-35-11. Examination of evidence by agency.(a) Whenever in a contested case a majority of the officials of the agency who are to render the final decision have not heard the case or read the record, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be made until a proposal for decision is served upon the parties, and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the officials who are to render the decision.(b) The proposal for decision shall contain a statement of reasons and include the determination of each issue of fact or law necessary to the proposed decision, prepared by the person who conducted the hearing or one who has read the record. The parties by written stipulation may waive compliance with this section.History of Section.G.L. 1956, § 42-35-11; P.L. 1962, ch. 112, § 1; P.L. 2007, ch. 340, § 35.
RI Gen L § 42-35-12 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35 - Administrative Procedures|Section 42-35-12 - Orders.

§ 42-35-12. Orders.Any final order adverse to a party in a contested case shall be in writing or stated in the record. Any final order shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If a party, in accordance with agency rules, submitted proposed findings of fact, the order shall include a ruling upon each proposed finding. Parties shall be notified either personally or by mail of any order. Included with the final order shall be a separate notice advising the parties of the availability of judicial review, the appeal period and the procedure for filing an appeal, and providing a reference to the statutory authority. If the agency fails to provide such notice, the time for taking an appeal shall be extended for an additional thirty (30) days beyond the time otherwise authorized by law. Upon request, a copy of any final order stated in the record shall be delivered or mailed forthwith to each party and to his or her attorney of record.History of Section.G.L. 1956, § 42-35-12; P.L. 1962, ch. 112, § 1; P.L. 1986, ch. 281, § 8; P.L. 2004, ch. 26, § 1; P.L. 2004, ch. 177, § 1.
RI Gen L § 42-35-13 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35 - Administrative Procedures|Section 42-35-13 - Ex parte consultations.

§ 42-35-13. Ex parte consultations.Unless required for the disposition of ex parte matters authorized by law, members or employees of an agency assigned to render an order or to make findings of fact and conclusions of law in a contested case shall not, directly or indirectly, in connection with any issue of fact, communicate with any person or party, nor, in connection with any issue of law, with any party or his or her representative, except upon notice and opportunity for all parties to participate; but any agency member:(1) May communicate with other members of the agency, and(2) May have the aid and advice of one or more personal assistants.History of Section.G.L. 1956, § 42-35-13; P.L. 1962, ch. 112, § 1; P.L. 1986, ch. 281, § 9.
RI Gen L § 42-35-14 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35 - Administrative Procedures|Section 42-35-14 - Licenses.

§ 42-35-14. Licenses.(a) Whenever the grant, denial, or renewal of a license is required to be preceded by notice and opportunity for a hearing, the provisions of this chapter concerning contested cases apply.(b) Whenever a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license does not expire until the application has been finally determined by the agency, and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.(c) No revocation, suspension, annulment, or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency sent notice by mail to the licensee of facts or conduct which warrant the intended action, and the licensee was given an opportunity to show compliance with all lawful requirements for the retention of the license. If the agency finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.History of Section.G.L. 1956, § 42-35-14; P.L. 1962, ch. 112, § 1.
RI Gen L § 42-35-15.1 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35 - Administrative Procedures|Section 42-35-15.1 - Manner of taking appeals from administrative agencies.

§ 42-35-15.1. Manner of taking appeals from administrative agencies.(a) Appeals from decisions by administrative agencies of the state or officers thereof shall be taken to the superior court or to the district court as provided by the general laws in respect to each agency; provided, however, the time limits for the taking of steps necessary to perfect the appeal to the superior court or the district court shall be governed by the provisions of § 42-35-15, any provisions in the general laws to the contrary notwithstanding.(b) Review by the supreme court of final judgments of the superior court or the district court in respect to those appeals shall be governed by the provisions of § 42-35-16.History of Section.P.L. 1984, ch. 349, § 1.
RI Gen L § 42-35-16 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35 - Administrative Procedures|Section 42-35-16 - Review by supreme court.

§ 42-35-16. Review by supreme court.Any party in interest, if aggrieved by a final judgment of the superior, family, or district court rendered in proceedings brought under § 42-35-15, may, within twenty (20) days from the date of entry of the judgment, petition the supreme court of the state of Rhode Island for a writ of certiorari to review any questions of law involved. The petition for a writ of certiorari shall set forth the errors claimed. Upon the filing of such a petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of certiorari to the superior, family, or district court to certify to the supreme court the record of the administrative proceeding under review, or so much thereof as was submitted to the superior, family, or district court by the parties, together with any additional record of the proceedings in the superior, family, or district court.History of Section.G.L. 1956, § 42-35-16; P.L. 1962, ch. 112, § 1; P.L. 1966, ch. 213, § 1; P.L. 1972, ch. 169, § 30; P.L. 1976, ch. 140, § 20; P.L. 1984, ch. 167, § 4.
RI Gen L § 42-35-17 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35 - Administrative Procedures|Section 42-35-17 - Severability.

§ 42-35-17. Severability.If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.History of Section.G.L. 1956, § 42-35-17; P.L. 1962, ch. 112, § 1.
RI Gen L § 42-35.1-1 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35.1 - Small Business Regulatory Fairness in Administrative Procedures|Section 42-35.1-1 - Legislative findings.

