reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-30.1 - Uniform Law on Notarial Acts › Section 42-30.1-19. - Validity of notarial acts.

§ 42-30.1-19. Validity of notarial acts.
Except as otherwise provided in § 42-30.1-3(b), the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on the law of this state other than this chapter or law of the United States of America. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts.
History of Section.
P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-30.1 - Uniform Law on Notarial Acts › Section 42-30.1-20. - Fees for authentication of a notary public signature.

§ 42-30.1-20. Fees for authentication of a notary public signature.
A fee of five dollars ($5.00) shall be charged and collected by the office of the secretary of state for the authentication or certification of the signature of a notary public. In any event where the office of the secretary of state shall authenticate or certify the signatures of a notary public upon multiple relevant documents presented simultaneously, and all of which documents pertain to the same matter or transaction and are to be filed at one time, the aggregate fee charged for the authentications or certifications shall be the lesser of the above-referenced fee charged per each authentication or certification, or one hundred fifty dollars ($150).
History of Section.
P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-30.1 - Uniform Law on Notarial Acts › Section 42-30.1-20.1. - Fees to perform notarial acts.

§ 42-30.1-20.1. Fees to perform notarial acts.
(a)
A notary public may charge a fee not to exceed twenty-five dollars ($25.00) per document or notarization. All fees must be disclosed to any person utilizing the services of the notary public prior to performance of the notarial act.
(b)
In performing a notarial act for a remotely located individual pursuant to § 42-30.1-12.1, a notary public may charge a fee not to exceed twenty-five dollars ($25.00) per document or notarization. All fees must be disclosed to any person utilizing the services of the notary public prior to the performance of a notarial act pursuant to § 42-30.1-12.1.
History of Section.
P.L. 2022, ch. 438, § 3, effective June 30, 2022; P.L. 2022, ch. 439, § 3, effective June 30, 2022.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-30.1 - Uniform Law on Notarial Acts › Section 42-30.1-21. - Notary public — Fraud or deceit in office.

§ 42-30.1-21. Notary public — Fraud or deceit in office.
A notary public who, in the exercise of the powers or in the performance of the duties of the office, shall practice any fraud or deceit, the punishment for which is not otherwise provided for by law, shall be guilty of a misdemeanor and fined not more than one thousand dollars ($1,000), or imprisoned not more than one year, or both.
History of Section.
P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-30.1 - Uniform Law on Notarial Acts › Section 42-30.1-22. - Notary public commission effect.

§ 42-30.1-22. Notary public commission effect.
A commission as a notary public in effect on January 1, 2019, continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after January 1, 2019, is subject to and shall comply with this chapter. A notary public, in performing notarial acts after January 1, 2019, shall comply with this chapter.
History of Section.
P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-30.1 - Uniform Law on Notarial Acts › Section 42-30.1-23. - Savings clause.

§ 42-30.1-23. Savings clause.
This chapter does not affect the validity or effect of a notarial act performed before January 1, 2019.
History of Section.
P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-30.1 - Uniform Law on Notarial Acts › Section 42-30.1-24. - Relation to electronic signatures in global and national commerce act.

§ 42-30.1-24. Relation to electronic signatures in global and national commerce act.
This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. § 7003(b).
History of Section.
P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-31 - Commissioners › Section 42-31-1. - Appointment of commissioners.

§ 42-31-1. Appointment of commissioners.
The governor may appoint, in any foreign country, and in any state of the United States, and in any territory of the United States and in the District of Columbia, one or more commissioners, under the seal of the state, to continue in office for the period of five (5) years.
History of Section.
G.L. 1896, ch. 18, § 2; G.L. 1909, ch. 24, § 2; G.L. 1923, ch. 23, § 2; G.L. 1938, ch. 492, § 2; G.L. 1956, § 42-31-1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-31 - Commissioners › Section 42-31-2. - Oath of office.

§ 42-31-2. Oath of office.
Before any commissioner shall perform any duty of his or her office, he or she shall take and subscribe an oath before some officer authorized to administer oaths in the state, country or territory, or District of Columbia, for which the commissioner is appointed, that he or she will faithfully discharge all the duties of his or her office; a certificate of which shall be filed in the office of the secretary of state of this state within six (6) months after the taking of the oath.
History of Section.
G.L. 1896, ch. 18, § 3; G.L. 1909, ch. 24, § 3; G.L. 1923, ch. 23, § 3; G.L. 1938, ch. 492, § 3; G.L. 1956, § 42-31-2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-31 - Commissioners › Section 42-31-3. - Powers of commissioners.

