reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Employees' Retirement System of Rhode Island and Municipal Employees' Retirement System Regulations › Section 120-RICR-00-00-1.22 - Rules Regarding the Operation and Administration of R.I. Gen. Laws Section 36-9-25, Entitled Standard for Years' Service Credits for Active Members of the Employees' Retirement System of Rhode Island; Section 16-16-5, Entitled Service Creditable; and Section 45-21-14 Entitled Computation of Years of Service

Current through June 14, 2024
A. This Regulation
				  governs the standard for a year of service credit for active and inactive
				  members of the Employees' Retirement System of the State of Rhode Island
				  ("ERSRI"). This Regulation shall not be applicable to retired members of ERSRI
				  or the Municipal Employees' Retirement System of the State of Rhode Island
				  ("MERS") and is not a replacement for the Rhode Island General Laws and §
										1.6 of this Part governing
				  the purchase of service credit.
B.
				  Statutory Standard
1. The retirement board
				  shall fix and determine, by appropriate Rules and Regulations, how much service
				  in any year is equivalent to a year of service, but in computing that service
				  or in computing the compensation it shall credit no period of more than a
				  month's duration during which a member was absent without pay nor shall more
				  than one (1) year of service be credited on account of all service in one (1)
				  calendar year. See R.I. Gen. Laws §§
											36-9-25,
				  16-16-5, and
				  45-21-14.
2. Notwithstanding any other section of law,
				  no member of the Retirement System shall be permitted to purchase service
				  credit for any portion of a year for which they are already receiving service
				  credit in this Retirement System.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Regulations Pertaining to the Crime Victim Compensation Program › Section 120-RICR-00-00-2.1 - Introduction

Current through June 14, 2024
A. These Rules and Regulations pertaining to
				  the Crime Victim Compensation Program are promulgated pursuant to R.I. Gen.
				  Laws §
										12-25-18(c) and
				  are established for the purpose of effectuating the provisions and overall
				  purpose of the Criminal Injuries Compensation Act of 1972, R.I. Gen. Laws §
										12-25-1
				  (Repealed), the Criminal Injuries Act of
				  1996, R.I. Gen. Laws §
										12-25-1.1, and the 1999 amendments
				  to the Criminal Injuries Compensation Act of 1996, R.I. Gen. Laws §
										12-25-1.1.
B. In accordance with the provisions of R.I.
				  Gen. Laws §
										42-35-2.9(b), in
				  the development of the regulations, consideration was given to:
1. alternative approaches to the
				  regulations;
2. duplication or
				  overlap with other state regulations; and
3. any significant economic impact on small
				  business as defined in R.I. Gen. Laws Chapter 42-35.
4. Based on the available information, no
				  known alternative approach, duplication or overlap was identified. The health,
				  safety, and welfare of the public override any economic impact which may be
				  incurred from these proposed regulations.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Regulations Pertaining to the Crime Victim Compensation Program › Section 120-RICR-00-00-2.2 - Purpose

Current through June 14, 2024
The General Treasurer of Rhode Island promulgates these
					 regulations related to financial compensation for victims of violent crime
					 pursuant to the authority under R.I. Gen. Laws §
										12-25-18(b).
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Regulations Pertaining to the Crime Victim Compensation Program › Section 120-RICR-00-00-2.3 - Scope

Current through June 14, 2024
These regulations apply to applications for financial
					 compensation filed under R.I. Gen. Laws §§
										12-25-1
et
					 seq
.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Regulations Pertaining to the Crime Victim Compensation Program › Section 120-RICR-00-00-2.6 - Persons Eligible for Compensation

Current through June 14, 2024
A. Persons
				  Eligible: The following persons are eligible for compensation:
1. victims as defined in §
											2.4(R) of
				  this Part;
2. secondary victims as
				  defined in §
											2.4(O) of
				  this Part;
3. dependents and
				  relatives of a victim who dies as a direct result of violent crime as provided
				  in R.I. Gen. Laws §
											12-25-19(b)(3);
4. parent, spouse, minor sibling, or minor
				  child of a victim who dies as a direct result of a violent crime as provided in
				  R.I. Gen. Laws §
											12-25-21(2)(c);
5. legal guardians of the victim or secondary
				  victim;
6. child advocate as
				  provided in R.I. Gen. Laws §
											42-73-9.1; and
7. legal representatives of the victim's
				  estate in the case of the victim's death.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Regulations Pertaining to the Crime Victim Compensation Program › Section 120-RICR-00-00-2.9 - Limitations on Compensation

