reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35 - Administrative Procedures › Section 42-35-3.4. - Repealed.

§ 42-35-3.4. Repealed.
History of Section.
P.L. 2004, ch. 335, § 2; P.L. 2004, ch. 400, § 2; P.L. 2008, ch. 456, § 1; P.L. 2012, ch. 445, § 2; P.L. 2014, ch. 98, § 1; P.L. 2014, ch. 127, § 1; Repealed by P.L. 2016, ch. 203, § 1, effective June 29, 2016; P.L. 2016, ch. 206, § 1, effective June 29, 2016.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35 - Administrative Procedures › Section 42-35-3.5. - Simultaneous regulatory, licensing, and permitting processes.

§ 42-35-3.5. Simultaneous regulatory, licensing, and permitting processes.
(a)
Any state agency with regulatory or permitting authority over a business shall not require prior approval of one or more state or municipal agencies before beginning its review and approval process. Such state agencies shall establish a process whereby the agency will conduct a simultaneous review and approval process with the one or more state or municipal agencies. State agencies may require, if applicable, evidence by the business of a preliminary determination by the municipality that the subject proposal is consistent with the applicable municipal zoning ordinances.
(b)
Nothing in this section shall entitle a business to recoup or recover any costs or fees associated with the simultaneous regulatory or permitting process. If one or more state or municipal agencies fail to approve a permit, license, or regulatory application, thereby influencing the granting of a contingent approval from another municipal or state entity, the business may not recover any associated costs from the agencies involved in the simultaneous review process; provided, that this section shall not affect the ability of a business to recoup or recover costs associated with the licensing, permitting, or application processes allowed under any other chapter.
(c)
All state agencies shall inform businesses of the possibility that one or more other state agencies may fail to approve a contingent permit, license, or regulatory application, and that the business may not recoup or recover costs associated with one application due to the denial or disapproval of another.
History of Section.
P.L. 2010, ch. 247, § 2; P.L. 2010, ch. 258, § 2; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35 - Administrative Procedures › Section 42-35-4.1. - Refiling of rules and regulations.

§ 42-35-4.1. Refiling of rules and regulations.
(a)
Each agency shall, on or before January 2, 2002, according to a schedule specified by the secretary of state, file with the secretary of state an electronic list of all its lawfully adopted rules which are in force on the date of the filing.
(b)
Each agency shall give notice thirty (30) days prior to refiling any rule or regulation in order to comply with this section. Each agency shall also give notice, thirty (30) days prior to that agency’s due date for refiling, of which rules and regulations it shall not be refiling. The notices shall include a statement of the intended action and a description of the subjects and issues involved. The public notice of the refile shall be provided to all persons who have made timely request of the agency for advance notice of its rulemaking proceedings, and published in a newspaper, or newspapers, having aggregate general circulation throughout the state.
(c)
Agency compliance with this section shall be coordinated in accordance with a schedule established by the secretary of state for agency refiling of rules.
History of Section.
P.L. 2001, ch. 61, § 2; P.L. 2002, ch. 237, § 1; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35 - Administrative Procedures › Section 42-35-4.2. - Periodic refiling of rules and regulations.

§ 42-35-4.2. Periodic refiling of rules and regulations.
All rules on file with the secretary of state pursuant to § 42-35-4.1 shall be refiled on the first Tuesday in January 2007 and on the first Tuesday in January of every successive fifth year.
History of Section.
P.L. 2001, ch. 61, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35 - Administrative Procedures › Section 42-35-5.1. - Rulemaking agenda.

§ 42-35-5.1. Rulemaking agenda.
(a)
An agency shall maintain a current rulemaking agenda for all pending rulemaking proceedings that are indexed. The agency shall publish on its agency website the current and updated rulemaking agenda. The agency shall provide the secretary of state a copy of each current and updated rulemaking agenda for publication on the secretary of state’s website.
(b)
The agency shall maintain a rulemaking agenda under subsection (a) that must for each pending rulemaking proceeding state or contain:
(1)
The subject matter of the proposed rule;
(2)
Notices related to the proposed rule;
(3)
How comments on the proposed rule may be submitted;
(4)
The time within which comments may be submitted;
(5)
Where comments may be inspected;
(6)
Requests for a public hearing;
(7)
Appropriate information concerning a public hearing, if any; and
(8)
The timetable for action on the proposed rule.
(c)
On request, the agency shall provide, for a reasonable charge, a written, rulemaking docket maintained under subsection (b).
History of Section.
P.L. 1986, ch. 281, § 6; P.L. 2001, ch. 180, § 102; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35 - Administrative Procedures › Section 42-35-6. - Petition for promulgation of rules.

