reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-70 - Telecommunications › Section 5-70-22. - Authority of director to assess penalty.

§ 5-70-22. Authority of director to assess penalty.
(a)
The director may assess an administrative penalty on any person, firm, or corporation for any violation of the provisions of this chapter, after notice and hearing, before and upon the recommendation of the board of examination and licensing of telecommunications system contractors, technicians, and installers in the amount of not more than five hundred dollars ($500) for the first offense and not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for each subsequent offense; provided, that the director of labor and training may revoke any telecommunication license for a failure to pay any fine recommended by the board and approved by the director of labor and training within thirty (30) days. Each individual person acting in violation of the provisions of this chapter shall constitute a separate offense to any person, firm, or corporation assessed a penalty under this section.
(b)
A copy of the order shall be immediately served upon the licensee personally or by registered or certified mail. The order of the board shall be final unless the licensee so charged or complainant shall within twenty (20) days after receipt of the order file with the director of labor and training an appeal. The appeal will be determined by the director or his or her designee. The director may accept or reject, in whole or in part, the recommended order of the board. The order of the director shall be final, subject to review by the courts under the administrative procedures act, chapter 35 of title 42, and a copy of the order shall be immediately served upon the person, firm, or corporation assessed.
History of Section.
P.L. 1997, ch. 340, § 2; P.L. 1999, ch. 175, § 1; P.L. 2017, ch. 407, § 4; P.L. 2017, ch. 432, § 4.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-71 - Licensure of Interpreters for the Deaf › Section 5-71-1. - Short title.

§ 5-71-1. Short title.
This chapter shall be known and may be cited as the “Licensure of Interpreters for the Deaf Act.”
History of Section.
P.L. 1996, ch. 151, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-71 - Licensure of Interpreters for the Deaf › Section 5-71-2. - Declaration of policy and statement of purpose.

§ 5-71-2. Declaration of policy and statement of purpose.
(a)
It is declared the policy of the state that the practice of interpreting and the practice of transliterating affects, including, but not limited to, the public health, safety, welfare, civic, economic, social, academic, and recreational aspects of life, and shall be subject to licensure and regulation in the public’s interest. It is further declared that:
(1)
Individuals who are deaf, deaf-blind, hard of hearing, or other individuals with disabilities whose primary language is sign language have a civil right to effective communication;
(2)
Consumers and those with whom they communicate require, and are entitled to, competent, reliable interpreting services, and that the availability of competent, reliable, credentialed interpreting services is necessary for consumers to realize their right to full and equal participation in society.
(b)
A purpose of this chapter is to provide minimum qualifications for interpreters and to ensure the health, safety, and welfare of the public.
History of Section.
P.L. 1996, ch. 151, § 1; P.L. 2006, ch. 261, § 1; P.L. 2006, ch. 277, § 1; P.L. 2015, ch. 164, § 2; P.L. 2015, ch. 188, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-71 - Licensure of Interpreters for the Deaf › Section 5-71-4. - Board of examiners — Creation — Compensation — Appointment, terms, and qualifications of members.

§ 5-71-4. Board of examiners — Creation — Compensation — Appointment, terms, and qualifications of members.
(a)
There shall exist within the state department of health a board of examiners of interpreters for the deaf. The board shall consist of five (5) persons who shall be residents of the state of Rhode Island for at least two (2) years prior to their appointments: three (3) nationally certified interpreters, and two (2) consumers.
(b)
All appointments made under this section shall be made by the governor with the advice and consent of the senate. In making appointments to the board, the governor shall give consideration to recommendations made by the commission on the deaf and hard-of-hearing established pursuant to § 23-1.8-1. All members shall serve terms of three (3) years. Members shall serve until the expiration of the term for which they have been appointed or until their successor is appointed. No person shall be appointed to serve more than two (2) consecutive terms. When a vacancy upon the board occurs, a replacement shall be appointed for the remainder of that term as prescribed in this section.
(c)
The board shall reorganize annually during the month of December and shall elect a chairperson and vice chairperson for the subsequent calendar year. The board may elect from among its members such other officers as it deems necessary.
(d)
Three (3) members of the board shall constitute a quorum to do business. A majority vote of those present shall be required for action.
(e)
Members of the board shall be removable by the governor pursuant to the provisions of § 36-1-7 and for cause only, and removal solely for partisan or personal reasons unrelated to capacity or fitness for the office shall be unlawful.
History of Section.
P.L. 1996, ch. 151, § 1; P.L. 2001, ch. 180, § 4; P.L. 2006, ch. 14, § 1; P.L. 2006, ch. 16, § 1; P.L. 2011, ch. 160, § 1; P.L. 2011, ch. 169, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-71 - Licensure of Interpreters for the Deaf › Section 5-71-6. - Board of examiners — Seal — Authentication of records.