Current through June 14, 2024
A. Violent
				  Felonious Criminal Conduct: If the victim has pled nolo contendere or been
				  convicted of violent felonious criminal conduct, committed within the past five
				  (5) years or subsequent to his or her injury, the Administrator may reduce or
				  deny an award to the Applicant or Applicants.
B. If the victim has pled nolo contendere or
				  been convicted of a crime listed in §
										2.9(A) of
				  this Part above, the Administrator may reduce or deny an award to the Applicant
				  or Applicants. In determining whether to reduce or deny an award, the
				  Administrator may consider the following factors:
1. The remoteness in time between the prior
				  conviction and the application for benefits;
2. The nature and seriousness of the crime
				  which led to the conviction;
3. The
				  extent and gravity of the injury to the claimant's victim(s) in the crime which
				  led to the conviction;
4. The
				  victim's disdain for the law as represented by the extent of the victim's prior
				  criminal record; and
5. The
				  victim's remorse and rehabilitation since the conviction, such as, the efforts
				  made by the victim to provide restitution for the crime committed which led to
				  the conviction or efforts made by the victim to reimburse the office for
				  payments made to any person or entity in connection with the
				  convictions.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Regulations Pertaining to the Crime Victim Compensation Program › Section 120-RICR-00-00-2.10 - Appeals

Current through June 14, 2024
A. Request for Reconsideration:
1. Within fifteen (15) days of the date of
				  receipt of the notice of an award or denial, the Applicant may submit a request
				  for reconsideration of the Administrator's decision. The request for
				  reconsideration must be in writing, accompanied by any further documentation
				  supporting the application and the request for reconsideration.
2. In addition, the Administrator, in his or
				  her own discretion, may reconsider a decision awarding or denying compensation
				  where there has been no request for reconsideration. The Administrator shall
				  then issue an amended notice of award or denial.
3. Within thirty (30) days of the receipt of
				  the request for reconsideration and the supporting documentation, the Treasurer
				  or the Treasurer's designee shall reconsider any award or denial and, based on
				  the additional supporting documentation submitted by the Applicant, shall
				  either affirm the award or denial, or issue an amended award or denial or
				  remand the matter to the Administrator for further review. The Applicant shall
				  be notified of the decision upon reconsideration by certified mail, return
				  receipt requested, and by first class mail. The decision of reconsideration
				  shall be accompanied by information informing the Applicant of the right to
				  judicial review of the decision upon reconsideration.
4. Any request for reconsideration that
				  involves a medical expense, mental health counseling or psychiatric care
				  expense, or funeral and burial expense not previously submitted with the
				  original application shall be treated as a reopening of the application for
				  compensation. The Administrator shall investigate the request for reopening and
				  issue a supplemental award, if appropriate.
5. If no request for reconsideration is filed
				  within the time period specified in R.I. Gen. Laws §
											12-25-18(f), the
				  decision of the Administrator shall be final.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Regulations Pertaining to the Crime Victim Compensation Program › Section 120-RICR-00-00-2.11 - Obligations of the Applicant

Current through June 14, 2024
A. Applicant's
				  Obligations: An Applicant shall have the following obligations with respect to
				  an application for compensation:
1. The
				  application must be made on an application form provided by the
				  office;
2. The application must be
				  signed by the Applicant under the pains and penalties of perjury;
3. The application must be accompanied by
				  copies of bills and other supporting documentation necessary to verify the
				  application; and
4. The application
				  must contain a release of information necessary to investigate the
				  application.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Regulations Pertaining to the Crime Victim Compensation Program › Section 120-RICR-00-00-2.12 - Recovery from Offender

Current through June 14, 2024
A. Whenever any
				  person is convicted of an offense and compensation is awarded for a personal
				  injury or death resulting from the act constituting the offense, the state of
				  Rhode Island shall institute an action against that person for the recovery of
				  the whole or any specified part of the compensation in the Superior Court of
				  the state of Rhode Island in any county, or in the state or federal court of
				  any other state or district in which that person resides or is found.
B. The Administrator shall pursue such
				  recovery whenever possible in order to provide additional funds for the violent
				  crimes indemnity account. If such action is impractical or impossible, the
				  Administrator shall make a finding in writing stating the reasons why such
				  action is not instituted.
C. When a
				  court orders a defendant to make financial restitution to the victim of a crime
				  to whom compensation has been awarded pursuant to R.I. Gen. Laws §§
										12-25-1
et seq
.,
				  the state of Rhode Island may enforce the civil judgment entered by the trial
				  court against the defendant on behalf of the victim pursuant to R.I. Gen. Laws
				  §
										12-28-5.1.
D. An action instituted by the state of Rhode
				  Island against any person for the recovery of the whole or any specified part
				  of the compensation awarded as mentioned herein must be commenced within ten
				  (10) years from the date compensation is awarded by the office.
E. Notwithstanding the provisions of §
										2.9 of this Part, in the
				  event that an offender files an application for compensation with the office,
				  the Administrator shall have the authority to reduce any amount of compensation
				  awarded to the offender by any sum awarded to the victim of the
				  offender.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Regulations Pertaining to the Crime Victim Compensation Program › Section 120-RICR-00-00-2.13 - Confidentiality of Records