§ 42-31-3. Powers of commissioners.
The commissioners may administer oaths and take depositions and affidavits to be used in this state; and may also take the acknowledgment of any deed or other instrument to be used or recorded in this state.
History of Section.
G.L. 1896, ch. 18, § 4; G.L. 1909, ch. 24, § 4; G.L. 1923, ch. 23, § 4; G.L. 1938, ch. 492, § 4; G.L. 1956, § 42-31-3.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-31 - Commissioners › Section 42-31-4. - Effectiveness of acts of commissioners.

§ 42-31-4. Effectiveness of acts of commissioners.
All oaths administered by commissioners, and all affidavits and depositions taken by them, and all acknowledgments aforesaid certified by them, shall be as effectual in law, to all intents and purposes, as if certified by any judge, justice of the peace, or notary public, within this state.
History of Section.
G.L. 1896, ch. 18, § 5; G.L. 1909, ch. 24, § 5; G.L. 1923, ch. 23, § 5; G.L. 1938, ch. 492, § 5; G.L. 1956, § 42-31-4.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-32 - Science and Research Council › Section 42-32-1. - Creation of science and research council.

§ 42-32-1. Creation of science and research council.
(a)
There is hereby created within the executive department a special agency to be known as the science and research council of Rhode Island, consisting of eighteen (18) members, fifteen (15) of whom shall be appointed by the governor as follows: two (2) each from the faculties of Brown University, Providence College and the University of Rhode Island, three (3) qualified electors of the state who shall possess an interest in research, six (6) from scientific, industrial, and/or public or private research establishments located within the state, and the presidents of Brown University, Providence College and the University of Rhode Island, ex officio. The governor shall designate the chairman of the council.
(b)
Vacancies occurring on the council shall be filled by the governor in like manner as the original appointments.
History of Section.
P.L. 1958, ch. 74, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-32 - Science and Research Council › Section 42-32-2. - Duties of council.

§ 42-32-2. Duties of council.
It shall be the duty of the science and research council:
(1)
To promote Rhode Island as a center for scientific research;
(2)
To promote industrial research and research related to state institutions and health programs;
(3)
To study and explore the areas in which government may expand its research facilities;
(4)
To promote the utilization of available scientific facilities and personnel;
(5)
To receive and administer research funds when made available by public or private sources and to plan for their use; provided, however, that any disbursement of one thousand dollars ($1,000) or more by the council shall be made only on the approval of the governor or his or her designated agent;
(6)
To formulate potential research projects;
(7)
To provide facilities and liaison with federal research agencies;
(8)
To cooperate with all institutions in this state for the purpose of developing and coordinating scientific research; and
(9)
To advise the governor and the general assembly from time to time as to the status of scientific research in the state of Rhode Island and to make any recommendations as it may deem necessary.
History of Section.
P.L. 1958, ch. 74, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-32 - Science and Research Council › Section 42-32-3. - Employees — Executive committee.

§ 42-32-3. Employees — Executive committee.
The science and research council shall have the power to engage an executive director and such other clerical and secretarial assistance as it shall deem necessary. The council may elect from among its members an executive committee and such other committee or committees as it shall deem necessary to properly carry out its functions hereunder.
History of Section.
P.L. 1958, ch. 74, § 3.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-32 - Science and Research Council › Section 42-32-4. - Travel expenses.

§ 42-32-4. Travel expenses.
The members of the science and research council shall receive no compensation for their services but shall be allowed their travel and necessary expenses.
History of Section.
P.L. 1958, ch. 74, § 4.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-32 - Science and Research Council › Section 42-32-5. - Annual appropriation.

§ 42-32-5. Annual appropriation.
The general assembly shall annually appropriate, out of any money in the treasury not otherwise appropriated, a sum sufficient to carry out the purposes of this chapter; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum or so much thereof as may be required from time to time, upon the receipt by him or her of properly authenticated vouchers.
History of Section.
P.L. 1958, ch. 74, § 5.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-34 - Industrial-Recreational Building Authority › Section 42-34-1. - Creation of authority.

§ 42-34-1. Creation of authority.
There is hereby created the Rhode Island industrial-recreational building authority.
History of Section.
P.L. 1958, ch. 91, § 2; P.L. 1987, ch. 537, § 3.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-34 - Industrial-Recreational Building Authority › Section 42-34-3. - Credit of state pledged.