§ 42-35.1-1. Legislative findings.The general assembly finds and declares that:(1) A vibrant and growing small business sector is critical to creating jobs in a dynamic economy;(2) Small businesses bear a disproportionate share of regulatory costs and burdens;(3) Fundamental changes that are needed in the regulatory and enforcement culture of state agencies to make them more responsive to small business can be made without compromising the statutory missions of the agencies;(4) When adopting regulations to protect the health, safety, and economic welfare of Rhode Island state agencies should seek to achieve statutory goals as effectively and efficiently as possible without imposing unnecessary burdens on small employers;(5) Uniform regulatory and reporting requirements can impose unnecessary and disproportionately burdensome demands including legal, accounting and consulting costs upon small businesses with limited resources;(6) The failure to recognize differences in the scale and resources of regulated businesses can adversely affect competition in the marketplace, discourage innovation, and restrict improvements in productivity;(7) Unnecessary regulations create entry barriers in many industries and discourage potential entrepreneurs from introducing beneficial products and processes;(8) The practice of treating all regulated businesses as equivalent may lead to inefficient use of regulatory agency resources, enforcement problems, and in some cases, to actions inconsistent with the legislative intent of health, safety, environmental, and economic welfare legislation;(9) Alternative regulatory approaches which do not conflict with the stated objective of applicable statutes may be available to minimize the significant economic impact of rules on small businesses;(10) The process by which state regulations are developed and adopted should be reformed to require agencies to solicit the ideas and comments of small businesses, to examine the impact of proposed and existing rules on such businesses, and to review the continued need for existing rules.History of Section.P.L. 2009, ch. 229, § 1; P.L. 2009, ch. 230, § 1.
RI Gen L § 42-35.1-2 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35.1 - Small Business Regulatory Fairness in Administrative Procedures|Section 42-35.1-2 - Definitions.

§ 42-35.1-2. Definitions.As used in this section:(1) "Agency" means each state board, commission, department, or officer authorized by law to make regulations or to determine contested cases;(2) "Proposed regulation" means a proposal by an agency for a new regulation or for a change in, addition to, or repeal of an existing regulation;(3) "Regulation" means each agency statement of general applicability, without regard to its designation, that implements, interprets, or prescribes law or policy, or describes the organization, procedure, or practice requirements of agency. The term includes the amendment or repeal of a prior regulation but does not include; (i) Statements concerning only the internal management of any agency and not affecting private rights of procedures available to the public, (ii) Declaratory ruling; (iii) Intra-agency or interagency memoranda; (iv) An order;(4) "Small business" shall have the same meaning as in § 42-35-1.History of Section.P.L. 2009, ch. 229, § 1; P.L. 2009, ch. 230, § 1.
RI Gen L § 42-35.1-3 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35.1 - Small Business Regulatory Fairness in Administrative Procedures|Section 42-35.1-3 - Economic impact statements.

§ 42-35.1-3. Economic impact statements.(a) Prior to the adoption of any proposed regulation that may have an adverse impact on small businesses, with the exception of emergency regulations adopted in accordance with § 42-35-3(b) and excluding those businesses defined in subsection (c) of this section, each agency shall prepare and submit, in conjunction with assistance and oversight from the office of regulatory reform, the proposed regulations to both the governor's office and the office of regulatory reform at least fifteen (15) days in advance of the commencement of the formal rulemaking process, and in congruence with the analysis required in subsection (b) of this section, an economic impact statement that includes the following:(1) An identification and estimate of the number of the small businesses subject to the proposed regulation;(2) The projected reporting, recordkeeping, and other administrative costs required for compliance with the proposed regulation, including the type of professional skills necessary for preparation of the report or record;(3) A statement of the effect or probable effect on impacted small businesses;(4) A description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation.(b) The economic impact statement required herein shall be published in guide form as well as posted on the department of administration and the office of management and budget websites. The guide should be published and/or posted on or around the same date as the regulation change and shall include a description of actions needed by the small business to meet the requirement of the regulation. The office of regulatory reform shall develop criteria for the economic impact statement.(c) The following professional and business activities, extensively regulated pursuant to state and federal law and subject to significant capital requirements and other regulatory standards, shall be excluded from this section:(1) All public utilities, as defined in § 39-1-2, whose rates are subject to approval by the public utilities commission; and(2) All regulated institutions as defined in § 19-1-1(10); broker dealers as defined in § 7-11-101(1); and insurance companies chartered or licensed pursuant to chapters 1 and 2 of title 27.History of Section.P.L. 2009, ch. 229, § 1; P.L. 2009, ch. 230, § 1; P.L. 2012, ch. 89, § 2; P.L. 2012, ch. 120, § 2; P.L. 2012, ch. 445, § 1; P.L. 2014, ch. 99, § 1; P.L. 2014, ch. 123, § 1.
RI Gen L § 42-35.1-4 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35.1 - Small Business Regulatory Fairness in Administrative Procedures|Section 42-35.1-4 - Regulatory flexibility - Flexibility analysis required.

§ 42-35.1-4. Regulatory flexibility — Flexibility analysis required.(a) Notwithstanding any general or public law to the contrary, prior to the adoption of any proposed regulation on and after January 1, 2010, each agency shall prepare a regulatory flexibility analysis in which the agency shall, where consistent with health, safety, environmental, and economic welfare consider utilizing regulatory methods that will accomplish the objectives of applicable statutes while minimizing adverse impact on small businesses. The agency shall consider, without limitation, each of the following methods of reducing the impact of the proposed regulation on small businesses:(1) The establishment of less stringent compliance or reporting requirements for small businesses;(2) The establishment of less stringent schedules or deadlines for compliance or reporting requirements for small businesses;(3) The consolidation or simplification of compliance or reporting requirements for small businesses;(4) The establishment of performance standards for small businesses to replace design or operational standards required in the proposed regulation; and(5) The exemption of small businesses from all or any part of the requirements contained in the proposed regulation.(b) Prior to the adoption of any proposed regulation that may have an adverse impact on small businesses each agency shall notify the office of regulatory reform of its intent to adopt the proposed regulation. The office of regulatory reform shall advise and assist agencies in complying with the provisions of this section.History of Section.P.L. 2009, ch. 229, § 1; P.L. 2009, ch. 230, § 1; P.L. 2012, ch. 445, § 1.