reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 20 - Dealer Licensing and Registration › Part 1 - Dealers, Manufacturers, and Rental Licenses › Section 280-RICR-30-20-1.13 - Show Cause Hearings & Fines

Current through June 14, 2024
A. Show Cause
				 Hearings
1. If the Department has reason to
				 believe that any person, firm, corporation or association is: Violating the
				 provisions of these rules or R.I. Gen. Laws Chapter 31-5 or 31-5.1, the
				 Department may issue its order to such person, firm, corporation or association
				 commanding them to appear at a hearing to be held not sooner than ten (10) days
				 after issuance of said order to show cause why the Department should not issue
				 an order to said person, firm, corporation or association to cease and desist
				 from such violation of the provisions of this chapter. If upon such hearing the
				 Hearing Board shall be satisfied that such person is in fact violating any
				 provision of this chapter, then it shall order such person, in writing, to
				 cease and desist from such violation or may in its discretion suspend or revoke
				 the license. In the case of suspension or revocation, the Department must have
				 complied with the notice provisions of §
											1.12(B)     of this Part. All such
				 hearings shall be conducted in accordance with the Administrative Procedures
				 Act, R.I. Gen. Laws Chapter 42-35. If such person shall thereafter fail to
				 comply with the order of the Department, the Superior Court for the State of
				 Rhode Island shall have jurisdiction upon the complaint of the Department to
				 restrain and enjoin such person from violating this chapter.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 20 - Dealer Licensing and Registration › Part 1 - Dealers, Manufacturers, and Rental Licenses › Section 280-RICR-30-20-1.14 - Denial, Suspension, & Revocation

Current through June 14, 2024
A. Reason for
				 Denial
1. The Department may deny, suspend or
				 revoke a license obtained under these chapters on any grounds found in R.I.
				 Gen. Laws §§
											31-5-11 and
				  31-5-23,
				 or for any violation of R.I. Gen. Laws Chapter 31-5.1 or of these Regulations.
				 No license may be suspended or revoked until after hearing.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 20 - Dealer Licensing and Registration › Part 1 - Dealers, Manufacturers, and Rental Licenses › Section 280-RICR-30-20-1.15 - Department Investigation and Action

Current through June 14, 2024
A. Investigations
1. The Department, pursuant to its own
				 authority, may initiate an investigation and take regulatory action against a
				 dealer, against an applicant for a dealer's license or applicant for renewal of
				 a dealer's license, against any person who is required to be licensed as a
				 dealer but is not, and against any person who is otherwise subject to the
				 regulatory or statutory authority of the Department. All such regulatory
				 actions shall be pursuant to applicable law and the rules and regulations
				 adopted pursuant thereto.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 20 - Dealer Licensing and Registration › Part 1 - Dealers, Manufacturers, and Rental Licenses › Section 280-RICR-30-20-1.16 - Representation

Current through June 14, 2024
A. Representation at Hearings
1. The Department shall notify the dealer
				 that he or she may retain legal counsel admitted to practice in the State of
				 Rhode Island. Said notification shall be set forth in the notice of
				 hearing.
2. Individuals, and
				 partners of partnerships, may appear pro se if they choose. An officer of a
				 corporation may represent a corporation as long as duly authorized by
				 corporation to act on its behalf in the matter. A Dealer may authorize, in
				 writing, an employee to represent the Dealer at a hearing.
3. If a dealer is not appearing pro se, or as
				 described herein, he or she must be represented by a member in good standing of
				 the Bar of the State of Rhode Island or by an out of state attorney admitted
				 pro hac vice by the Superior Court or by the appropriate court unless exempted
				 pursuant to R.I. Gen. Laws §
											11-27-11.
				 All attorneys appearing before the Board shall file a written entry of
				 appearance. All attorneys must conform to the standards of ethical conduct
				 required of practitioners before the courts of the State of Rhode
				 Island.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 20 - Dealer Licensing and Registration › Part 1 - Dealers, Manufacturers, and Rental Licenses › Section 280-RICR-30-20-1.17 - Filing of Pleadings and Other Documents