§ 42-34-3. Credit of state pledged.
The Rhode Island industrial-recreational building authority is authorized to insure the payment of mortgage loans secured by industrial-recreational projects, and to this end the faith and credit of the state is hereby pledged, consistent with the terms and limitations of the terms of this chapter.
History of Section.
P.L. 1958, ch. 91, § 4; P.L. 1987, ch. 537, § 3.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-34 - Industrial-Recreational Building Authority › Section 42-34-5. - Manager.

§ 42-34-5. Manager.
(a)
The manager shall be appointed by the authority and his or her tenure of office shall be at the pleasure of the authority. He or she shall be in the unclassified service.
(b)
The manager shall be the chief administrative officer for the authority and as such shall direct and supervise the administrative affairs and technical activities of the authority in accordance with rules, regulations, and policies set forth by the authority. It shall be the duty of the manager among other things:
(1)
To attend all meetings of the authority, and to act as its secretary and keep minutes of all its proceedings.
(2)
To approve all accounts for salaries, per diems, allowable expenses of the authority or of any employee or consultant thereof, and expenses incidental to the operation of the authority.
(3)
To maintain a close liaison with the department of economic development and provide assistance to the various divisions of the department to facilitate the planning and financing of industrial and/or recreational projects.
(4)
To make recommendations and reports in cooperation with the department of economic development to the authority on the merits of any proposed industrial and/or recreational project, on the status of local industrial and/or recreational development corporations, and on meritorious industrial and/or recreational locations.
(5)
To perform such other duties as may be directed by the authority in the carrying out of the purposes of this chapter.
History of Section.
P.L. 1958, ch. 91, § 6; P.L. 1977, ch. 78, § 5; P.L. 1987, ch. 537, § 3.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-34 - Industrial-Recreational Building Authority › Section 42-34-8. - Permission to lease or rent property after default.

§ 42-34-8. Permission to lease or rent property after default.
When a local development corporation or project owner does not meet mortgage payments insured by the authority by reason of vacancy of its industrial and/or recreational project, the authority, for the purpose of maintaining income from industrial and/or recreational projects on which mortgage payments have been insured by the authority and for the purpose of safeguarding the mortgage insurance fund, may grant the local development corporation or project owner permission to lease or rent the property to a tenant for a use other than that specified in § 42-34-6(3), such lease or rental to be subject to such conditions as the authority may prescribe. The foregoing provisions shall be in addition to any other provisions contained in this chapter empowering the authority to act in the event of a default.
History of Section.
P.L. 1958, ch. 91, § 9; P.L. 1975, ch. 170, § 7; P.L. 1977, ch. 78, § 7; P.L. 1986, ch. 245, § 2; P.L. 1987, ch. 537, § 3.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-34 - Industrial-Recreational Building Authority › Section 42-34-9. - Mortgage insurance fund: Subrogation.

§ 42-34-9. Mortgage insurance fund: Subrogation.
(a)
There is hereby created an industrial building mortgage insurance fund, hereinafter in this chapter referred to as the “fund” which shall be used by the authority as a nonlapsing, revolving fund for carrying out the provisions of this chapter. To this fund shall be charged any and all expenses of the authority, including mortgage payments required by loan defaults, and to the fund shall be credited all receipts of the authority, including mortgage insurance premiums and proceeds from the sale, disposal, lease, or rental of personal property which the authority may receive under the provisions of this chapter.
(b)
Moneys in the fund not needed currently to meet the expenses and obligations of the authority shall be deposited with the general treasurer to the credit of the fund, or may be invested in such manner as is provided for by statute.
(c)
The authority shall become subrogated to the extent that mortgage payments have been paid by the authority to the mortgagee of an insured mortgage notwithstanding that the authority has not paid all of the mortgage payments under the mortgage, and the authority shall have the right to bring a separate cause of action by way of subrogation with respect to each mortgage payment which it has paid to the mortgagee. All recoveries by way of subrogation shall be credited to the fund as provided in subsection (a).
History of Section.
P.L. 1958, ch. 91, § 10; P.L. 1975, ch. 170, § 8; 1977, ch. 78, § 8.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-34 - Industrial-Recreational Building Authority › Section 42-34-10. - Insurance of mortgages.