§ 42-35-6. Petition for promulgation of rules.
Any person may petition an agency to promulgate a rule. An agency shall prescribe, by rule, the form of the petition and the procedure for its submission, consideration, and disposition. Not later than thirty (30) days after submission of a petition, the agency shall:
(1)
Deny the petition in a record and state its reasons for the denial; or
(2)
Initiate rulemaking.
History of Section.
G.L. 1956, § 42-35-6; P.L. 1962, ch. 112, § 1; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35 - Administrative Procedures › Section 42-35-6.1. - Variance between proposed and final rule.

§ 42-35-6.1. Variance between proposed and final rule.
An agency may not file a rule that differs from the rule proposed in the notice of proposed rulemaking unless the final rule is consistent with, and a logical outgrowth of, the rule proposed in the notice.
History of Section.
P.L. 2016, ch. 203, § 3; P.L. 2016, ch. 206, § 3.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35 - Administrative Procedures › Section 42-35-6.2. - Compliance.

§ 42-35-6.2. Compliance.
An action taken under this chapter is not valid unless taken in substantial compliance with this chapter.
History of Section.
P.L. 2016, ch. 203, § 3; P.L. 2016, ch. 206, § 3.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35 - Administrative Procedures › Section 42-35-7. - Declaratory judgment on validity or applicability of rules.

§ 42-35-7. Declaratory judgment on validity or applicability of rules.
The validity or applicability of any rule may be determined in an action for declaratory judgment in the superior court of Providence County, when it is alleged that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff. The agency shall be made a party to the action. A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question.
History of Section.
G.L. 1956, § 42-35-7; P.L. 1962, ch. 112, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35 - Administrative Procedures › Section 42-35-8. - Declaratory order.

§ 42-35-8. Declaratory order.
(a)
A person may petition an agency for a declaratory order that interprets or applies a statute administered by the agency or states whether, or in what manner, a rule, guidance document, or order issued by the agency applies to the petitioner.
(b)
An agency shall promulgate rules prescribing the form of a petition under subsection (a) and the procedure for its submission, consideration, and prompt disposition. The provisions of this chapter concerning formal, informal, or other applicable hearing procedure do not apply to an agency proceeding for a declaratory order, except to the extent provided in this section or to the extent the agency provides by rule or order.
(c)
Not later than sixty (60) days after receipt of a petition under subsection (a), an agency shall issue a declaratory order in response to the petition, decline to issue the order, or schedule the matter for further consideration.
(d)
If an agency declines to issue a declaratory order requested under subsection (a), it shall notify, promptly, the petitioner of its decision. The decision must be in a record and must include a brief statement of the reasons for declining. An agency decision to decline to issue a declaratory order is subject to judicial review for abuse of discretion. An agency failure to act within the applicable time under subsection (c) is subject to judicial action under § 42-35-15.
(e)
If an agency issues a declaratory order, the order must contain the names of all parties to the proceeding, the facts on which it is based, and the reasons for the agency’s conclusion. If an agency is authorized not to disclose certain information in its records to protect confidentiality, the agency may redact confidential information in the order. The order has the same status and binding effect as an order issued in a contested case and is subject to judicial review under § 42-35-15.
(f)
An agency shall publish each currently effective declaratory order on its agency website.
(g)
An agency shall maintain a current and publicly accessible index of all of its currently effective declaratory orders on its website; file the index with the secretary of state; make the index readily available for public inspection; and make available for public inspection and, for a reasonable charge, copying the full text of all declaratory orders to the extent inspection is permitted by law of this state other than this chapter. Declaratory orders are effective only if filed with the secretary of state.
History of Section.
G.L. 1956, § 42-35-8; P.L. 1962, ch. 112, § 1; P.L. 1986, ch. 281, § 7; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35 - Administrative Procedures › Section 42-35-9. - Contested cases — Notice — Hearing — Records.