Current through June 14, 2024
All medical records, mental health counseling records,
					 psychiatric records, employment information, personal financial information and
					 investigative records received, obtained or maintained by the office in
					 connection with any application for compensation shall be maintained as
					 confidential investigative material, and shall not be released or disclosed to
					 any person or entity whatsoever, except as authorized by the Applicant or as
					 otherwise provided by law. The application and the notice of award or denial
					 shall be deemed public records, unless otherwise provided by
					 law.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Rules and Regulations Governing the Public Finance Management Board (120-RICR-00-00-4) › Section 120-RICR-00-00-4.1 - Creation

Current through June 14, 2024
The Public Finance Management Board (the "Board") is
					 established under the provisions of R.I. Gen. Laws §
										42-10.1-1, as enacted by Chapter
					 477 of the Public Laws of 1986, effective June 25, 1986, as amended (the
					 "Act").
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Rules and Regulations Governing the Public Finance Management Board (120-RICR-00-00-4) › Section 120-RICR-00-00-4.2 - Purpose

Current through June 14, 2024
A. The purpose and responsibilities of the
				  Board are:
1. To allocate tax-exempt and
				  taxable bond issuance capacity and/or federal tax credits among all bond
				  issuers in the State of Rhode Island.
2. To advise and assist all state
				  departments, municipal and regional authorities, agencies, boards, commissions,
				  public and quasi-public corporations, and fire districts and other special
				  districts having authority to issue revenue or general obligation bonds or
				  GARVEE bonds or notes or other various types of conduit debt or enter into
				  financing leases with respect to issuance of and financial planning related to
				  all such bonds, leases, and notes.
3. To advise and/or assist any city or town
				  and any municipal or regional agency, authority, board, commission, public or
				  quasi-public corporations, or fire districts or other special districts having
				  authority to issue revenue or general obligation bonds or GARVEE bonds or notes
				  or other various types of conduit debt or enter into financing leases with
				  respect to the issuance and financial planning related to such bonds, leases,
				  and notes.
4. To collect, maintain,
				  and provide information on all state, municipal and regional authority, agency,
				  board, commission, public or quasi-public corporation, and fire district and
				  other special district debt authorization, sold and outstanding, and serve as a
				  statistical center for all state and municipal debt issues.
5. To collect, maintain, and provide
				  information on all state, municipal and regional authority, agency, board,
				  commission, public or quasi-public corporation, and fire district and other
				  special district debt authorization, sold and outstanding, and serve as a
				  statistical center for all state and municipal debt issues.
6. To undertake or commission studies on
				  methods to reduce the costs and improve credit ratings of state and local debt
				  issues.
7. To recommend changes in
				  state laws and local practices to improve the sale and servicing of state and
				  local debts.
8. To annually
				  ascertain the total amount of state, regional, municipal, and public and
				  quasi-public debt authorized, sold and unsold.
9. To oversee the undertaking of a debt
				  affordability study no less frequently than every two (2) years, which shall
				  include recommended limits for the debt capacity of each state, municipal and
				  regional authority, agency, board, commission, public and quasi-public
				  corporation and fire district and other special district having authority to
				  issue revenue or general obligation bonds or GARVEE bonds or notes or other
				  types of conduit debt or enter financing leases.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Rules and Regulations Governing the Public Finance Management Board (120-RICR-00-00-4) › Section 120-RICR-00-00-4.3 - Membership

Current through June 14, 2024
A. The Board shall consist of nine (9)
				  Members, comprised as follows:
1. The General
				  Treasurer or his or her designee.
2. The Director of the Department of
				  Administration or his or her designee.
3. Three (3) Members of the general public to
				  be appointed by the Governor, with the advice and consent of the
				  Senate.
4. Two (2) representatives
				  of the general public to be appointed by the General Treasurer, with the advice
				  and consent of the Senate, from a list of five candidates submitted by the
				  Rhode Island League of Cities and Towns.
5. Two (2) Members of the general public to
				  be appointed by the General Treasurer, with the advice and consent of the
				  Senate.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Rules and Regulations Governing the Public Finance Management Board (120-RICR-00-00-4) › Section 120-RICR-00-00-4.4 - Officers

Current through June 14, 2024
A. The General Treasurer, or his or her
				  designee, shall serve as Chairperson and shall preside at meetings of the
				  Board
B. The Board shall annually
				  elect, by majority vote, one of its Members as Vice-Chairperson and one of its
				  Members as Secretary.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Rules and Regulations Governing the Public Finance Management Board (120-RICR-00-00-4) › Section 120-RICR-00-00-4.5 - Meetings