§ 5-71-6. Board of examiners — Seal — Authentication of records.
The board shall adopt the state seal by which it shall authenticate its proceedings. Copies of the proceedings, records, and acts of the board, and certificates purporting to relate the facts concerning those proceedings, records, and acts, signed by the secretary and authenticated by that seal, shall be evidence in all courts of this state.
History of Section.
P.L. 1996, ch. 151, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-71 - Licensure of Interpreters for the Deaf › Section 5-71-7. - Disposition of moneys received.

§ 5-71-7. Disposition of moneys received.
All moneys received by the board shall be deposited in the treasury of the state.
History of Section.
P.L. 1996, ch. 151, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-71 - Licensure of Interpreters for the Deaf › Section 5-71-8. - Qualifications of applicants for licenses.

§ 5-71-8. Qualifications of applicants for licenses.
(a)
To be eligible for licensure by the board as an interpreter for the deaf or transliterator, the applicant must submit written evidence on forms furnished by the department that the applicant meets all of the following requirements:
(1)
Is of good moral character;
(2)
Meets the screened requirements as defined in regulations promulgated by the department or meets the certification requirements set forth by RID or its successor agency approved by the department in consultation with the board;
(3)
Pays the department a license fee as set forth in § 23-1-54;
(4)
Adheres to the National Association of the Deaf (NAD) and the Registry of Interpreters for the Deaf, Inc. (RID) code of professional conduct; and
(5)
Provides verification of a background check with the bureau of criminal investigation in the office of attorney general at the time of the initial application for license.
(b)
To be eligible for licensure by the board as an educational interpreter for the deaf, the applicant must meet all of the requirements as described in subsection (a) and must further present proof of successful completion of the educational interpreter performance assessment (EIPA), written and performance tests, or a similar test as approved by the board, at a performance level established by the board.
(c)
An individual whose license, certification, permit, or equivalent form of permission issued within another state has been revoked, suspended, or currently placed on probation shall not be eligible for consideration for licensure unless they have first disclosed to the department about such disciplinary actions.
History of Section.
P.L. 1996, ch. 151, § 1; P.L. 2001, ch. 77, art. 14, § 27; P.L. 2006, ch. 261, § 1; P.L. 2006, ch. 277, § 1; P.L. 2007, ch. 73, art. 39, § 24; P.L. 2011, ch. 160, § 1; P.L. 2011, ch. 169, § 1; P.L. 2012, ch. 241, art. 9, § 28; P.L. 2015, ch. 164, § 2; P.L. 2015, ch. 188, § 2; P.L. 2016, ch. 511, art. 1, § 4; P.L. 2022, ch. 231, art. 3, § 5, effective June 27, 2022.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-71 - Licensure of Interpreters for the Deaf › Section 5-71-10. - Endorsement.

§ 5-71-10. Endorsement.
The department in consultation with the board shall promulgate regulations providing for a procedure for waiver of the requirements of § 5-71-9 for applicants who hold a valid license, certificate, or equivalent issued within another state; provided, that the requirements under which that license, certificate, or equivalent was issued, meet or exceed the standards required by this chapter.
History of Section.
P.L. 1996, ch. 151, § 1; P.L. 2006, ch. 261, § 1; P.L. 2006, ch. 277, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-71 - Licensure of Interpreters for the Deaf › Section 5-71-13. - Grounds for suspension or revocation of licenses.

§ 5-71-13. Grounds for suspension or revocation of licenses.
(a)
The board may recommend to the director of the department of health the issuance, renewal, or revocation of a license, or suspension, placement on probation, censure or reprimand a licensee, or any other disciplinary action that the board may deem appropriate, for conduct that may result from, but not necessarily be limited to:
(1)
Obtaining his or her license by means of fraud, misrepresentation, or concealment of material facts;
(2)
Being guilty of fraud, misrepresentation, concealment, or material misstatement of facts or deceit in connection with his or her services rendered as an interpreter;
(3)
Being guilty of unprofessional conduct as defined by the rules established by the department in consultation with the board, and/or violating any standard of professional or ethical conduct adopted by the National Registry of Interpreters for the Deaf;
(4)
Violating the continuing education requirements of this chapter, as defined in § 5-71-9(e), and rules and regulations as promulgated by the department;
(5)
Violating any lawful order, or any provision of this chapter or of the rules or regulations promulgated in this chapter;
(6)
Aiding or assisting another person in violating any provision of this chapter or any rule or regulation adopted under this chapter;
(7)
Departure from or failure to conform to the current standards of acceptable and prevailing practice of interpreting.
(b)
Working under a license that is expired or on inactive status, working under a license when certification is expired or on inactive status, and practicing interpreting without being exempt under § 5-71-10 shall be considered to be practicing without a license.
(c)
The department shall respond to all recommendations from the board under this section within thirty (30) calendar days.
History of Section.
P.L. 1996, ch. 151, § 1; P.L. 2006, ch. 261, § 1; P.L. 2006, ch. 277, § 1; P.L. 2011, ch. 160, § 1; P.L. 2011, ch. 169, § 1; P.L. 2015, ch. 164, § 2; P.L. 2015, ch. 188, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-71 - Licensure of Interpreters for the Deaf › Section 5-71-14. - [Repealed.]