§ 42-35-9. Contested cases — Notice — Hearing — Records.
(a)
In any contested case, all parties shall be afforded an opportunity for a hearing after reasonable notice.
(b)
The notice shall include:
(1)
A statement of the time, place, and nature of the hearing;
(2)
A statement of the legal authority and jurisdiction under which the hearing is to be held;
(3)
A reference to the particular sections of the statutes and rules involved;
(4)
A short and plain statement of the matters inserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved and detailed statement shall be furnished.
(c)
Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved.
(d)
Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.
(e)
The record in a contested case shall include:
(1)
All pleadings, motions, intermediate rulings;
(2)
Evidence received or considered;
(3)
A statement of matters officially noticed;
(4)
Questions and offers of proof and rulings thereon;
(5)
Proposed findings and exceptions;
(6)
Any decision, opinion, or report by the officer presiding at the hearing;
(7)
All staff memoranda or data submitted to the hearing officer or members of the agency in connection with their consideration of the case.
(f)
Oral proceedings or any part thereof conducted under the provisions of this chapter shall be transcribed on request by any party. Stenotypists occupying positions within the state service as hearing reporters for any state agency, who report stenographically the proceedings in administrative hearings and the taking of depositions in their capacity as reporters for a state agency, shall be paid at the rate established by § 8-5-5 from the requesting party; provided, however, the state agency shall not be required to compensate the stenotypists for the transcript.
(g)
Findings of fact shall be based exclusively on the evidence and matters officially noticed.
History of Section.
G.L. 1956, § 42-35-9; P.L. 1962, ch. 112, § 1; P.L. 1979, ch. 370, § 1; P.L. 1981, ch. 424, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35 - Administrative Procedures › Section 42-35-9.1. - Repealed.

§ 42-35-9.1. Repealed.
History of Section.
P.L. 2013, ch. 335, § 1; P.L. 2013, ch. 435, § 1; Repealed by P.L. 2016, ch. 203, § 1, effective June 29, 2016; P.L. 2016, ch. 206, § 1, effective June 29, 2016.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35 - Administrative Procedures › Section 42-35-10. - Rules of evidence — Official notice.

§ 42-35-10. Rules of evidence — Official notice.
In contested cases:
(1)
Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in civil cases in the superior courts of this state shall be followed; but, when necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible under those rules may be submitted (except where precluded by statute) if it is of a type commonly relied upon by reasonably prudent men and women in the conduct of their affairs. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form;
(2)
Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original;
(3)
A party may conduct cross examinations required for a full and true disclosure of the facts;
(4)
Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the agency’s specialized knowledge; but parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The agency’s experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.
History of Section.
G.L. 1956, § 42-35-10; P.L. 1962, ch. 112, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35 - Administrative Procedures › Section 42-35-11. - Examination of evidence by agency.

§ 42-35-11. Examination of evidence by agency.
(a)
Whenever in a contested case a majority of the officials of the agency who are to render the final decision have not heard the case or read the record, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be made until a proposal for decision is served upon the parties, and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the officials who are to render the decision.
(b)
The proposal for decision shall contain a statement of reasons and include the determination of each issue of fact or law necessary to the proposed decision, prepared by the person who conducted the hearing or one who has read the record. The parties by written stipulation may waive compliance with this section.
History of Section.
G.L. 1956, § 42-35-11; P.L. 1962, ch. 112, § 1; P.L. 2007, ch. 340, § 35.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35 - Administrative Procedures › Section 42-35-12. - Orders.

§ 42-35-12. Orders.
Any final order adverse to a party in a contested case shall be in writing or stated in the record. Any final order shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If a party, in accordance with agency rules, submitted proposed findings of fact, the order shall include a ruling upon each proposed finding. Parties shall be notified either personally or by mail of any order. Included with the final order shall be a separate notice advising the parties of the availability of judicial review, the appeal period and the procedure for filing an appeal, and providing a reference to the statutory authority. If the agency fails to provide such notice, the time for taking an appeal shall be extended for an additional thirty (30) days beyond the time otherwise authorized by law. Upon request, a copy of any final order stated in the record shall be delivered or mailed forthwith to each party and to his or her attorney of record.
History of Section.
G.L. 1956, § 42-35-12; P.L. 1962, ch. 112, § 1; P.L. 1986, ch. 281, § 8; P.L. 2004, ch. 26, § 1; P.L. 2004, ch. 177, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35 - Administrative Procedures › Section 42-35-13. - Ex parte consultations.