Current through June 14, 2024
A.
				 Title
1. All pleadings and other documents
				 filed with the Department in any hearing, whenever possible, shall state the
				 case number, if any, the title of the proceeding and the name of the person on
				 whose behalf the filing is made.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 20 - Dealer Licensing and Registration › Part 1 - Dealers, Manufacturers, and Rental Licenses › Section 280-RICR-30-20-1.18 - Time

Current through June 14, 2024
A. Computation
1. Unless otherwise specifically provided by
				 law, computation of any time period referred to in these rules shall begin with
				 the first day following the act which initiates the running of the time period
				 (including Saturday, Sunday and legal holidays). The last day of the time
				 period so computed is to be included unless it is a Saturday, Sunday or legal
				 holiday or any other day the Division of Motor Vehicles is closed, in which
				 case the period shall run until the end of regular business hours of the next
				 following business day.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 20 - Dealer Licensing and Registration › Part 1 - Dealers, Manufacturers, and Rental Licenses › Section 280-RICR-30-20-1.19 - Evidence

Current through June 14, 2024
A. Rules of Evidence
1. Irrelevant, immaterial or unduly
				 repetitious evidence shall be excluded in all proceedings wherein evidence is
				 taken. While the rules of evidence as applied in civil cases in the Superior
				 Courts of this state shall be followed to the extent practicable, the Board
				 shall not be bound by the technical evidentiary rules. Evidence not otherwise
				 admissible may be admitted, unless precluded by statute, when necessary to
				 ascertain facts not reasonably susceptible of proof under the rules, if the
				 evidence is of a type commonly relied upon by reasonably prudent persons in the
				 conduct of their affairs. The rules of privilege recognized by law shall apply.
				 Objections to evidentiary offers may be made and shall be noted in the
				 record.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 20 - Dealer Licensing and Registration › Part 1 - Dealers, Manufacturers, and Rental Licenses › Section 280-RICR-30-20-1.20 - Conduct of Hearings

Current through June 14, 2024
A. General:
				 Hearings shall be as informal as may be reasonable and appropriate under the
				 circumstances. All persons at a hearing shall conduct themselves in a manner
				 consistent with the standards of decorum commonly observed in any courtroom.
				 Where such decorum is not observed, the Board may take appropriate action
				 including ejection or adjournment, if necessary.
B. Record of Proceedings:
1. A complete record of the proceedings shall
				 be recorded on audiotape, digital recorder or similar electronic device or, at
				 the discretion of the Board, by stenographic record.
2. If a party chooses to appeal a decision to
				 Superior Court pursuant to R.I. Gen. Laws §
											42-35-1 et
				 seq. or to appeal a decision as otherwise provided by law and the Superior
				 Court (or another Court) requires a transcript of the hearing and there is only
				 an electronic recording of the hearing, said Party shall be responsible for
				 having the transcript prepared by an independent person or company at his, her
				 or its expense.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 20 - Dealer Licensing and Registration › Part 1 - Dealers, Manufacturers, and Rental Licenses › Section 280-RICR-30-20-1.21 - Default

Current through June 14, 2024
If any party to a proceeding fails to answer a complaint or
					 appear at a hearing, the Board may enter a default judgment against the
					 defaulting party, take such action based on the pleadings and/or other evidence
					 submitted by the nondefaulting party as the Board deems appropriate in its sole
					 discretion or take such other action as the Board deems appropriate in its sole
					 discretion.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 20 - Dealer Licensing and Registration › Part 1 - Dealers, Manufacturers, and Rental Licenses › Section 280-RICR-30-20-1.22 - Disqualification: Incapacity of Board Member

Current through June 14, 2024
A.
				 Disqualification
1. Any party may make a
				 motion requesting that a Board Member be disqualified or removed from the
				 proceeding. The motion shall be accompanied by an affidavit setting forth the
				 reasons for the request to disqualify. In the event that the motion to
				 disqualify is granted, the Board Member shall recuse himself/herself from the
				 hearing.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 20 - Dealer Licensing and Registration › Part 1 - Dealers, Manufacturers, and Rental Licenses › Section 280-RICR-30-20-1.23 - Miscellaneous