§ 5-71-14. [Repealed.]
History of Section.
P.L. 1996, ch. 151, § 1; Repealed by P.L. 2006, ch. 261, § 3, effective July 3, 2006; P.L. 2006, ch. 277, § 3, effective July 3, 2006.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-71 - Licensure of Interpreters for the Deaf › Section 5-71-15. - Persons and practices exempted.

§ 5-71-15. Persons and practices exempted.
The provisions of this chapter do not apply to:
(1)
Any certified interpreter and any certified deaf interpreter working as an interpreter in court.
(2)
Certified interpreters and certified deaf interpreters performing as volunteers without compensation.
(3)
Certified interpreters and any certified deaf interpreters performing in an emergency as defined in § 5-71-3(9) and as set forth in regulations promulgated by the department.
(4)
Nonlicensed individuals who are certified members of the Registry of Interpreters for the Deaf, Inc. (RID), its successor agency, or other agency as approved by the department in consultation with the board, who may provide services for a maximum of twenty-five (25) hours per calendar year.
History of Section.
P.L. 1996, ch. 151, § 1; P.L. 1999, ch. 100, § 1; P.L. 1999, ch. 242, § 1; P.L. 2006, ch. 261, § 1; P.L. 2006, ch. 277, § 1; P.L. 2011, ch. 160, § 1; P.L. 2011, ch. 169, § 1; P.L. 2015, ch. 164, § 2; P.L. 2015, ch. 188, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-71 - Licensure of Interpreters for the Deaf › Section 5-71-16. - Relationship to other civil rights laws.

§ 5-71-16. Relationship to other civil rights laws.
(a)
This chapter does not limit or qualify the rights of employees with disabilities nor consumers, including, but not limited to, interpreter services, or the duties of providers to provide accommodations, auxiliary aids, or services, pursuant to 42 U.S.C. § 12201 et seq., 29 U.S.C. § 794, R.I. Const. Art. I, § 2; chapter 87 of title 42; chapter 24 of title 11; chapter 5 of title 28; § 42-46-13; § 8-5-8; § 9-9-1.2; or other applicable federal or state law.
(b)
The obligations of these cited federal or state civil rights laws include, but are not limited to:
(1)
A state and local governmental agency’s taking appropriate steps to ensure that communications with applicants, participants, employees, and members of the public with disabilities are as effective as communications with others. State and local governmental agencies shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by a state or local governmental agency and shall include the use of certified deaf interpreters in legal proceedings. In determining what type of auxiliary aid or service is necessary, a state or local governmental agency shall give primary consideration to the requests of the individual;
(2)
A public accommodation taking those steps that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated, or treated differently than other individuals because of the absence of auxiliary aids and services, unless the public accommodations can demonstrate that taking those steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or would result in an undue burden, i.e., significant difficulty or expense. A public accommodation shall furnish appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities; and
(3)
An employer and/or employment agency making reasonable accommodations, including the provision of interpreters, for their employees with disabilities where necessary to ensure effective communication with individuals with disabilities.
History of Section.
P.L. 1996, ch. 151, § 1; P.L. 2015, ch. 164, § 2; P.L. 2015, ch. 188, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-71 - Licensure of Interpreters for the Deaf › Section 5-71-17. - Severability.

§ 5-71-17. Severability.
If any provision of this chapter or of any rule or regulation made under this chapter, or the application of this chapter to any person or circumstances, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, or regulation, and the application of that provision to other persons or circumstances, shall not be affected thereby.
History of Section.
P.L. 1996, ch. 151, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-71 - Licensure of Interpreters for the Deaf › Section 5-71-18. - Privileged communications.

§ 5-71-18. Privileged communications.
In the trial of every cause, both civil and criminal, no licensed interpreter shall be competent to testify concerning any statement made to him or her in connection with the interpreter’s interpretation or transliteration without the consent of the person making the statement. No duly licensed interpreter shall be allowed, in giving testimony, to disclose any confidential communication properly entrusted to him or her in his or her professional capacity and necessary and proper to enable him or her to discharge the functions of his or her office in the usual course of practice or discipline without the consent of the person making the communication.
History of Section.
P.L. 2006, ch. 261, § 2; P.L. 2006, ch. 277, § 2; P.L. 2015, ch. 164, § 2; P.L. 2015, ch. 188, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-72 - Town of Johnston — Nudity on Premises Where Alcoholic Beverages Are Offered for Sale or Consumption › Section 5-72-1. - General provisions.