Current through June 14, 2024
A. The Board shall meet on the call of the
				  Chairperson, at the request of the Governor, at the request of a majority of
				  the Members of the Board, and/or upon a regular schedule established by the
				  Board.
B. The Chairperson or other
				  person(s) requesting a meeting shall give reasonable notice thereof to all
				  members of the Board.
C. A record
				  of all business transacted at each meeting shall be kept and shall be certified
				  by the Secretary or the Chairperson.
D. All meetings shall be conducted pursuant
				  to the provisions of R.I. Gen. Laws Chapter 42-46, as the same may be amended
				  from time to time.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Rules and Regulations Governing the Public Finance Management Board (120-RICR-00-00-4) › Section 120-RICR-00-00-4.6 - Quorum/Majority

Current through June 14, 2024
A. Four Members of the Board shall constitute
				  a quorum for the transaction of business.
B. At any meeting, a majority vote of all
				  Members of the Board shall be required for the election of officers and the
				  enactment, material modification or repeal of any allocation or rule.
C. At any meeting, a majority of
				  those Members present shall be sufficient to enact any other business.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Rules and Regulations Governing the Public Finance Management Board (120-RICR-00-00-4) › Section 120-RICR-00-00-4.7 - Debt Ceilings

Current through June 14, 2024
The Board shall, as soon as it is practicable after the
					 effective date of these rules and thereafter in January of each calendar year,
					 determine and announce the State tax-exempt and taxable bond issuance capacity
					 for that calendar year as provided under the provisions of the Internal Revenue
					 Code.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Rules and Regulations Governing the Public Finance Management Board (120-RICR-00-00-4) › Section 120-RICR-00-00-4.8 - Allocation

Current through June 14, 2024
A. Purpose. One of the principal functions of
				  the Board is to allocate private activity tax-exempt, taxable and/or federal
				  tax-credit bond issuance capacity ("Cap") among all bond issuers in the State.
1. Under the provisions of the Act and
				  pursuant to §
											4.7 of this Part, the Board
				  announces the Cap of the State in January of each year, pursuant to the
				  provisions of the Internal Revenue Code. The Board has the authority to pass a
				  resolution to establish the allocation of the Cap among bond issuers in the
				  State of Rhode Island (the "Allocation Resolution"). Any Allocation Resolution
				  may contain such conditions as the Board deems appropriate and any general
				  allocation may provide for a reserve allocation to the Board of amounts within
				  the aggregate State Cap limit not otherwise allocated to bond issuers. The
				  Board may subsequently, after hearing and at its discretion, allocate part or
				  all of such reserve amounts upon application of bond issuers. Any allocation
				  made by the Board is irrevocable upon the issuance of bonds, except that any
				  time prior to bond issuance, the Board may, after notice and hearing, alter,
				  modify, amend or repeal any allocation.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Rules and Regulations Governing the Public Finance Management Board (120-RICR-00-00-4) › Section 120-RICR-00-00-4.9 - Reporting Requirements

Current through June 14, 2024
A. Each state,
				  municipal and regional department, authority, agency, board, commission, public
				  or quasi-public corporation, and fire district and other special district
				  having authority to issue revenue or general obligation bonds or GARVEE bonds
				  or notes or other various types of conduit debt shall, no later than thirty
				  (30) days prior to the sale of any such debt issue at public or private sale,
				  give written notice of the proposed sale to the Board. Said notice of proposed
				  debt shall be made on a form approved by the Board and shall contain all of the
				  information requested on said form which shall include one proposed sale date,
				  the name of the issuer, the nature of the debt issue, and the estimated
				  principal amount thereof, and such further information as may be required by
				  rule of the board and shall be delivered in accordance with procedures to be
				  established by rule of the board.
B. Each such issuer shall, within thirty (30)
				  days after closing, submit to the Board a report of final sale on a form
				  approved by the Board and the report shall contain all of the information
				  requested on said form.
C. Any
				  issuer which fails to submit the report of proposed debt or report of final
				  sale by the appropriate deadline may be subject to a per diem fine of two
				  hundred fifty dollars ($250), which shall be collected and enforced by the
				  Office of the General Treasurer.
D.
				  Each state, municipal and regional authority, agency, board, commission, public
				  or quasi-public corporation, and fire district and other special district
				  having authority to issue revenue or general obligation bonds or GARVEE bonds
				  or notes or various types of conduit debt or enter into financing leases shall
				  provide annually, within ninety (90) days after the end of each fiscal year,
				  the following information for each outstanding debt incurred as of the end of
				  such year:
1. the principal amount of the
				  issue outstanding;
2. the amount of
				  proceeds of the issue that remains unspent;
3. the amount of debt authorized by the bond
				  act or other appropriate authorization relevant to the issue that remains
				  authorized but unissued; and
4. a
				  list of the purposes for which the debt has been issued and the amounts
				  expended for each purpose in the prior fiscal year from the proceeds of the
				  issue.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Rules and Regulations Governing the Public Finance Management Board (120-RICR-00-00-4) › Section 120-RICR-00-00-4.10 - Fees