Current through June 14, 2024
A. Intervention
1. Any person claiming a right to intervene
				 or an interest of such a nature that intervention is necessary or appropriate
				 to the administration of the statute under which the proceeding is brought may
				 seek to intervene in any proceeding. Intervention may be initiated by filing a
				 motion to intervene with the Board.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 20 - Dealer Licensing and Registration › Part 1 - Dealers, Manufacturers, and Rental Licenses › Section 280-RICR-30-20-1.24 - Severability

Current through June 14, 2024
These Rules and Regulations are hereby declared to be
					 severable. If any portion of these Rules and Regulations shall at any time be
					 declared to be unenforceable or illegal, no other portion of such Rules and
					 Regulations shall be affected thereby.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 20 - Dealer Licensing and Registration › Part 2 - Motor Vehicle Leasing Licenses › Section 280-RICR-30-20-2.1 - Authority

Current through June 14, 2024
The following Rules and Regulations are promulgated to
					 administer R.I. Gen. Laws §§
										31-2-4 and
					  31-5-2.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 20 - Dealer Licensing and Registration › Part 2 - Motor Vehicle Leasing Licenses › Section 280-RICR-30-20-2.2 - Purpose

Current through June 14, 2024
The purpose of these rules is to prescribe conditions under
					 which the Division of Motor Vehicles of the Rhode Island Department of Revenue
					 will issue a Motor Vehicle Leasing License, pursuant to R.I. Gen. Laws §
										31-5-33.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 20 - Dealer Licensing and Registration › Part 2 - Motor Vehicle Leasing Licenses › Section 280-RICR-30-20-2.3 - Definitions

Current through June 14, 2024
A. Except as otherwise indicated, the
				 following definitions shall apply:
1.
				 "Applicant" means any individual, firm, corporation, partnership or agency that
				 has filed a Motor Vehicle Leasing License Application.
2. "Application" means Motor Vehicle Leasing
				 License Application.
3. "Deputy
				 Director" means the Deputy Director for Motor Vehicles or his
				 designee.
4. "Division" means the
				 Division of Motor Vehicles
5.
				 "Lessee" means any person or form which leases a motor vehicle under a
				 contractual arrangement in which a charge is made for its use when title to the
				 vehicle is in a person or firm than the user.
6. "Motor vehicle lessor" means any person or
				 firm engaged in the business of regularly making available, offering to make
				 available, or arranging for another person to use a motor vehicle pursuant to a
				 bailment, lease, or other contractual arrangement under which a charge is made
				 for its use at a periodic rate for any length of time, and title to the motor
				 vehicle is in a person or firm other than the user.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 20 - Dealer Licensing and Registration › Part 2 - Motor Vehicle Leasing Licenses › Section 280-RICR-30-20-2.4 - License Process

Current through June 14, 2024
A. No person shall
				 engage in the business of regularly making available, offering to make
				 available, or arranging to use a motor vehicle for purposes of a lease thereof,
				 in this State, unless he has obtained a motor vehicle leasing license from the
				 Division of Motor Vehicles.
B. Each
				 person applying for a motor vehicle leasing license shall annually, before the
				 first day of January or prior to doing business, make out and deliver to the
				 Deputy Director of the Division for Motor Vehicles, upon a blank form to be
				 furnished by the Deputy Director for that purpose, an application for a motor
				 vehicle leasing license. The application shall be in the form prescribed by the
				 Deputy Director, shall be signed and sworn to by the applicant, and in addition
				 to such other information as is required by the Deputy Director, shall include
				 the following:
1. Name of applicant and
				 location of principal place of business;
2. Name or style under which business is to
				 be conducted and, if a corporation, the state of incorporation;
3. Name and address of each owner or partner
				 and, if a corporation, the name of officers and directors;
4. The address of each place or business in
				 which the business is to be conducted;
5. A photograph of each place of business
				 operated, or to be operated, by the applicant;
6. A statement of the previous history,
				 record, and association of the applicant and each owner, partner, officer and
				 director, that shall be sufficient to establish to the satisfaction of the
				 Registrar the reputation in business of the applicant;
7. A statement showing whether the applicant
				 has previously applied for a motor vehicle leasing license, and the result of
				 the application and whether the applicant has ever been the holder of any such
				 license that was revoked or suspended;
8. If the applicant is a corporation or
				 partnership, a statement showing whether any partner, employee, officer or
				 director has been refused a motor vehicle leasing license, or motor vehicle
				 dealer's license, or has been the holder of any such license that was revoked
				 or suspended.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 20 - Dealer Licensing and Registration › Part 2 - Motor Vehicle Leasing Licenses › Section 280-RICR-30-20-2.5 - Fees