§ 5-72-1. General provisions.
It shall be unlawful of any person maintaining, owning, or operating a commercial establishment located within the town of Johnston, at which alcoholic beverages are offered for sale or consumption on the premises, to, without a license pursuant to § 5-72-2:
(1)
Suffer or permit any female person, while on the premises of the commercial establishment, to expose to the public view that area of the human breast at or below the areola.
(2)
Suffer or permit any female person, while on the premises of the commercial establishment to employ any device or covering that is intended to give the appearance of or simulate the portions of the human female breast as described in subsection (1).
(3)
Suffer or permit any person, while on the premises of the commercial establishment, to expose to public view his or her genitals or pubic area.
(4)
Suffer or permit any person, while on the premises of the commercial establishment, to employ any device or covering that is intended to give the appearance of or simulate the genitals or pubic area.
History of Section.
P.L. 1997, ch. 9, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-72 - Town of Johnston — Nudity on Premises Where Alcoholic Beverages Are Offered for Sale or Consumption › Section 5-72-2. - Licensure and regulations.

§ 5-72-2. Licensure and regulations.
(a)
The town council of the town of Johnston, shall, in addition to the licensing and regulatory powers enumerated in this title, have the power to license any establishment where nudity is permitted on the premises and alcoholic beverages are offered for sale or consumption on the premises.
(b)
The town council shall have the power to limit the hours of operation of any such establishment and may designate specific areas within the town of Johnston where nudity on the premises where alcoholic beverages are offered for sale or consumption on the premises may be permitted and/or to prohibit the operation of any new establishment.
History of Section.
P.L. 1997, ch. 9, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-72 - Town of Johnston — Nudity on Premises Where Alcoholic Beverages Are Offered for Sale or Consumption › Section 5-72-3. - Revocation of license.

§ 5-72-3. Revocation of license.
If the owner, operator, licensee, lessor, lessee, manager, employee, or any other person participating in the operation of an establishment located within the town of Johnston at which alcoholic beverages are offered for sale for consumption on the premises shall violate or is in violation of any of the provisions of this chapter, the town council may revoke the license for the establishment after giving reasonable notice to the holder of the license and affording the holder an opportunity to be heard as to why the revocation should not be issued.
History of Section.
P.L. 1997, ch. 9, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-72 - Town of Johnston — Nudity on Premises Where Alcoholic Beverages Are Offered for Sale or Consumption › Section 5-72-4. - Severability.

§ 5-72-4. Severability.
If any provision or part of this chapter, or application of this chapter to any person or circumstances is held unconstitutional or otherwise invalid, the remaining provisions of this chapter and the application of the provisions to other persons or circumstances other than those to which it is held invalid, shall not be affected.
History of Section.
P.L. 1997, ch. 9, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-73 - Roofing Contractors › Section 5-73-1. - Definitions.

§ 5-73-1. Definitions.
As used in this chapter, the following terms have the following meanings:
(1)
“Board” means the contractors’ registration and licensing board as defined in § 5-65-1.
(2)
“Nonresidential structure” means and includes any and all commercial or industrial structures or buildings, and shall not include any residential structures consisting of four (4) dwelling units or less.
(3)
“Roofing” means and includes any and all construction, renovation, or other work performed on or about the roof, as the term is commonly used, of any nonresidential structure or similar building and shall specifically include sealing, water proofing, weatherproofing, related sheet-metal work, and similar work.
(4)
“Roofing contractor” means any person or entity engaged in the state of Rhode Island in the business of commercial or industrial roofing, or any combination of these.
(5)
“Shingles” mean wood or other materials, excluding slate, used in courses to cover roofs.
History of Section.
P.L. 1998, ch. 243, § 1; P.L. 2000, ch. 445, § 1; P.L. 2001, ch. 257, § 2; P.L. 2001, ch. 327, § 2; P.L. 2007, ch. 228, § 4.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-73 - Roofing Contractors › Section 5-73-2. - Purpose.

§ 5-73-2. Purpose.
The purpose of this chapter is to promote public safety, health, and welfare by providing a mechanism to ensure that all roofing contractors conducting business in the state of Rhode Island have the requisite skills, training, and experience necessary to safely and adequately conduct roofing activities within this state.
History of Section.
P.L. 1998, ch. 243, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-73 - Roofing Contractors › Section 5-73-4. - Registration fee.