Current through June 14, 2024
A. The lead underwriter or purchaser of any
				  taxable or tax exempt debt issue of the state, all state departments, any city
				  or town, any state, municipal and regional authorities, agencies, boards,
				  commissions, public or quasi-public corporations, and fire districts and other
				  special districts shall pay to the Public Finance Management Board an amount
				  equal to one-fortieth of one percent (1/40%) of the issued principal amount of
				  the issue; provided, however, if a governmental entity is the purchaser of
				  another governmental debt obligation which serves as underlying security for a
				  related debt issuance, the governmental entity shall be exempt from the
				  assessed fee on the purchase of the underlying obligation.
B. Amounts received under this Section shall
				  be deposited in the Public Finance Management Board Fund (the "Fund") in the
				  State Treasury.
C. The General
				  Treasurer is authorized to draw upon the Fund, in accordance with applicable
				  rules and procedures, to pay for the expenses incurred by the Board and by the
				  General Treasurer's Office in carrying out the purposes of R.I. Gen. Laws
				  Chapter 42-10.1.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Rules and Regulations Governing the Public Finance Management Board (120-RICR-00-00-4) › Section 120-RICR-00-00-4.11 - Support Services

Current through June 14, 2024
The Board may employ such staff, contract for such services
					 and incur such expenses, as it may deem necessary and appropriate to carry out
					 the purposes of R.I. Gen. Laws Chapter 42-10.1.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Rules and Regulations Governing the Public Finance Management Board (120-RICR-00-00-4) › Section 120-RICR-00-00-4.12 - Open Records

Current through June 14, 2024
All records of the Board shall be subject to public access
					 pursuant to the provisions of R.I. Gen. Laws Chapter 38-2.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Rules and Regulations Governing the Public Finance Management Board (120-RICR-00-00-4) › Section 120-RICR-00-00-4.14 - Advisory Opinions

Current through June 14, 2024
The Board shall have the authority to offer non-binding,
					 advisory opinions on all aspects of debt management practices of state,
					 municipal, and public and quasi-public corporations.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Rules and Regulations Governing the Public Finance Management Board (120-RICR-00-00-4) › Section 120-RICR-00-00-4.15 - Amendments

Current through June 14, 2024
A. Any interested person may petition the
				  Board requesting the enactment, amendment or repeal of any rule.
B. Whether the petition requests the
				  enactment of a rule, the proposed rule must be set out in full. The petition
				  must also include all the reasons for the proposed rule together with briefs of
				  any applicable law. Where no petition requests the amendment or repeal of a
				  rule presently in effect, the rule or portion of the rule in question must be
				  set out as well as suggested amended form, if any. The petition must include
				  all reasons for the requested amendment or repeal of the rule.
C. All petitions shall be considered by the
				  Board and the Board may, at its discretion, order a hearing for the further
				  consideration and discussion of the requested enactment, amendment or repeal of
				  any rule.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Rules and Regulations Governing the Public Finance Management Board (120-RICR-00-00-4) › Section 120-RICR-00-00-4.16 - Effective Date

Current through June 14, 2024
These Rules and Regulations were approved by the PFMB on
					 September 22, 2016 and shall take effect twenty (20) days after filing with the
					 Department of the Secretary of State, amending and superseding the prior rules
					 and regulations promulgated on October 13, 2010.
Notice Given on: July 29, 2016
Public Hearing Held: September 12, 2016
Filing Date: October 6, 2016
Effective Date: October 26, 2016
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 5 - Regulations for the Conduct of Public Hearings Regarding Proposed Rulemaking › Section 120-RICR-00-00-5.1 - Purpose

Current through June 14, 2024
To establish a defined set of procedures for the Office of
					 the General Treasurer for the conduct of Public Hearings regarding Proposed
					 Rulemaking.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 5 - Regulations for the Conduct of Public Hearings Regarding Proposed Rulemaking › Section 120-RICR-00-00-5.2 - Authority

Current through June 14, 2024
This regulation is promulgated pursuant to the authority
					 granted in R.I. Gen. Laws §
										42-35-2(a)(4).
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 5 - Regulations for the Conduct of Public Hearings Regarding Proposed Rulemaking › Section 120-RICR-00-00-5.3 - Definitions