§ 42-35-13. Ex parte consultations.
Unless required for the disposition of ex parte matters authorized by law, members or employees of an agency assigned to render an order or to make findings of fact and conclusions of law in a contested case shall not, directly or indirectly, in connection with any issue of fact, communicate with any person or party, nor, in connection with any issue of law, with any party or his or her representative, except upon notice and opportunity for all parties to participate; but any agency member:
(1)
May communicate with other members of the agency, and
(2)
May have the aid and advice of one or more personal assistants.
History of Section.
G.L. 1956, § 42-35-13; P.L. 1962, ch. 112, § 1; P.L. 1986, ch. 281, § 9.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35 - Administrative Procedures › Section 42-35-14. - Licenses.

§ 42-35-14. Licenses.
(a)
Whenever the grant, denial, or renewal of a license is required to be preceded by notice and opportunity for a hearing, the provisions of this chapter concerning contested cases apply.
(b)
Whenever a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license does not expire until the application has been finally determined by the agency, and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.
(c)
No revocation, suspension, annulment, or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency sent notice by mail to the licensee of facts or conduct which warrant the intended action, and the licensee was given an opportunity to show compliance with all lawful requirements for the retention of the license. If the agency finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.
History of Section.
G.L. 1956, § 42-35-14; P.L. 1962, ch. 112, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35 - Administrative Procedures › Section 42-35-15.1. - Manner of taking appeals from administrative agencies.

§ 42-35-15.1. Manner of taking appeals from administrative agencies.
(a)
Appeals from decisions by administrative agencies of the state or officers thereof shall be taken to the superior court or to the district court as provided by the general laws in respect to each agency; provided, however, the time limits for the taking of steps necessary to perfect the appeal to the superior court or the district court shall be governed by the provisions of § 42-35-15, any provisions in the general laws to the contrary notwithstanding.
(b)
Review by the supreme court of final judgments of the superior court or the district court in respect to those appeals shall be governed by the provisions of § 42-35-16.
History of Section.
P.L. 1984, ch. 349, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35 - Administrative Procedures › Section 42-35-16. - Review by supreme court.

§ 42-35-16. Review by supreme court.
Any party in interest, if aggrieved by a final judgment of the superior, family, or district court rendered in proceedings brought under § 42-35-15, may, within twenty (20) days from the date of entry of the judgment, petition the supreme court of the state of Rhode Island for a writ of certiorari to review any questions of law involved. The petition for a writ of certiorari shall set forth the errors claimed. Upon the filing of such a petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of certiorari to the superior, family, or district court to certify to the supreme court the record of the administrative proceeding under review, or so much thereof as was submitted to the superior, family, or district court by the parties, together with any additional record of the proceedings in the superior, family, or district court.
History of Section.
G.L. 1956, § 42-35-16; P.L. 1962, ch. 112, § 1; P.L. 1966, ch. 213, § 1; P.L. 1972, ch. 169, § 30; P.L. 1976, ch. 140, § 20; P.L. 1984, ch. 167, § 4.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35 - Administrative Procedures › Section 42-35-17. - Severability.

§ 42-35-17. Severability.
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
History of Section.
G.L. 1956, § 42-35-17; P.L. 1962, ch. 112, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35.1 - Small Business Regulatory Fairness in Administrative Procedures › Section 42-35.1-1. - Legislative findings.

§ 42-35.1-1. Legislative findings.
The general assembly finds and declares that:
(1)
A vibrant and growing small business sector is critical to creating jobs in a dynamic economy;
(2)
Small businesses bear a disproportionate share of regulatory costs and burdens;
(3)
Fundamental changes that are needed in the regulatory and enforcement culture of state agencies to make them more responsive to small business can be made without compromising the statutory missions of the agencies;
(4)
When adopting regulations to protect the health, safety, and economic welfare of Rhode Island state agencies should seek to achieve statutory goals as effectively and efficiently as possible without imposing unnecessary burdens on small employers;
(5)
Uniform regulatory and reporting requirements can impose unnecessary and disproportionately burdensome demands including legal, accounting and consulting costs upon small businesses with limited resources;
(6)
The failure to recognize differences in the scale and resources of regulated businesses can adversely affect competition in the marketplace, discourage innovation, and restrict improvements in productivity;
(7)
Unnecessary regulations create entry barriers in many industries and discourage potential entrepreneurs from introducing beneficial products and processes;
(8)
The practice of treating all regulated businesses as equivalent may lead to inefficient use of regulatory agency resources, enforcement problems, and in some cases, to actions inconsistent with the legislative intent of health, safety, environmental, and economic welfare legislation;
(9)
Alternative regulatory approaches which do not conflict with the stated objective of applicable statutes may be available to minimize the significant economic impact of rules on small businesses;
(10)
The process by which state regulations are developed and adopted should be reformed to require agencies to solicit the ideas and comments of small businesses, to examine the impact of proposed and existing rules on such businesses, and to review the continued need for existing rules.
History of Section.
P.L. 2009, ch. 229, § 1; P.L. 2009, ch. 230, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35.1 - Small Business Regulatory Fairness in Administrative Procedures › Section 42-35.1-2. - Definitions.