§ 5-73-4. Registration fee.
All roofing contractors shall submit a payment in the amount of four hundred dollars ($400), which shall support the licensing program, representing a license fee along with the application referenced in § 5-73-3, and be required to comply with the provisions of chapter 65 of this title and those provisions shall be interpreted to include commercial roofers as defined in this chapter. Beginning July 1, 2008, all fines and fees collected pursuant to this chapter shall be deposited into a restricted-receipt account for the exclusive use of supporting programs established by the board. The license shall expire every two (2) years on the anniversary date of the license’s issuance and may be renewed upon payment of a two hundred dollar ($200) fee.
History of Section.
P.L. 1998, ch. 243, § 1; P.L. 2000, ch. 445, § 1; P.L. 2001, ch. 257, § 2; P.L. 2001, ch. 327, § 2; P.L. 2003, ch. 282, § 3; P.L. 2007, ch. 228, § 4; P.L. 2021, ch. 162, art. 6, § 2, effective July 1, 2021.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-73 - Roofing Contractors › Section 5-73-5. - Penalties for violations.

§ 5-73-5. Penalties for violations.
(a)
Any person who operates as a roofing contractor without a license as adjudged in a final order issued by the board, upon proper written notification, is deemed guilty of a misdemeanor and, upon conviction, shall be imprisoned for a term not exceeding one year, fined not more than one thousand dollars ($1,000), or both, for a first or second offense. A third or subsequent violation of this subsection is to be deemed a felony and, upon conviction, the person shall be imprisoned for a term not exceeding two (2) years, fined not more than two thousand dollars ($2,000), or both.
(b)
Any person who violates a final order of the board where the monetary total of the order including, but not limited to, the monetary judgment and/or fines, is not more than five thousand dollars ($5,000), upon proper written notification, is deemed guilty of a misdemeanor and, upon conviction, shall be imprisoned for a term not exceeding one year, fined not more than one thousand dollars ($1,000), or both.
(c)
Any person who violates a final order of the board where the monetary total of the order including, but not limited to, the monetary judgment and/or fines, is five thousand dollars ($5,000) or more, upon proper written notification, is deemed guilty of a felony and, upon conviction, shall be imprisoned for a term not exceeding ten (10) years, fined not more than ten thousand dollars ($10,000), or both.
(d)
A final order shall be considered delivered when served to a defendant or designated agent to accept service. In addition to any sentence or fine imposed by the court under subsections (a), (b), and (c), the court shall order a defendant to comply with any outstanding final order of the board, including any monetary judgment, and to pay to the board any outstanding fine or fines previously imposed by the board pursuant to this chapter.
(e)
If a roofing contractor is a repeat offender with violations of three (3) or more final orders of the board with respect to three (3) separate contracts executed by three (3) separate individuals/aggrieved parties and the violations are filed within a twenty-four-month (24) period, the violation shall be prosecuted as a felony and, upon conviction, the violator shall be subject to imprisonment for a term not to exceed ten (10) years or fined not more than ten thousand dollars ($10,000), or both.
History of Section.
P.L. 2018, ch. 64, § 5; P.L. 2018, ch. 69, § 5.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-74.1 - Uniform Athlete Agents Act › Section 5-74.1-3. - Service of process — Subpoenas.

§ 5-74.1-3. Service of process — Subpoenas.
(a)
By acting as an athlete agent in this state, a nonresident individual appoints the Rhode Island secretary of state as the individual’s agent for service of process in any civil action in this state related to the individual’s acting as an athlete agent in this state.
(b)
The Rhode Island secretary of state may issue subpoenas for any material that is relevant to the administration of this chapter.
History of Section.
P.L. 2008, ch. 246, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-74.1 - Uniform Athlete Agents Act › Section 5-74.1-4. - Athlete agents — Registration required — Void contracts.

§ 5-74.1-4. Athlete agents — Registration required — Void contracts.
(a)
Except as otherwise provided in subsection (b) of this section, an individual may not act as an athlete agent in this state without holding a certificate of registration under § 5-74.1-6 or § 5-74.1-8.
(b)
Before being issued a certificate of registration, an individual may act as an athlete agent in this state for all purposes except signing an agency contract, if:
(1)
A student athlete or another person acting on behalf of the student athlete initiates communication with the individual; and
(2)
Within seven (7) days after an initial act as an athlete agent, the individual submits an application for registration as an athlete agent in this state.
(c)
An agency contract resulting from conduct in violation of this section is void and the athlete agent shall return any consideration received under the contract.
History of Section.
P.L. 2008, ch. 246, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-74.1 - Uniform Athlete Agents Act › Section 5-74.1-7. - Suspension, revocation, or refusal to renew registration.

