reglab/housing_qa huggingface dataset:
RI Gen L § 42-35-2.8 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35 - Administrative Procedures|Section 42-35-2.8 - Public participation.

§ 42-35-2.8. Public participation.(a) An agency proposing a rule shall specify a public-comment period of at least thirty (30) days after publication of notice of the proposed rulemaking, during which a person may submit information and comment on the proposed rule. The information or comment may be submitted in an electronic or written format. The agency shall consider all information and comments on a proposed rule which is submitted pursuant to this subsection within the comment period.(b) An agency may consider any other information it receives concerning a proposed rule during the public-comment period. Any information considered by the agency must be incorporated into the record under § 42-35-2.3. The information need not be submitted in an electronic or written format. Nothing in this section prohibits an agency from discussing with any person at any time the subject of a proposed rule.(c) Unless a hearing is required by law of this state other than this chapter, an agency is not required to hold a hearing on a proposed rule but may do so. Opportunity for a hearing must be granted if a request is received by twenty-five (25) persons, or by a governmental agency, or by an association having not less than twenty-five (25) members, within ten (10) days of a notice posted in accordance with subsection (a). A hearing must be open to the public, recorded, and held at least five (5) days before the end of the public-comment period.(d) A hearing on a proposed rule may not be held earlier than ten (10) days after notice of its location, date, and time is published on the secretary of state's website.(e) An agency representative shall preside over a hearing on a proposed rule. If the representative is not the agency head, the representative shall prepare a memorandum summarizing the contents of the presentations made at the hearing for consideration by the agency head.History of Section.P.L. 2016, ch. 203, § 3; P.L. 2016, ch. 206, § 3.
RI Gen L § 42-35-2.9 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35 - Administrative Procedures|Section 42-35-2.9 - Regulatory analysis.

§ 42-35-2.9. Regulatory analysis.(a) An agency shall prepare a regulatory analysis for a proposed rule. The analysis must be completed before notice of the proposed rulemaking is published. The summary of the analysis prepared under subsection (c) must be published with the notice of proposed rulemaking.(b) A regulatory analysis must contain:(1) An analysis of the benefits and costs of a reasonable range of regulatory alternatives reflecting the scope of discretion provided by the statute authorizing the proposed rule;(2) Demonstration that there is no alternative approach among the alternatives considered during the rulemaking proceeding which would be as effective and less burdensome to affected private persons as another regulation. This standard requires that an agency proposing to write any new regulation must identify any other state regulation which is overlapped or duplicated by the proposed regulation and justify any overlap or duplication; and(3) A determination whether:(i) The benefits of the proposed rule justify the costs of the proposed rule; and(ii) The proposed rule will achieve the objectives of the authorizing statute in a more cost-effective manner, or with greater net benefits, than other regulatory alternatives.(iii) An agency preparing a regulatory analysis under this section shall prepare a concise summary of the analysis.(iv) If an agency has made a good-faith effort to comply with this section, a rule is not invalid solely if there are errors or paucity of data in the regulatory analysis for the proposed rule.History of Section.P.L. 2016, ch. 203, § 3; P.L. 2016, ch. 206, § 3.
RI Gen L § 42-35-2.10 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35 - Administrative Procedures|Section 42-35-2.10 - Emergency rule.

§ 42-35-2.10. Emergency rule.If an agency finds that an imminent peril to the public health, safety, or welfare or the loss of federal funding for an agency program requires the immediate promulgation of an emergency rule and publishes in a record with the secretary of state and on its agency website reasons for that finding, the agency, without prior notice or hearing or on any abbreviated notice and hearing that it finds practicable, may promulgate an emergency rule without complying with §§ 42-35-2.7 through 42-35-2.9. The agency head and the governor, or the governor's designee, must sign the emergency rule to become effective. The emergency rule may be effective for not longer than one hundred twenty (120) days, renewable once for a period not exceeding sixty (60) days. The promulgation of an emergency rule does not preclude the promulgation of a rule under §§ 42-35-2.6 through 42-35-2.9. The agency shall file with the secretary of state a rule created under this section as soon as practicable given the nature of the emergency and publish the rule on its agency website. The secretary of state shall notify persons that have requested notice of rules related to that subject matter.History of Section.P.L. 2016, ch. 203, § 3; P.L. 2016, ch. 206, § 3.
RI Gen L § 42-35-2.11 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35 - Administrative Procedures|Section 42-35-2.11 - Direct final rule.