§ 42-35.1-2. Definitions.
As used in this section:
(1)
“Agency” means each state board, commission, department, or officer authorized by law to make regulations or to determine contested cases;
(2)
“Proposed regulation” means a proposal by an agency for a new regulation or for a change in, addition to, or repeal of an existing regulation;
(3)
“Regulation” means each agency statement of general applicability, without regard to its designation, that implements, interprets, or prescribes law or policy, or describes the organization, procedure, or practice requirements of agency. The term includes the amendment or repeal of a prior regulation but does not include; (i) Statements concerning only the internal management of any agency and not affecting private rights of procedures available to the public, (ii) Declaratory ruling; (iii) Intra-agency or interagency memoranda; (iv) An order;
(4)
“Small business” shall have the same meaning as in § 42-35-1.
History of Section.
P.L. 2009, ch. 229, § 1; P.L. 2009, ch. 230, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35.1 - Small Business Regulatory Fairness in Administrative Procedures › Section 42-35.1-3. - Economic impact statements.

§ 42-35.1-3. Economic impact statements.
(a)
Prior to the adoption of any proposed regulation that may have an adverse impact on small businesses, with the exception of emergency regulations adopted in accordance with § 42-35-3(b) and excluding those businesses defined in subsection (c) of this section, each agency shall prepare and submit, in conjunction with assistance and oversight from the office of regulatory reform, the proposed regulations to both the governor’s office and the office of regulatory reform at least fifteen (15) days in advance of the commencement of the formal rulemaking process, and in congruence with the analysis required in subsection (b) of this section, an economic impact statement that includes the following:
(1)
An identification and estimate of the number of the small businesses subject to the proposed regulation;
(2)
The projected reporting, recordkeeping, and other administrative costs required for compliance with the proposed regulation, including the type of professional skills necessary for preparation of the report or record;
(3)
A statement of the effect or probable effect on impacted small businesses;
(4)
A description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation.
(b)
The economic impact statement required herein shall be published in guide form as well as posted on the department of administration and the office of management and budget websites. The guide should be published and/or posted on or around the same date as the regulation change and shall include a description of actions needed by the small business to meet the requirement of the regulation. The office of regulatory reform shall develop criteria for the economic impact statement.
(c)
The following professional and business activities, extensively regulated pursuant to state and federal law and subject to significant capital requirements and other regulatory standards, shall be excluded from this section:
(1)
All public utilities, as defined in § 39-1-2, whose rates are subject to approval by the public utilities commission; and
(2)
All regulated institutions as defined in § 19-1-1(10); broker dealers as defined in § 7-11-101(1); and insurance companies chartered or licensed pursuant to chapters 1 and 2 of title 27.
History of Section.
P.L. 2009, ch. 229, § 1; P.L. 2009, ch. 230, § 1; P.L. 2012, ch. 89, § 2; P.L. 2012, ch. 120, § 2; P.L. 2012, ch. 445, § 1; P.L. 2014, ch. 99, § 1; P.L. 2014, ch. 123, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35.1 - Small Business Regulatory Fairness in Administrative Procedures › Section 42-35.1-4. - Regulatory flexibility — Flexibility analysis required.

§ 42-35.1-4. Regulatory flexibility — Flexibility analysis required.
(a)
Notwithstanding any general or public law to the contrary, prior to the adoption of any proposed regulation on and after January 1, 2010, each agency shall prepare a regulatory flexibility analysis in which the agency shall, where consistent with health, safety, environmental, and economic welfare consider utilizing regulatory methods that will accomplish the objectives of applicable statutes while minimizing adverse impact on small businesses. The agency shall consider, without limitation, each of the following methods of reducing the impact of the proposed regulation on small businesses:
(1)
The establishment of less stringent compliance or reporting requirements for small businesses;
(2)
The establishment of less stringent schedules or deadlines for compliance or reporting requirements for small businesses;
(3)
The consolidation or simplification of compliance or reporting requirements for small businesses;
(4)
The establishment of performance standards for small businesses to replace design or operational standards required in the proposed regulation; and
(5)
The exemption of small businesses from all or any part of the requirements contained in the proposed regulation.
(b)
Prior to the adoption of any proposed regulation that may have an adverse impact on small businesses each agency shall notify the office of regulatory reform of its intent to adopt the proposed regulation. The office of regulatory reform shall advise and assist agencies in complying with the provisions of this section.
History of Section.
P.L. 2009, ch. 229, § 1; P.L. 2009, ch. 230, § 1; P.L. 2012, ch. 445, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35.1 - Small Business Regulatory Fairness in Administrative Procedures › Section 42-35.1-5. - Small business enforcement ombudsman.