§ 42-34-10. Insurance of mortgages.
(a)
The authority is authorized, upon application of the proposed mortgagee, to insure mortgage payments required by a mortgage on any industrial and/or recreational project, upon such terms and conditions as the authority may prescribe, provided the aggregate amount of the unpaid principal balance of all obligations of all mortgages so insured outstanding at any one time shall not exceed eighty million dollars ($80,000,000).
(b)
To be eligible for insurance under the provisions of this chapter a mortgage shall:
(1)
Be one which is made to and held by a mortgagee approved by the authority;
(2)
Involve a principal obligation, including initial service charges and appraisal, inspection and other fees approved by the authority, not to exceed five million dollars ($5,000,000) for any one project and not to exceed ninety percent (90%) of the cost of any project described in § 42-34-6(3)(a) and not to exceed eighty percent (80%) of the cost of any project described in § 42-34-6(3)(b), and not to exceed seventy-five percent (75%) of the cost of any project described in § 42-34-6(4);
(3)
Have a maturity date satisfactory to the authority but in no case later than twenty-five (25) years from the date of the mortgage for any project described in § 42-34-6(3)(a) and (4) and twenty (20) years from the date of the mortgage for any project described in § 42-34-6(3)(b);
(4)
Contain complete amortization provisions satisfactory to the authority requiring periodic payments, costs of local property taxes and assessments, land lease rentals, if any, and hazard insurance on the property and such mortgage insurance premiums as are required under § 42-34-11, all as the authority shall from time to time prescribe or approve;
(5)
Be in such form and contain such terms and provisions, with respect to property, insurance, repairs, alterations, payment of taxes and assessments, restrictions as to location of machinery and equipment, default reserves, delinquency charges, default remedies, anticipation of maturity, additional and secondary liens, and other matters as the authority may prescribe. No mortgage for any project described in § 42-34-6(4) shall be insured under the provisions of this chapter unless the authority shall have made affirmative determinations in accordance with subdivisions (15) and (16) of § 42-34-7.
History of Section.
P.L. 1958, ch. 191, § 11; P.L. 1960, ch. 21, § 4; P.L. 1964, ch. 70, § 5; P.L. 1966, ch. 234, § 6; P.L. 1973, ch. 99, § 6; P.L. 1986, ch. 245, § 2; P.L. 1987, ch. 537, § 3; P.L. 2007, ch. 340, § 34.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-34 - Industrial-Recreational Building Authority › Section 42-34-11. - Mortgage insurance premiums.

§ 42-34-11. Mortgage insurance premiums.
The authority is authorized to fix mortgage insurance premiums for the insurance of mortgage payments under the provisions of this chapter, such premiums to be computed as a percentage, which shall not exceed three percent (3%) per annum, of the principal obligation of the mortgage in such manner in each case as the authority shall determine on the basis of all pertinent available data. The premiums shall be payable by the mortgagors or the mortgagees in such manner as shall be prescribed by the authority. The amount of premium need not be uniform among the various loans insured.
History of Section.
P.L. 1958, ch. 91, § 12; P.L. 1960, ch. 21, § 5.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-34 - Industrial-Recreational Building Authority › Section 42-34-12. - Authority’s expenses.

§ 42-34-12. Authority’s expenses.
The authority may in its discretion expend out of the fund such moneys as may be necessary for any expenses of the authority, including administrative, legal, actuarial, and other services.
History of Section.
P.L. 1958, ch. 91, § 13.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-34 - Industrial-Recreational Building Authority › Section 42-34-13. - Mortgages eligible for investment.

§ 42-34-13. Mortgages eligible for investment.
Mortgages insured by the authority under this chapter and participations therein are hereby made legal investments for all public officers and bodies of this state and all municipalities and municipal subdivisions, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all credit unions, all administrators, guardians, executors, trustees, conservators, and other fiduciaries, pension, profit-sharing and retirement funds and all other persons whatsoever who are now or may hereafter be authorized to invest in obligations of the state, may properly and legally invest funds, including capital, in their control or belonging to them.
History of Section.
P.L. 1958, ch. 91, § 14; P.L. 1977, ch. 78, § 9.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-34 - Industrial-Recreational Building Authority › Section 42-34-14. - Record of accounts.

§ 42-34-14. Record of accounts.
The authority shall keep proper records of accounts and shall make an annual report of its condition to the state banking commissioner.
History of Section.
P.L. 1958, ch. 91, § 15.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-34 - Industrial-Recreational Building Authority › Section 42-34-15.1. - Agreement of state.