§ 5-74.1-7. Suspension, revocation, or refusal to renew registration.
(a)
The secretary of state may suspend, revoke, or refuse to renew a registration for conduct that would have justified denial of registration under § 5-74.1-6(b).
(b)
The secretary of state may deny, suspend, revoke, or refuse to renew a certificate of registration or licensure only after proper notice and an opportunity for a hearing.
History of Section.
P.L. 2008, ch. 246, § 2; P.L. 2019, ch. 308, art. 1, § 29.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-74.1 - Uniform Athlete Agents Act › Section 5-74.1-8. - Temporary registration.

§ 5-74.1-8. Temporary registration.
The secretary of state may issue a temporary certificate of registration while an application for registration or renewal of registration is pending.
History of Section.
P.L. 2008, ch. 246, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-74.1 - Uniform Athlete Agents Act › Section 5-74.1-9. - Registration and renewal fees.

§ 5-74.1-9. Registration and renewal fees.
An application for registration or renewal of registration must be accompanied by a fee in the following amount:
(1)
Fifty dollars ($50.00) for an initial application for registration;
(2)
Fifty dollars ($50.00) for an application for registration based upon a certificate of registration or licensure issued by another state;
(3)
Twenty-five dollars ($25.00) for an application for renewal of registration; or
(4)
Twenty-five dollars ($25.00) for an application for renewal of registration based upon an application for renewal of registration or licensure submitted in another state.
History of Section.
P.L. 2008, ch. 246, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-74.1 - Uniform Athlete Agents Act › Section 5-74.1-10. - Required form of contract.

§ 5-74.1-10. Required form of contract.
(a)
An agency contract must be in a record, signed or otherwise authenticated by the parties.
(b)
An agency contract must state or contain:
(1)
The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services;
(2)
The name of any person not listed in the application for registration or renewal of registration who will be compensated because the student athlete signed the agency contract;
(3)
A description of any expenses that the student athlete agrees to reimburse;
(4)
A description of the services provided to the student athlete;
(5)
The duration of the contract; and
(6)
The date of execution.
(c)
An agency contract must contain, in close proximity to the signature of the student athlete, a conspicuous notice in boldface type in capital letters stating:
WARNING TO STUDENT ATHLETE:
If you sign this contract:
(1) You may lose your eligibility to compete as a student athlete in your sport;
(2) If you have an athletic director, within seventy-two (72) hours after entering into this contract, both you and your athlete agent must notify your athletic director; and
(3) You may cancel this contract within fourteen (14) days after signing it. Cancellation of this contract may not reinstate your eligibility.
(d)
An agency contract that does not conform to this section is voidable by the student athlete. If a student athlete voids an agency contract, the student athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract.
(e)
The athlete agent shall give a record of the signed or otherwise authenticated agency contract to the student athlete at the time of execution.
History of Section.
P.L. 2008, ch. 246, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-74.1 - Uniform Athlete Agents Act › Section 5-74.1-11. - Notice to educational institution.

§ 5-74.1-11. Notice to educational institution.
(a)
Within seventy-two (72) hours after entering into an oral or written agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student athlete is enrolled or the athlete agent has reasonable grounds to believe the student athlete intends to enroll.
(b)
Within seventy-two (72) hours after entering into an oral or written agency contract or before the next athletic event in which the student athlete may participate, whichever occurs first, the student athlete shall inform the athletic director of the educational institution at which the student athlete is enrolled that he or she has entered into an agency contract.
History of Section.
P.L. 2008, ch. 246, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-74.1 - Uniform Athlete Agents Act › Section 5-74.1-12. - Student athlete’s right to cancel.

§ 5-74.1-12. Student athlete’s right to cancel.
(a)
A student athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within fourteen (14) days after the contract is signed.
(b)
A student athlete may not waive the right to cancel an agency contract.
(c)
If a student athlete cancels an agency contract, the student athlete is not required to pay any consideration under the contract, or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract.
History of Section.
P.L. 2008, ch. 246, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-74.1 - Uniform Athlete Agents Act › Section 5-74.1-13. - Required records.

§ 5-74.1-13. Required records.
(a)
An athlete agent shall retain the following records for a period of five (5) years:
(1)
The name and address of each individual represented by the athlete agent;
(2)
Any agency contract entered into by the athlete agent; and
(3)
Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student athlete to enter into an agency contract.
(b)
Records required by subsection (a) to be retained are open to inspection by the secretary of state during normal business hours.
History of Section.
P.L. 2008, ch. 246, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-74.1 - Uniform Athlete Agents Act › Section 5-74.1-14. - Prohibited conduct.