§ 42-35.1-5. Small business enforcement ombudsman.
(a)
The director of the department of business regulation shall designate an existing staff member as a “small business regulatory enforcement ombudsman,” who shall report to the director of business regulation.
(b)
The ombudsman shall:
(1)
Work with each agency with regulatory authority over small businesses to ensure that small business concerns that receive or are subject to an audit, on-site inspection, compliance assistance effort, or other enforcement related communication or contact by agency personnel are provided with a means to comment on the enforcement activity conducted by such personnel;
(2)
Establish means to receive comments from small business concerns regarding actions by agency employees conducting compliance or enforcement activities;
(3)
Within six (6) months of appointment, work with each regulating entity to develop and publish reporting policies;
(4)
Based on substantiated comments received from small business concerns, the ombudsman shall annually report to the general assembly and affected agencies evaluating the enforcement activities of agency personnel, including a rating of the responsiveness of the regulatory agencies policies;
(5)
Coordinate and report annually on the activities, findings, and recommendations to the general assembly and the directors of affected agencies; and
(6)
Provide the affected agency with an opportunity to comment on reports prepared pursuant to this chapter, and include a section of the final report in which the affected agency may make such comments as are not addressed by the ombudsman.
History of Section.
P.L. 2009, ch. 229, § 1; P.L. 2009, ch. 230, § 1; P.L. 2014, ch. 145, art. 14, § 5; P.L. 2019, ch. 88, art. 4, § 16.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35.1 - Small Business Regulatory Fairness in Administrative Procedures › Section 42-35.1-6. - Judicial review.

§ 42-35.1-6. Judicial review.
For any regulation subject to this section, a small business that is adversely affected or aggrieved by final agency action is entitled to judicial review of agency compliance with the requirements of this section. Proceedings for review shall be conducted in accordance with § 42-35-15.
History of Section.
P.L. 2009, ch. 229, § 1; P.L. 2009, ch. 230, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35.1 - Small Business Regulatory Fairness in Administrative Procedures › Section 42-35.1-7. - Expenses.

§ 42-35.1-7. Expenses.
The director of administration shall annually appropriate such sums as it may deem necessary to carry out the provisions of this chapter.
History of Section.
P.L. 2009, ch. 229, § 1; P.L. 2009, ch. 230, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-35.1 - Small Business Regulatory Fairness in Administrative Procedures › Section 42-35.1-8. - Severability.

§ 42-35.1-8. Severability.
If any clause, sentence, paragraph, or part of this chapter or the application thereof to any person or circumstance shall, for any reason, be judged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this chapter or its application to other persons or circumstances.
History of Section.
P.L. 2009, ch. 229, § 1; P.L. 2009, ch. 230, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-36 - Annual Reports › Section 42-36-1. - Compilation of annual reports.

§ 42-36-1. Compilation of annual reports.
(a)
All departments, agencies, boards, commissions, or councils in the government of the state of Rhode Island, required by law to submit annual reports, shall do so on the basis of the state fiscal year commencing July 1, 1963. The reports shall be submitted to the director of administration in such manner and form and at such time as he or she may prescribe, and the director shall compile a single annual report comprised of digests of the annual reports of the state’s departments, agencies, boards, commissions, or councils.
(b)
No other department, agency, board, commission, or council shall, unless otherwise directed by the director of administration, have printed its annual report.
History of Section.
G.L. 1956, § 42-36-1; P.L. 1963, ch. 105, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-36 - Annual Reports › Section 42-36-2. - Entitlement and distribution of annual reports.