Current through June 14, 2024
A. "Agency" means the State of Rhode Island
				  Office of the General Treasurer, including the Employees' Retirement System of
				  Rhode Island and all other departments within the Office of the General
				  Treasurer.
B. "Agency head" means
				  the General Treasurer.
C. "Member
				  of the public" means any individual, firm, business, corporation, association,
				  partnership, or other group or entity.
D. "Presiding agency official" means the
				  Agency employee conducting the Public Hearing.
E. "Public hearing" means the convening of
				  Members of the Public and Agency personnel for the purpose of obtaining public
				  comment on a Proposed Rulemaking.
F. "Proposed rulemaking" means a proposed new
				  rule, proposed amendment to a rule, or proposed repeal of a rule as noticed
				  pursuant to R.I. Gen. Laws §
										42-35-2.7.
G. "Rules Coordinator" means the individual
				  designated by the Agency pursuant to R.I. Gen. Laws §
										42-35-2.1 who shall have knowledge
				  of the subjects of rules being proposed, maintain the records of any rules
				  action including the rule-making file, and respond to public inquiries about
				  proposed rules and the identity of the agency personnel working, reviewing, or
				  commenting on the proposed rules.
H. "Speaker list" means a list provided by
				  the Agency that is accessible by Members of the Public during the Public
				  Hearing to which Members of the Public must add their names if they wish to
				  make oral testimony at the Public Hearing. This list must be accessible to
				  Members of the Public at least 15 minutes prior to the start of the Public
				  Hearing at the location of the Public Hearing.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 5 - Regulations for the Conduct of Public Hearings Regarding Proposed Rulemaking › Section 120-RICR-00-00-5.4 - Procedure for Conducting a Public Hearing

Current through June 14, 2024
A. Convening of
				  a Public Hearing
1. Public Hearings may be
				  held at the election of the Agency or as required pursuant to R.I. Gen. Laws §
											42-35-2.8(c). A
				  Public Hearing is required if the Agency receives a request for a Public
				  Hearing from twenty-five (25) persons, or by a governmental agency, or by an
				  association having not less than twenty-five (25) members, within ten (10) days
				  of a notice posted in accordance with §
											5.4(A)(2) of
				  this Part.
2. Notice of Public
				  Hearings shall be issued in accordance with the provisions of R.I. Gen. Laws §§
											42-35-2.7,
				  42-35-2.8, and
				  42-46-6, when applicable.
3. Public Hearings must be open to
				  the public.
4. The Public Hearing
				  shall be held at a time and place designated by the Agency. The Public Hearing
				  must not be held earlier than ten (10) days after notice of its location, date,
				  and time is published on the Secretary of State's website and must be held at
				  least five (5) days before the end of the public comment period pursuant to
				  R.I. Gen. Laws §
											42-35-2.8(c) and
				  (d).
5. In attendance on behalf of the Agency at
				  the Public Hearing shall be the Presiding Agency Official, the Agency's Rules
				  Coordinator, Agency legal counsel, and a representative from the specific
				  department within the Agency to which the Proposed Rulemaking pertains, if any
				  such department. One individual may fill one or more of these roles where
				  applicable.
6. The Presiding
				  Agency Official shall preside over the Public Hearing. If the Presiding Agency
				  Official is not the Agency head, the Presiding Agency Official shall prepare a
				  memorandum summarizing the contents of the presentations made at the hearing
				  for consideration by the Agency head.
Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 5 - Regulations for the Conduct of Public Hearings Regarding Proposed Rulemaking › Section 120-RICR-00-00-5.5 - Procedure for Concluding a Public Hearing

Current through June 14, 2024
A. In the event
				  that no Member of the Public attends a Public Hearing, the Presiding Agency
				  Official shall conclude the Public Hearing 15 minutes after it begins. Prior to
				  the conclusion of the meeting, the Presiding Agency Official must record that
				  no Member of the Public was present. No other testimony or presentation shall
				  be required by the Agency.
B. When
				  Members of the Public are present at a Public Hearing, the Public Hearing shall
				  conclude when each Member of the Public whose name appears on the Speaking List
				  has had the opportunity to give testimony and there are no Members of the
				  Public left who wish to give testimony.
Rhode Island Code of Regulations › Title 130 - AUDITOR GENERAL › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Maximum Levy - Standards and Procedures for Certification of an Emergency Situation in Accordance with R.I. Gen. Laws Section 44-5-2 (as amended) for Rhode Island Cities and Towns and for Certain Fire Districts (when specified by law) › Section 130-RICR-00-00-1.1 - General

Current through June 14, 2024
A. Under the provision of R.I. Gen. Laws §
										44-5-2 (as amended), a municipal entity (see Definitions) may not adopt a levy that exceeds four percent (4%) of the prior year tax levy unless certain statutory conditions are met.
B. Statutory Conditions: A municipal entity subject to R.I. Gen. Laws §
										44-5-2 (as amended), may experience financial conditions in the nature of an emergency that require an increase in the tax levy in excess of the four percent (4%) statutory limit. The existence of the emergency must be certified by the Auditor General.
C. The Department of Revenue has established procedures for monitoring compliance with R.I. Gen. Laws §
										44-5-2 (as amended) and for certifying such conditions as require the Department's certification under the law.
D. In accordance with R.I. Gen. Laws §
										44-5-2 (as amended) and the Administrative Procedures Act, the Auditor General adopts the following standards and procedures for the certification of an emergency situation.
Rhode Island Code of Regulations › Title 130 - AUDITOR GENERAL › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Maximum Levy - Standards and Procedures for Certification of an Emergency Situation in Accordance with R.I. Gen. Laws Section 44-5-2 (as amended) for Rhode Island Cities and Towns and for Certain Fire Districts (when specified by law) › Section 130-RICR-00-00-1.3 - Notification of an Emergency Situation