§ 42-34-15.1. Agreement of state.
The state of Rhode Island does hereby pledge to and agree with the mortgagees holding mortgage insurance issued by the authority under this chapter that the state of Rhode Island will not limit or alter the rights hereby vested in the authority to fulfill the terms of any agreements made with the mortgagees relating to that mortgage insurance until the agreements have been performed in full.
History of Section.
G.L. 1956, § 42-34-15.1; P.L. 1975, ch. 170, § 9.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-34 - Industrial-Recreational Building Authority › Section 42-34-16. - Interest of members of authority.

§ 42-34-16. Interest of members of authority.
No member of the authority shall participate in any decision on any contract of insurance in which he or she has any interests, direct or indirect, in any firm, partnership, corporation, or association which would be the mortgagee, whose loan to a local development corporation is insured by the authority, or if he or she has any interest, direct or indirect, in any firm, partnership, corporation, or association which would rent, lease, or otherwise occupy the premises constructed by the local development corporation where the corporation’s mortgage is insured by the authority, or if he or she is a director or officer or otherwise associated with the local development corporation whose mortgage is insured by the authority.
History of Section.
P.L. 1958, ch. 91, § 17.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-34 - Industrial-Recreational Building Authority › Section 42-34-17. - Severability.

§ 42-34-17. Severability.
The provisions of this chapter are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of that court shall not affect or impair any of the remaining provisions.
History of Section.
P.L. 1958, ch. 91, § 19.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-34 - Industrial-Recreational Building Authority › Section 42-34-18. - Appropriations.

§ 42-34-18. Appropriations.
For the purpose of establishing the mortgage insurance fund and carrying out the intent of this chapter and the provisions thereof, the general assembly annually shall appropriate out of any money in the treasury not otherwise appropriated, such sums as it may deem necessary not to exceed the sum of one hundred thousand dollars ($100,000) each year. Any unexpended balance of any or all such appropriations shall be carried forward to succeeding fiscal years for the purposes aforesaid. The state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of the sums or so much thereof as shall be required from time to time upon receipt by him or her of vouchers approved by the authority.
History of Section.
P.L. 1958, ch. 91, § 18; P.L. 1960, ch. 21, § 6.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35 - Administrative Procedures › Section 42-35-1.1. - Applicability.

§ 42-35-1.1. Applicability.
(a)
This chapter applies to an agency unless the agency is exempted by Rhode Island general laws.
(b)
This chapter applies to all agency proceedings and all proceedings for judicial review or civil enforcement of agency action commenced after the effective date of this chapter [June 29, 2016]. This chapter does not apply to any contested case for which notice was given before that date and rulemaking for which notice was given or a petition was filed before that date, for which all prior laws in effect at the time shall apply.
History of Section.
P.L. 1994, ch. 70, art. 2, § 8; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35 - Administrative Procedures › Section 42-35-2. - Required agency publication and recordkeeping.

§ 42-35-2. Required agency publication and recordkeeping.
(a)
An agency shall:
(1)
Publish and make available for public inspection a description of its organization, stating the general course and method of its operations and the methods by which the public may obtain information or make submissions or requests;
(2)
Publish and make available for public inspection a description of all procedures, including a description of all forms and instructions used by the agency;
(3)
Publish and make available for public inspection a description of the process for application for a license, available benefits, or other matters for which an application is appropriate on its agency website, unless the process is prescribed by law other than this chapter;
(4)
Publish rules for the conduct of public hearings, and make available these rules for public inspection;
(5)
Maintain and make available for public inspection the agency’s current rulemaking agenda required by § 42-35-5.1; and
(6)
Maintain and publish a separate, current, and dated index and compilation of all final rules filed with the secretary of state, make the index and compilation available for public inspection and, for a reasonable charge, copying at the principal office of the agency; update the index and compilation at least monthly; and file the index and the compilation and all changes to both with the secretary of state.
(b)
All documents required by this section must be published on the agency’s website by December 31, 2018, and maintained on the website thereafter.
History of Section.
G.L. 1956, § 42-35-2; P.L. 1962, ch. 112, § 1; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35 - Administrative Procedures › Section 42-35-2.1. - Rules coordinator.