§ 42-35-2.11. Direct final rule.If an agency proposes to promulgate a rule which is expected to be noncontroversial, it may use direct, final rulemaking authorized by this section and must comply with §§ 42-35-2.6 and 42-35-2.7. The proposed rule must be published in the state register and on the agency's website with a statement by the agency that it does not expect the proposed rule to be controversial and that the proposed rule takes effect thirty (30) days after publication if no objection is received. If no objection is received, the rule becomes final. If an objection to the rule is received from any person not later than thirty (30) days after publication of the notice of the proposed rule, the proposed rule does not become final. The agency shall publish on its agency website and file notice of the objection with the secretary of state for publication in the state register and may proceed with rulemaking.History of Section.P.L. 2016, ch. 203, § 3; P.L. 2016, ch. 206, § 3.
RI Gen L § 42-35-2.12 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35 - Administrative Procedures|Section 42-35-2.12 - Guidance document.

§ 42-35-2.12. Guidance document.(a) An agency may issue a guidance document without following the procedures set forth in §§ 42-35-2.6 through 42-35-2.9.(b) An agency that proposes to rely on a guidance document to the detriment of a person in any administrative proceeding shall afford the person an adequate opportunity to contest the legality or wisdom of a position taken in the document. The agency may not use a guidance document to foreclose consideration of issues raised in the document.(c) A guidance document may contain binding instructions to agency staff members if, at an appropriate stage in the administrative process, the agency's procedures provide an affected person an adequate opportunity to contest the legality or wisdom of a position taken in the document.(d) If an agency proposes to act in a contested case at variance with a position expressed in a guidance document, it shall provide a reasonable explanation for the variance. If an affected person in a contested case may have relied reasonably on the agency's position, the explanation must include a reasonable justification for the agency's conclusion that the need for the variance outweighs the affected person's reliance interest.(e) An agency shall maintain an index of all of its effective guidance documents; publish the index on its website; make all guidance documents available to the public; and file the index annually with the secretary of state. The agency may not rely on a guidance document, or cite it as precedent against any party to a proceeding, unless the guidance document is published on its agency website.(f) A guidance document may be considered by a presiding officer or final decision maker in an agency contested case, but it does not bind the presiding officer or the final decision maker in the exercise of discretion.(g) A person may petition an agency under § 42-35-6 to promulgate a rule in place of a guidance document.(h) A person may petition an agency to revise or repeal a guidance document. Not later than sixty (60) days after submission of the petition, the agency shall:(1) Revise or repeal the guidance document;(2) Initiate a proceeding to consider a revision or repeal; or(3) Deny the petition in a record and state its reasons for the denial.History of Section.P.L. 2016, ch. 203, § 3; P.L. 2016, ch. 206, § 3.
RI Gen L § 42-35-3 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35 - Administrative Procedures|Section 42-35-3 - Electronic filing of annual reports.

§ 42-35-3. Electronic filing of annual reports.In addition to all other requirements imposed by law, all agencies shall be required to electronically submit their annual reports to the general assembly for posting on the general assembly website in lieu of a printed copy. However, an agency shall produce a printed copy on demand.History of Section.G.L. 1956, § 42-35-3; P.L. 1962, ch. 112, § 1; P.L. 1984, ch. 368, § 1; P.L. 1986, ch. 281, § 3; P.L. 1993, ch. 61, § 1; P.L. 1994, ch. 423, § 1; P.L. 1995, ch. 300, § 1; P.L. 2002, ch. 237, § 1; P.L. 2004, ch. 335, § 1; P.L. 2004, ch. 400, § 1; P.L. 2004, ch. 595, art. 37, § 1; P.L. 2006, ch. 401, § 1; P.L. 2006, ch. 510, § 1; P.L. 2007, ch. 268, § 1; P.L. 2007, ch. 293, § 1; P.L. 2008, ch. 9, art. 18, § 1; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.
RI Gen L § 42-35-3.1 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35 - Administrative Procedures|Section 42-35-3.1 - Repealed.

§ 42-35-3.1. Repealed.History of Section.P.L. 1989, ch. 175, § 1; P.L. 2001, ch. 61, § 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 § 42-35-3.2 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35 - Administrative Procedures|Section 42-35-3.2 - Incorporation by reference.