§ 5-74.1-14. Prohibited conduct.
(a)
An athlete agent, with the intent to induce a student athlete to enter into an agency contract, may not:
(1)
Give any materially false or misleading information or make a materially false promise or representation;
(2)
Furnish anything of value to a student athlete before the student athlete enters into the agency contract; or
(3)
Furnish anything of value to any individual other than the student athlete or another registered athlete agent.
(b)
An athlete agent may not intentionally:
(1)
Initiate contact with a student athlete unless registered under this chapter;
(2)
Refuse or fail to retain or permit inspection of the records required to be retained by § 5-74.1-13;
(3)
Fail to register when required by § 5-74.1-4;
(4)
Provide materially false or misleading information in an application for registration or renewal of registration;
(5)
Predate or postdate an agency contract; or
(6)
Fail to notify a student athlete before the student athlete signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the student athlete ineligible to participate as a student athlete in that sport.
History of Section.
P.L. 2008, ch. 246, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-74.1 - Uniform Athlete Agents Act › Section 5-74.1-14.1. - Permitted contacts with student athletes.

§ 5-74.1-14.1. Permitted contacts with student athletes.
(a)
An athlete agent may:
(1)
Contact a student athlete only as provided in this chapter. In the event that the student athlete is a minor, the agent must initiate contact with the student athlete’s parents or legal guardians.
(2)
Initiate contact only with those student athletes who have completed their collegiate eligibility (including post-season tournaments).
(3)
Provide information to eligible student athletes only after having provided the same information to the athletic director of the institution where the student athlete is enrolled.
(4)
Contact a student athlete who has not completed his or her collegiate eligibility only if the student athlete initiates the contact. In such instances, the athlete agent must give prior notice of his or her intention to respond to the request to the athletic director of the institution where the athlete is enrolled.
(b)
Each institution of higher education in Rhode Island may sponsor athlete agent interviews on its campus where the athlete agent may discuss with the student athlete the provision of legal and financial services. The athlete agent must comply with any regulations established by the institutional committee prior to initiating any contact with the student athlete.
History of Section.
P.L. 2008, ch. 246, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-74.1 - Uniform Athlete Agents Act › Section 5-74.1-15. - Criminal penalties.

§ 5-74.1-15. Criminal penalties.
An athlete agent who violates § 5-74.1-14 is guilty of a misdemeanor.
History of Section.
P.L. 2008, ch. 246, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-74.1 - Uniform Athlete Agents Act › Section 5-74.1-16. - Civil remedies.

§ 5-74.1-16. Civil remedies.
(a)
An educational institution has a right of action against an athlete agent or a former student athlete for damages caused by a violation of this chapter. In an action under this section, the court may award to the prevailing party costs and reasonable attorney’s fees.
(b)
Damages of an educational institution under subsection (a) include losses and expenses incurred because, as a result of the conduct of an athlete agent or former student athlete, the educational institution was injured by a violation of this chapter or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable, self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization.
(c)
A right of action under this section does not accrue until the educational institution discovers, or by the exercise of reasonable diligence would have discovered, the violation by the athlete agent or former student athlete.
(d)
Any liability of the athlete agent or the former student athlete under this section is several and not joint.
(e)
This chapter does not restrict rights, remedies, or defenses of any person under law or equity.
History of Section.
P.L. 2008, ch. 246, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-74.1 - Uniform Athlete Agents Act › Section 5-74.1-17. - Administrative penalty.

§ 5-74.1-17. Administrative penalty.
The secretary of state may assess a civil penalty against an athlete agent not to exceed twenty-five thousand dollars ($25,000) for a violation of this chapter.
History of Section.
P.L. 2008, ch. 246, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-74.1 - Uniform Athlete Agents Act › Section 5-74.1-19. - Electronic Signatures in Global and National Commerce Act.

§ 5-74.1-19. Electronic Signatures in Global and National Commerce Act.
The provisions of this chapter governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures conform to the requirements of section 102 of the Electronic Signatures in Global and National Commerce Act, Pub. L. No. 106-229, 114 Stat. 464 (2000), and supersede, modify, and limit the Electronic Signatures in Global and National Commerce Act.
History of Section.
P.L. 2008, ch. 246, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-74.1 - Uniform Athlete Agents Act › Section 5-74.1-20. - Severability.

§ 5-74.1-20. Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
History of Section.
P.L. 2008, ch. 246, § 2.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-75 - Professional Employer Organizations Act of 2004 › Section 5-75-1. - Legislative finding.

§ 5-75-1. Legislative finding.
The legislature finds that:
(a)
Professional employer organizations provide a valuable service to commerce and the citizens of this state by increasing the opportunities of employers to develop cost-effective methods of satisfying their personnel requirements and providing employees with access to certain employment benefits that might otherwise not be available to them;
(b)
Professional employer organizations operating in this state should be properly recognized and regulated by the division of taxation, as provided in this chapter and § 44-30-71.4; and
(c)
Any allocation of the employer duties and responsibilities pursuant to this chapter will preserve all rights to which covered employees would be entitled under a traditional employment relationship.
History of Section.
P.L. 2004, ch. 87, § 1; P.L. 2004, ch. 124, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-75 - Professional Employer Organizations Act of 2004 › Section 5-75-5. - Fees.