§ 42-36-2. Entitlement and distribution of annual reports.
The report shall be entitled “Digest of Annual Reports of State Agencies.” It shall be published and distributed by the director of administration to the governor and to members of the general assembly annually in the month of January, and thereafter be made available for public distribution as long as the supply shall last.
History of Section.
G.L. 1956, § 42-36-2; P.L. 1963, ch. 105, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-37 - New England State Police Compact › Section 42-37-2. - Alternate administrator.

§ 42-37-2. Alternate administrator.
The superintendent of state police is authorized to designate an alternate to serve in his or her place and stead on the New England State Police Administrators Conference as permitted by article III of the compact. However, it is the intention of the legislature that such superintendent of state police shall attend and participate in the work of the conference in person to the maximum extent practicable.
History of Section.
G.L. 1956, § 42-37-2; P.L. 1965, ch. 106, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-37 - New England State Police Compact › Section 42-37-3. - Execution by governor.

§ 42-37-3. Execution by governor.
The governor is hereby authorized and directed to execute any formal documents which may be necessary to effectuate entry into the compact in substantially the form set forth in this chapter with any state set forth in article II of the compact.
History of Section.
G.L. 1956, § 42-37-3; P.L. 1965, ch. 106, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-39 - New England Interstate Planning Compact › Section 42-39-2. - Member of commission.

§ 42-39-2. Member of commission.
The member of the New England interstate planning compact commission who represents this state thereon shall be the director of the department of economic development. The director of the department of economic development may designate an alternate who may act in his or her place and stead as contemplated by article IV of the compact; provided, however, that the alternate shall in no event cast a written vote pursuant to the thirty (30) day provision of article VII of the compact.
History of Section.
G.L. 1956, § 42-39-2; P.L. 1965, ch. 171, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-39 - New England Interstate Planning Compact › Section 42-39-3. - Renunciation.

§ 42-39-3. Renunciation.
Renunciation, within the meaning of article XII of the compact shall be accomplished by act of the legislature repealing the compact and by notice in accordance with that article. In the event of an act of repeal, the governor shall send the necessary notice to all other party states.
History of Section.
G.L. 1956, § 42-39-3; P.L. 1965, ch. 171, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-39 - New England Interstate Planning Compact › Section 42-39-4. - Execution by governor.

§ 42-39-4. Execution by governor.
The governor is hereby authorized and directed to execute any formal documents which may be necessary in order to effectually enter into the compact in substantially the form provided in this chapter with any other state mentioned in article XI of the compact.
History of Section.
G.L. 1956, § 42-39-4; P.L. 1965, ch. 171, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-40 - Interchange of Government Employees › Section 42-40-1. - Declaration of policy.

§ 42-40-1. Declaration of policy.
The state of Rhode Island recognizes that intergovernmental cooperation is an essential factor in resolving problems affecting this state and that the interchange of personnel between and among governmental agencies at the same or different levels of government is a significant factor in achieving such cooperation.
History of Section.
G.L. 1956, § 42-40-1; P.L. 1965, ch. 233, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-40 - Interchange of Government Employees › Section 42-40-2. - Definitions.

§ 42-40-2. Definitions.
For the purposes of this chapter:
(1) “Sending agency”
means any department or agency of the federal government or a state or local government which sends any employee thereof to another government agency under this chapter.
(2) “Receiving agency”
means any department or agency of the federal government or a state or local government which receives an employee of another government under this chapter.
History of Section.
G.L. 1956, § 42-40-2; P.L. 1965, ch. 233, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-40 - Interchange of Government Employees › Section 42-40-3. - Authority to interchange employees.

§ 42-40-3. Authority to interchange employees.
(a)
Any department, agency, or instrumentality of the state or any city or town or any school, college, or university operated by the state is authorized to participate in a program of interchange of employees with departments, agencies, or instrumentalities of the federal government, another state or locality, or other agencies, municipalities, or instrumentalities of this state as a sending and/or receiving agency.
(b)
The period of individual assignment or detail under an interchange program shall not exceed thirty-six (36) months, nor shall any person be assigned or detailed for more than thirty-six (36) months during any sixty (60) month period. Details relating to any matter covered in this chapter may be the subject of an agreement between the sending and receiving agencies. (Elected officials shall not be assigned from a sending agency nor detailed to a receiving agency.)
History of Section.
G.L. 1956, § 42-40-3; P.L. 1965, ch. 233, § 1; P.L. 1995, ch. 385, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-40 - Interchange of Government Employees › Section 42-40-3.1. - Attorney general — Interchange of employees with federal government.