§ 42-35-3.2. Incorporation by reference.(a) An agency may incorporate the following by reference in its rules without publishing the incorporated material in full:(1) Federal rules, codes, or standards published in full in the Federal Register or the Code of Federal Regulations;(2) Federal rules, codes, or standards that have been properly incorporated by reference in the Federal Register as part of a duly promulgated final rule or in the Code of Federal Regulations pursuant to federal legal requirements;(3) Published codes, standards or guidelines of any nationally recognized scientific or technical association or organization.(b) For the purposes of subdivision (a)(3) of this section, "nationally recognized scientific or technical association or organization" means an association or organization that is regularly in the business of developing scientific or technical standards or guidelines, is recognized by those in the relevant professional community as having a high degree of expertise and competence in its field, and whose publications are widely distributed and easily available throughout the nation and the state of Rhode Island.(c) An agency may incorporate by reference the material set forth in subsection (a) of this section only if the issuing agency, organization, or association makes copies of the material available to the public. An agency may not incorporate any material by reference unless the material has been properly identified in the notice of proposed rule-making pursuant to § 42-35-3.(d) The reference to any incorporated material shall identify the incorporated material by appropriate agency, organization, or association and by date, title, or citation. The reference shall also state that the rule does not include later amendments to or editions of the incorporated material.(e) If an agency proposes to incorporate any material by reference in a state rule, the agency shall maintain a copy of the material and shall allow public inspection of the material and provide copies of any non-copyrighted material to the public at cost upon request beginning no late than the date of publication of the notice of proposed rule-making. If any material to be incorporated by reference has been copyrighted, the agency shall upon request provide information about the publisher and the citation to the material.History of Section.P.L. 2001, ch. 61, § 2.
RI Gen L § 42-35-3.3 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35 - Administrative Procedures|Section 42-35-3.3 - Repealed.

§ 42-35-3.3. Repealed.History of Section.P.L. 2004, ch. 335, § 2; P.L. 2004, ch. 400, § 2; P.L. 2005, ch. 96, § 2; P.L. 2005, ch. 100, § 2; Repealed by P.L. 2012, ch. 89, § 1, effective May 22, 2012; P.L. 2012, ch. 120, § 1, effective May 30, 2012.
RI Gen L § 42-35-3.4 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35 - Administrative Procedures|Section 42-35-3.4 - Repealed.

§ 42-35-3.4. Repealed.History of Section.P.L. 2004, ch. 335, § 2; P.L. 2004, ch. 400, § 2; P.L. 2008, ch. 456, § 1; P.L. 2012, ch. 445, § 2; P.L. 2014, ch. 98, § 1; P.L. 2014, ch. 127, § 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 § 42-35-3.5 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35 - Administrative Procedures|Section 42-35-3.5 - Simultaneous regulatory, licensing, and permitting processes.

§ 42-35-3.5. Simultaneous regulatory, licensing, and permitting processes.(a) Any state agency with regulatory or permitting authority over a business shall not require prior approval of one or more state or municipal agencies before beginning its review and approval process. Such state agencies shall establish a process whereby the agency will conduct a simultaneous review and approval process with the one or more state or municipal agencies. State agencies may require, if applicable, evidence by the business of a preliminary determination by the municipality that the subject proposal is consistent with the applicable municipal zoning ordinances.(b) Nothing in this section shall entitle a business to recoup or recover any costs or fees associated with the simultaneous regulatory or permitting process. If one or more state or municipal agencies fail to approve a permit, license, or regulatory application, thereby influencing the granting of a contingent approval from another municipal or state entity, the business may not recover any associated costs from the agencies involved in the simultaneous review process; provided, that this section shall not affect the ability of a business to recoup or recover costs associated with the licensing, permitting, or application processes allowed under any other chapter.(c) All state agencies shall inform businesses of the possibility that one or more other state agencies may fail to approve a contingent permit, license, or regulatory application, and that the business may not recoup or recover costs associated with one application due to the denial or disapproval of another.History of Section.P.L. 2010, ch. 247, § 2; P.L. 2010, ch. 258, § 2; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.
RI Gen L § 42-35-4.1 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35 - Administrative Procedures|Section 42-35-4.1 - Refiling of rules and regulations.