Current through June 14, 2024
A. The municipal entity shall notify the Auditor General if it experiences or anticipates an emergency situation or situations.
B. The notification shall be given at least sixty (60) days prior to the date for approval of the budget, or upon occurrence if less than sixty (60) days.
C. The notification shall be in writing and signed by the chief executive officer of the municipal entity.
D. The notification shall identify each emergency situation.
E. The notification shall be suitably documented (including forms required by the Office of the Auditor General):
1. The documentation shall include, at a minimum, the facts considered by the municipal entity; the amount of the general fund budget; the amount of the maximum property tax levy allowed under R.I. Gen. Laws §
											44-5-2, as amended (i.e., prior year levy plus the statutory limit); the dollar impact on the general fund budget of each emergency situation; availability of other revenue sources; and the amount by which the maximum levy would be exceeded.
2. The municipal entity shall also identify any levy in excess of the statutory limit resulting from conditions allowed under R.I. Gen. Laws §
											44-5-2 and which have been certified by the Department of Revenue. Such conditions include a loss of non-property tax revenue, an increase in debt service expenditures, or a substantial growth in the tax base.
Rhode Island Code of Regulations › Title 130 - AUDITOR GENERAL › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Maximum Levy - Standards and Procedures for Certification of an Emergency Situation in Accordance with R.I. Gen. Laws Section 44-5-2 (as amended) for Rhode Island Cities and Towns and for Certain Fire Districts (when specified by law) › Section 130-RICR-00-00-1.4 - Certification by the Auditor General

Current through June 14, 2024
The Auditor General will respond in writing, no later than thirty (30) days after receipt of the notification by the municipal entity. The Auditor General shall either certify the existence of the emergency situation to the Department of Revenue or deny certification. The Auditor General shall state the reasons for denial.
Rhode Island Code of Regulations › Title 130 - AUDITOR GENERAL › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Maximum Levy - Standards and Procedures for Certification of an Emergency Situation in Accordance with R.I. Gen. Laws Section 44-5-2 (as amended) for Rhode Island Cities and Towns and for Certain Fire Districts (when specified by law) › Section 130-RICR-00-00-1.5 - Appeals

Current through June 14, 2024
A. Appeals to Rules - Any person may petition the Auditor General, requesting the amendment or repeal of any rule herein adopted.
B. Appeals to Decisions - Any official may petition the Auditor General for review of his decision on any request filed in accordance with the rules herein adopted.
C. Filing of Appeals - All appeals to rules or decisions shall be made in writing to the Auditor General stating the nature and reason for said appeal.
D. Hearings - Within five (5) calendar days of the receipt of an appeal, the Auditor General shall notify the petitioner of a date upon which said appeal shall be heard.
E. Administrative Procedures - All hearings and procedures shall comply with the requirements of R.I. Gen. Laws Chapter 42-35 entitled "Administrative Procedures".
Rhode Island Code of Regulations › Title 152 - Unauthorized Practice of Law Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Procedures and Rules of Practice › Section 152-RICR-00-00-1.1 - Composition - Appointment -Terms

Current through June 14, 2024
A. Pursuant to R.I. Gen. Laws §
										11-27-19, the Unauthorized Practice of Law Committee ("Committee") shall be appointed by the Supreme Court. Its members shall be thirteen (13) in number including the Clerk of the Supreme Court or his or her designee, eleven (11) members of the Rhode Island Bar, and one (1) member of the public.
B. The term of the Clerk of the Supreme Court shall be coterminous with his or her term of office. The other members of the Committee shall serve for terms of three (3) years and shall be eligible for re-appointment for a second three (3) year term. The terms of Committee members serving at the time of adoption of these Rules shall remain in accordance with previous order of this Court.
C. The Court shall designate one (1) member of the Committee to serve as chairperson who shall direct the performance of such administrative duties as may be required to the discharge the duties of the Committee.
D. The Clerk of the Supreme Court or his or her designee shall serve as the Committee's clerk.
Rhode Island Code of Regulations › Title 152 - Unauthorized Practice of Law Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Procedures and Rules of Practice › Section 152-RICR-00-00-1.2 - Jurisdiction

Current through June 14, 2024
The Unauthorized Practice of Law Committee is authorized to investigate complaints alleging that a person(s) has violated the provisions of R.I. Gen. Laws Chapter 11-27 and/or has otherwise engaged in the unauthorized practice of law.
Rhode Island Code of Regulations › Title 152 - Unauthorized Practice of Law Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Procedures and Rules of Practice › Section 152-RICR-00-00-1.3 - Meetings