§ 5-75-5. Fees.
(a) Initial registration.
Upon filing an initial registration statement under this chapter, a PEO shall pay an annual initial registration fee not to exceed five hundred dollars ($500). The fee shall be prorated based upon an expiration date of July 31.
(b) Renewal.
Upon each annual renewal of a registration statement filed under this chapter, a PEO shall pay a renewal fee not to exceed two hundred fifty dollars ($250).
(c) Limited registration.
Each PEO seeking limited registration under the terms of this chapter, shall pay a fee in the amount not to exceed two hundred fifty dollars ($250) upon initial application for limited registration and upon each annual renewal of the limited registration.
(d) Alternative registration.
A PEO seeking alternative registration shall pay an initial and annual fee not to exceed two hundred fifty dollars ($250), the fee to be prorated based upon an expiration date of July 31.
(e)
The state tax administrator shall determine, by rule, any other fee to be charged under this chapter. The fees shall not exceed those reasonably necessary for the administration of the registration chapter. The fees shall not exceed those reasonably necessary for the administration of the registration process.
History of Section.
P.L. 2004, ch. 87, § 1; P.L. 2004, ch. 124, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-75 - Professional Employer Organizations Act of 2004 › Section 5-75-6. - Financial capability — Net worth and bonding.

§ 5-75-6. Financial capability — Net worth and bonding.
Each PEO shall maintain a bond or securities with a minimum market value of fifty thousand dollars ($50,000) held by a depository designated by the department securing payment by the PEO of all taxes, wages, benefits, or other entitlement due to, or with respect to, covered employees if the PEO does not make such payments when due. A PEO registered under this chapter and certified by the division of taxation for at least two (2) years shall be exempt from the bonding requirements of this section.
History of Section.
P.L. 2004, ch. 87, § 1; P.L. 2004, ch. 124, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-75 - Professional Employer Organizations Act of 2004 › Section 5-75-8. - Benefit plans.

§ 5-75-8. Benefit plans.
(a)
A client and a PEO shall each be deemed an employer for purposes of sponsoring retirement and welfare benefit plans for its covered employees.
(b)
A fully-insured welfare benefit plan offered to the covered employees of a single PEO shall be considered a single-employer welfare benefit plan.
(c)
For purposes of determining employer status under chapter 50 of title 27 (entitled the Rhode Island Small Employer Health Insurance Availability Act), a PEO shall be considered the employer of all of its covered employees and all covered employees of one or more clients participating in a health benefit plan sponsored by a single PEO shall be considered employees of the PEO.
(d)
If a PEO offers to its covered employees any health benefit plan that is not fully-insured by an authorized insurer, the plan shall:
(1)
Utilize a third-party administrator licensed to do business in this state;
(2)
Hold all plan assets, including participant contributions, in a trust account; and
(3)
Provide sound reserves for such plan as determined using generally accepted actuarial standards.
History of Section.
P.L. 2004, ch. 87, § 1; P.L. 2004, ch. 124, § 1.
2023 Rhode Island General Laws › Title 5 - Businesses and Professions › Chapter 5-75 - Professional Employer Organizations Act of 2004 › Section 5-75-9. - Workers’ compensation.

§ 5-75-9. Workers’ compensation.
(a)
The responsibility to obtain workers’ compensation coverage for covered employees, from a carrier licensed to do business in this state and otherwise in compliance with all applicable requirements, shall be specifically allocated in the professional employer agreement to either the client or the PEO. If the responsibility is allocated to the PEO under the agreement, the agreement shall require that the PEO maintain and provide to the client, at the termination of the agreement if requested by the client, records regarding the loss experience related to workers’ compensation insurance provided to covered employees pursuant to the agreement. A certificate of insurance as proof of workers’ compensation coverage shall be issued to the client if the PEO is to provide coverage or to the PEO if the client is to provide coverage with notification of cancellation to be issued immediately to either entity. In the case of cancellation, the other entity must immediately obtain coverage.
(b) Workers’ compensation.
Both the client and the PEO shall be considered the employer for the purpose of coverage under the workers’ compensation act and both the PEO and its client shall be entitled to protection of the exclusive remedy provision of the workers’ compensation act irrespective of which co-employer obtains such workers’ compensation coverage.
History of Section.
P.L. 2004, ch. 87, § 1; P.L. 2004, ch. 124, § 1; P.L. 2006, ch. 215, § 1.