§ 42-35-4.1. Refiling of rules and regulations.(a) Each agency shall, on or before January 2, 2002, according to a schedule specified by the secretary of state, file with the secretary of state an electronic list of all its lawfully adopted rules which are in force on the date of the filing.(b) Each agency shall give notice thirty (30) days prior to refiling any rule or regulation in order to comply with this section. Each agency shall also give notice, thirty (30) days prior to that agency's due date for refiling, of which rules and regulations it shall not be refiling. The notices shall include a statement of the intended action and a description of the subjects and issues involved. The public notice of the refile shall be provided to all persons who have made timely request of the agency for advance notice of its rulemaking proceedings, and published in a newspaper, or newspapers, having aggregate general circulation throughout the state.(c) Agency compliance with this section shall be coordinated in accordance with a schedule established by the secretary of state for agency refiling of rules.History of Section.P.L. 2001, ch. 61, § 2; P.L. 2002, ch. 237, § 1; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.
RI Gen L § 42-35-4.2 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35 - Administrative Procedures|Section 42-35-4.2 - Periodic refiling of rules and regulations.

§ 42-35-4.2. Periodic refiling of rules and regulations.All rules on file with the secretary of state pursuant to § 42-35-4.1 shall be refiled on the first Tuesday in January 2007 and on the first Tuesday in January of every successive fifth year.History of Section.P.L. 2001, ch. 61, § 2.
RI Gen L § 42-35-5.1 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35 - Administrative Procedures|Section 42-35-5.1 - Rulemaking agenda.

§ 42-35-5.1. Rulemaking agenda.(a) An agency shall maintain a current rulemaking agenda for all pending rulemaking proceedings that are indexed. The agency shall publish on its agency website the current and updated rulemaking agenda. The agency shall provide the secretary of state a copy of each current and updated rulemaking agenda for publication on the secretary of state's website.(b) The agency shall maintain a rulemaking agenda under subsection (a) that must for each pending rulemaking proceeding state or contain:(1) The subject matter of the proposed rule;(2) Notices related to the proposed rule;(3) How comments on the proposed rule may be submitted;(4) The time within which comments may be submitted;(5) Where comments may be inspected;(6) Requests for a public hearing;(7) Appropriate information concerning a public hearing, if any; and(8) The timetable for action on the proposed rule.(c) On request, the agency shall provide, for a reasonable charge, a written, rulemaking docket maintained under subsection (b).History of Section.P.L. 1986, ch. 281, § 6; P.L. 2001, ch. 180, § 102; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.
RI Gen L § 42-35-6 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35 - Administrative Procedures|Section 42-35-6 - Petition for promulgation of rules.

§ 42-35-6. Petition for promulgation of rules.Any person may petition an agency to promulgate a rule. An agency shall prescribe, by rule, the form of the petition and the procedure for its submission, consideration, and disposition. Not later than thirty (30) days after submission of a petition, the agency shall:(1) Deny the petition in a record and state its reasons for the denial; or(2) Initiate rulemaking.History of Section.G.L. 1956, § 42-35-6; P.L. 1962, ch. 112, § 1; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.
RI Gen L § 42-35-6.1 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35 - Administrative Procedures|Section 42-35-6.1 - Variance between proposed and final rule.

§ 42-35-6.1. Variance between proposed and final rule.An agency may not file a rule that differs from the rule proposed in the notice of proposed rulemaking unless the final rule is consistent with, and a logical outgrowth of, the rule proposed in the notice.History of Section.P.L. 2016, ch. 203, § 3; P.L. 2016, ch. 206, § 3.
RI Gen L § 42-35-6.2 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35 - Administrative Procedures|Section 42-35-6.2 - Compliance.

§ 42-35-6.2. Compliance.An action taken under this chapter is not valid unless taken in substantial compliance with this chapter.History of Section.P.L. 2016, ch. 203, § 3; P.L. 2016, ch. 206, § 3.
RI Gen L § 42-35-7 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-35 - Administrative Procedures|Section 42-35-7 - Declaratory judgment on validity or applicability of rules.

§ 42-35-7. Declaratory judgment on validity or applicability of rules.The validity or applicability of any rule may be determined in an action for declaratory judgment in the superior court of Providence County, when it is alleged that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff. The agency shall be made a party to the action. A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question.History of Section.G.L. 1956, § 42-35-7; P.L. 1962, ch. 112, § 1.