Current through June 14, 2024
A. The Committee shall meet at such times and places as are necessary to discharge the duties made incumbent upon it by upon it by these rules, but no less than once a year.
B. The Committee members shall serve without compensation.
Rhode Island Code of Regulations › Title 152 - Unauthorized Practice of Law Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Procedures and Rules of Practice › Section 152-RICR-00-00-1.4 - Powers and Duties of the Committee

Current through June 14, 2024
A. The Committee shall have the following duties and powers subject to the approval of the Supreme Court:
1. to adopt, amend, and rescind any rules and regulations that it deems necessary to carry out the provisions of this section, a copy of which rules and regulations shall be filed with the secretary of state and available for public inspection;
2. to investigate all reports of activities which may constitute unauthorized practice of law and to hold hearings to determine whether the charges are substantiated or unsubstantiated;
3. to appoint legal counsel and any assistants that the committee deems necessary to act for the committee in investigating complaints brought before it;
4. to make contracts and arrangements for the performance of administrative and similar services required or appropriate in the performance of the committee's duties;
5. to issue subpoenas and administer oaths in connection with any investigations, hearings, or other proceedings held under the authority of this chapter;
6. to take or cause depositions to be taken as needed in any investigation, hearing, or proceeding; and
7. to summon and examine witnesses during any investigation, hearing, or proceeding conducted by the committee.
Rhode Island Code of Regulations › Title 152 - Unauthorized Practice of Law Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Procedures and Rules of Practice › Section 152-RICR-00-00-1.5 - Immunity

Current through June 14, 2024
A. Communications made to the Committee in good faith, relating to allegations of the unauthorized practice of law and testimony given in proceedings before the Committee shall be privileged, and no lawsuit predicated thereon may be instituted against any complainant or witness.
B. Members of the Committee, its agents, and employees shall be immune from suit for any conduct in the course of their official duties.
Rhode Island Code of Regulations › Title 152 - Unauthorized Practice of Law Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Procedures and Rules of Practice › Section 152-RICR-00-00-1.6 - Subpoena Powers

Current through June 14, 2024
A. At any stage in the proceedings, the members of the Committee severally are authorized and empowered to administer oaths; and the Committee is hereby authorized and empowered to summon and examine witnesses and to compel the production and examination of documents including, but not limited to, papers, books, accounts, documents, records, certificates, and other documentation that may be necessary or proper for the determination and decision of the Committee in the discharge of its duties.
B. The Committee may summon witnesses and require the production of documents, on its own or on behalf of the accused ("Respondent").
C. The Committee shall have the power to request the Presiding Justice of the Superior Court to enforce its subpoenas and to punish all intentional disregard of court orders as contempt.
Rhode Island Code of Regulations › Title 152 - Unauthorized Practice of Law Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Procedures and Rules of Practice › Section 152-RICR-00-00-1.7 - Expenses

Current through June 14, 2024
A. The administration of the Committee shall be funded from annual fees collected by this Court and credited to the Unauthorized Practice of Law Committee Administration Fund.
B. Any expenses or costs incurred by the Committee, its agents or employees in discharging their duties shall be paid by Committee clerk on order of this Court.
Rhode Island Code of Regulations › Title 152 - Unauthorized Practice of Law Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Procedures and Rules of Practice › Section 152-RICR-00-00-1.8 - Procedures

Current through June 14, 2024
A. Investigation and resolution of complaints. The Committee shall establish rules of procedure for the investigation and resolution of complaints including a process by which the Committee and the Respondent may informally resolve complaints. Any rules so adopted, amended or rescinded shall be submitted to this Court for approval, and will become operative only upon entry of an Order by this Court.
B. Review by the Supreme Court. Within thirty (30) days, if practical, after its conclusion of an investigation, the Committee shall make a written report of its findings of fact and its recommendations, and the report, together with the entire record, shall be immediately transmitted to the Chief Justice. The Committee may recommend that this Court approve any of the following resolutions:
1. an agreement between the Committee and the Respondent to dispose of the complaint which may include, but is not limited to, an order for restitution and/or community service;
2. dismissal of a complaint as unfounded or frivolous or for lack of probable cause pursuant to §§
											1.13(G)(1) or (2)     of this Part;
3. the Committee's filing of civil proceedings in the Superior Court to enjoin the conduct;
4. referring the matter to the Department of Attorney General for civil or criminal proceedings; or
5. any other disposition which is in the public's best interest.
Rhode Island Code of Regulations › Title 152 - Unauthorized Practice of Law Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Procedures and Rules of Practice › Section 152-RICR-00-00-1.9 - Finality of Committee Action

Current through June 14, 2024
Recommendations by the Committee which are approved by this Court shall be final barring any further action thereon by the Committee or the Attorney General that is inconsistent therewith. R.I. Gen. Laws §
										8-1-2.