§ 42-35-2.1. Rules coordinator.
Each agency shall, by January 2, 2002, designate a rules coordinator, who shall have knowledge of the subjects of rules being proposed, maintain the records of any rules action including the rulemaking file required by § 42-35-2.3, and respond to public inquiries about proposed rules and the identity of agency personnel working, reviewing, or commenting on them. The office and mailing address of the rules coordinator shall be published in the state register at the time of designation and in the first issue of each calendar year thereafter for the duration of the designation. The rules coordinator may be an employee of another agency. Nothing in this section shall be construed to explicitly or implicitly permit the hiring of any additional personnel to perform the duties and responsibilities of the rules coordinator designated in this section.
History of Section.
P.L. 2001, ch. 61, § 2; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35 - Administrative Procedures › Section 42-35-2.2. - Publication — Agency duties.

§ 42-35-2.2. Publication — Agency duties.
(a)
Unless the record is exempt from disclosure under law of this state other than this chapter, an agency shall publish and make available for public inspection, and on request and for a reasonable charge, make available through regular or electronic mail:
(1)
Each notice of a proposed rulemaking under § 42-35-2.7;
(2)
Each rule filed under this chapter;
(3)
Each summary of regulatory analysis required by § 42-35-2.9;
(4)
Each declaratory order issued under § 42-35-8;
(5)
The index of declaratory orders prepared under § 42-35-8;
(6)
Each guidance document issued under § 42-35-2.12;
(7)
The index of currently effective guidance documents prepared under § 42-35-2.12;
(8)
Each final order in a contested case issued under § 42-35-12.
(b)
All documents in this section must be published on the agency website by December 31, 2018, and maintained on the website thereafter.
(c)
An agency shall file with the secretary of state, in a format acceptable to the secretary of state:
(1)
Notice of a proposed rulemaking;
(2)
A summary of the regulatory analysis required by § 42-35-2.9 for each proposed rule;
(3)
Each final rule;
(4)
An index of currently effective guidance documents under § 42-35-2.12; and
(5)
Any other notice or matter that an agency is required to publish under this chapter.
History of Section.
P.L. 2001, ch. 61, § 2; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35 - Administrative Procedures › Section 42-35-2.4. - Electronic filing.

§ 42-35-2.4. Electronic filing.
In addition to all other requirements imposed by law, all agencies and authorities (as defined in this chapter) 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 or authority shall produce a printed copy on demand.
History of Section.
P.L. 2005, ch. 222, § 1; P.L. 2005, ch. 233, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35 - Administrative Procedures › Section 42-35-2.5. - Advance notice of proposed rulemaking.

§ 42-35-2.5. Advance notice of proposed rulemaking.
(a)
An agency may gather information relevant to the subject matter of a potential rulemaking proceeding and may solicit comments and recommendations from the public by publishing an advance notice of proposed rulemaking in the state register and on its agency website, and indicating where, when, and how persons may comment before the rulemaking process begins.
(b)
An agency may create a committee or workshop to comment or make recommendations on the subject matter of a proposed rulemaking under active consideration within the agency. In making appointments to the committee, the agency shall make reasonable efforts to establish a balance in representation among members of the public known to have an interest in the subject matter of the proposed rulemaking. At least annually, the agency shall publish in the state register a list of all committees with their membership. Notice of a meeting of the committee must be published in the state register and on its agency website at least fifteen (15) calendar days before the meeting. Any meeting, as defined in § 42-46-2, held under this subsection is open to the public and subject to the open meetings chapter pursuant to chapter 46 of title 42.
(c)
If a committee is appointed under subsection (b), it shall attempt to reach a consensus on the terms or substance of a proposed rule in consultation with one or more agency representatives. The committee shall present the consensus recommendation, if any, to the agency. The agency shall consider whether to use it as the basis for a proposed rule under this chapter, but the agency is not required to use the recommendation.
(d)
This section does not prohibit an agency from obtaining information and opinions from members of the public on the subject of a proposed rule by any other method or procedure.
History of Section.
P.L. 2009, ch. 359, § 1; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35 - Administrative Procedures › Section 42-35-2.6. - Concise explanatory statement.

§ 42-35-2.6. Concise explanatory statement.
At the time an agency files the final rule with the secretary of state, the agency shall issue a concise, explanatory statement, in a form prescribed by the secretary of state, which contains:
(1)
The agency’s reasons for creation of the rule, including the agency’s reasons for not accepting arguments made in testimony and comments;
(2)
Subject to § 42-35-6.1, the reasons for any change between the text of the proposed rule contained in the notice of proposed rulemaking and the text of the final rule; and
(3)
Any regulatory analysis prepared under § 42-35-2.9.
History of Section.
P.L. 2016, ch. 203, § 3; P.L. 2016, ch. 206, § 3.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.