§ 42-40-3.1. Attorney general — Interchange of employees with federal government.
Notwithstanding the provisions of § 42-40-3, the attorney general of the state of Rhode Island is authorized to participate in a program of interchange of employees with departments, agencies, and/or instrumentalities of the federal government. The period of individual assignment or interchange may be for more than one year. Details relating to the interchange may be subject to a written agreement between the sending and receiving agencies and will be subject to the employee’s voluntary consent. The attorney general will submit to the director of administration a report of all employee interchanges authorized by this law. The report will also be transmitted to the general assembly in January of each year.
History of Section.
P.L. 1987, ch. 186, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-40 - Interchange of Government Employees › Section 42-40-4. - Status of employees of this state.

§ 42-40-4. Status of employees of this state.
(a)
Employees of a sending agency participating in an exchange of personnel as authorized in § 42-40-3 may be considered during the participation to be:
(1)
On detail to regular work assignments of the sending agency, or
(2)
In a status of leave of absence from their positions in the sending agency.
(b)
Employees who are on detail shall be entitled to the same salary and benefits to which they would otherwise be entitled and shall remain employees of the sending agency for all other purposes except that the supervision of their duties during the period of detail may be governed by agreement between the sending agency and the receiving agency.
(c)
Employees who are in a leave of absence status as provided herein shall be carried on leave without pay: provided, that they may be granted annual leave or other time off with pay to the extent authorized by law and may be granted authorized sick leave in circumstances considered by the sending agency to justify that leave. Except as otherwise provided in this chapter, employees who are in a leave of absence status shall have the same rights, benefits, and obligations as employees generally who are in such leave status but notwithstanding any other provision of law these employees may be entitled to credit the period of such assignment toward benefits as employees of the sending agency.
(d)
Any employee who participates in an exchange under the terms of this section who suffers disability or death as a result of personal injury arising out of and in the course of an exchange, or sustained in performance of duties in connection therewith, shall be treated, for the purposes of the sending agency’s employee compensation program, as an employee, as defined in that act, who has sustained injury in the performance of that duty, but shall not receive benefits under that act for any period for which he or she is entitled to and elects to receive similar benefits under the receiving agency’s employee compensation program.
History of Section.
G.L. 1956, § 42-40-4; P.L. 1965, ch. 233, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-40 - Interchange of Government Employees › Section 42-40-5. - Travel expenses of employees of this state.

§ 42-40-5. Travel expenses of employees of this state.
A sending agency in this state may, in accordance with the travel regulations of that agency, pay the travel expenses of employees assigned to a receiving agency on either a detail or leave basis, but shall not pay the travel expenses of those employees incurred in connection with their work assignments at the receiving agency. If the assignment or detail will be for a period of time exceeding eight (8) months, travel expenses may include expenses of transportation of immediate family, household goods, and personal effects to and from the location of the receiving agency. If the period of assignment is less than eight (8) months, the sending agency may pay a per diem allowance to the employee on assignment or detail.
History of Section.
G.L. 1956, § 42-40-5; P.L. 1965, ch. 233, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-40 - Interchange of Government Employees › Section 42-40-6. - Status of employees of other governments.

§ 42-40-6. Status of employees of other governments.
(a)
When any unit of government of this state acts as a receiving agency, employees of the sending agency who are assigned under authority of this chapter may:
(1)
Be given appointments in the receiving agency covering the periods of such assignments, with compensation to be paid from receiving agency funds or without compensation, or
(2)
Be considered to be on detail to the receiving agency.
(b)
Appointments of persons so assigned may be made without regard to the laws or regulations governing the selection of employees of the receiving agency.
(c)
Employees who are detailed to the receiving agency shall not by virtue of such detail be considered to be employees thereof, except as provided in subsection (d), nor shall they be paid a salary or wage by the receiving agency during the period of their detail. The supervision of the duties of those employees during the period of detail may be governed by agreement between the sending agency and the receiving agency.
(d)
Any employee of a sending agency assigned in this state who suffers disability or death as a result of personal injury arising out of and in the course of the assignment, or sustained in the performance of duties in connection therewith, shall be treated for the purpose of receiving agency’s employee compensation program, as an employee, as defined in that act, who has sustained injury in the performance of that duty, but shall not receive benefits under that act for any period for which he or she elects to receive similar benefits as an employee under the sending agency’s employee compensation program.
History of Section.
G.L. 1956, § 42-40-6; P.L. 1965, ch. 233, § 1.