Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 50 - Legal Services › Subchapter 10 - Administrative Adjudication › Part 1 - Rules Governing Declaratory Rulings and Petitions (220-RICR-50-10-1) › Section 220-RICR-50-10-1.5 - Petitions for Promulgation, Amendment or Repeal of any Rule or Regulation

Current through June 14, 2024
A. General. Pursuant to R.I. Gen. Laws §
										42-35-6,
				 any interested person may petition the Department requesting the promulgation,
				 amendment or repeal of any Department rule or regulation. Where the petition
				 requests the promulgation of a rule or regulation, the requested or proposed
				 rule or regulation must be set out in full. The petition must also include the
				 basis for the requested rule or regulation together with briefs of any
				 applicable law. Where the petition requests the amendment or repeal of a rule
				 or regulation, the current rule or regulation must be set out as well as a
				 suggested amended form, if any. The petition must include the basis for the
				 requested amendment or repeal of the rule or regulation. All petitions shall be
				 considered by the Department and the Director, who in his/her discretion, may
				 order a hearing be held for further consideration and discussion on the
				 requested promulgation, amendment or repeal of any rule or
				 regulation.
B. Form of Petition.
				 Any interested person petitioning the Department requesting the promulgation,
				 amendment or repeal of any rule or regulation shall generally adhere to the
				 following form for such purpose:
1. At the
				 top of the page shall appear the wording "Before the Department of
				 Administration." On the left side of the page below the foregoing, the
				 following caption shall be set out: "In the Matter of the Petition of (name of
				 petitioning party) for (state whether promulgation, amendment or repeal) of
				 (identity rule or regulation)." Opposite the forgoing caption shall appear the
				 word "Petition."
2. The body of the
				 petition shall be set out in numbered paragraphs. The first paragraph shall
				 state the name and address of the petitioning party. The second paragraph shall
				 state whether the petitioner is requesting promulgation, amendment or repeal of
				 a rule or regulation. In the case of a request for promulgation of a rule or
				 regulation, the petitioner shall state such rule or regulation in its entirety.
				 In the case of a request for an amendment to a rule or regulation, the
				 petitioner shall state the rule or regulation or section thereof, with the
				 proposed language to be added underscored and the proposed language to be
				 deleted by crossing out. In the case of a request for repeal of a rule or
				 regulation, the petitioner shall state either the rule or the regulation in its
				 entirety or refer to it by Department number. The third paragraph shall contain
				 a statement as to the interest of the petitioner in the subject matter of the
				 rule or regulation. Subsequent numbered paragraph(s) shall be used to give full
				 explanation of petitioner's reasons including legal arguments for the action
				 sought.
3. Petitions shall be
				 signed and dated by the person named in the first paragraph or his or her
				 authorized representative.
4. The
				 original and two (2) copies shall be filed with the Department.
5. Petitions shall be submitted on 8 and
				 1/2 x 11"inch white paper.