Current through June 14, 2024
A. No application, or resubmission of a
				 denied application for a motor vehicle leasing dealer's license will be
				 accepted from any person, firm, corporation or other entity without payment of
				 the applicable fee pursuant to R.I. Gen. Laws §
										31-5-34.
B. Payment must be in the form of a check or
				 money order made payable to the Division of Motor Vehicles. CASH PAYMENT WILL
				 NOT BE ACCEPTED.
C. Fees are not
				 refundable.
D. The license obtained
				 upon approval of the application and payment of the fee shall be valid for the
				 calendar year in which the license is issued.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 20 - Dealer Licensing and Registration › Part 2 - Motor Vehicle Leasing Licenses › Section 280-RICR-30-20-2.6 - Proof of Financial Responsibility for Leased Vehicles

Current through June 14, 2024
A. The owner of any motor vehicle offered for
				 lease in this state by a motor vehicle lessor shall provide proof of financial
				 responsibility to the Division of Motor Vehicles as required by R.I. Gen. Laws
				 §
										31-34-1.
B. A proprietor, partnership, or corporation
				 owning more than one motor vehicle offered for lease in this state by an
				 authorized motor vehicle lessor shall file one financial responsibility form
				 covering all vehicles owned by such party.
C. Unless proof of financial responsibility
				 is continuous at all times, the motor vehicle leasing license of the owner and
				 all motor vehicle registrations of leased vehicles will be cancelled.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 20 - Dealer Licensing and Registration › Part 2 - Motor Vehicle Leasing Licenses › Section 280-RICR-30-20-2.7 - Revocation of License

Current through June 14, 2024
A. Any licensee
				 convicted of any fraudulent act in connection with selling or leasing motor
				 vehicles during the term of the motor vehicle leasing license shall have the
				 license revoked forthwith by the Deputy Director.
B. Any licensee unable to satisfactorily
				 maintain the financial ability to promptly pay a final judgment rendered
				 against it, or which fails or refuses to pay a final judgment rendered against
				 it during the term of the license, shall have the license revoked forthwith by
				 the Deputy Director.
C. The Deputy
				 Director shall notify any party whose license is revoked for any of the reasons
				 cited in this section by mailing to the licensee, postage prepaid, a written
				 Notice of Revocation stating the ground or grounds for such revocation and the
				 effective date thereof, and designating the place and time, not to exceed 20
				 days, for a hearing thereon before the Deputy Director, if such hearing is
				 requested by the licensee.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 20 - Dealer Licensing and Registration › Part 3 - Driver Safety for Motorized Bicycle, Motorized Tricycle & Moped Renters › Section 280-RICR-30-20-3.1 - Authority

Current through June 14, 2024
Pursuant to R.I. Gen. Laws §§
										31-2-4 and
					  31-5-2,
					 the Rhode Island Department of Revenue adopts rules and regulations in
					 reference to the rental of Motorized Bicycles, Motorized Tricycles and Mopeds
					 in the State of Rhode Island.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 20 - Dealer Licensing and Registration › Part 3 - Driver Safety for Motorized Bicycle, Motorized Tricycle & Moped Renters › Section 280-RICR-30-20-3.2 - Purpose

Current through June 14, 2024
This regulation states rental agency requirements for
					 rentals of Motorized bicycles, Motorized tricycles, and Mopeds in order to
					 promote highway safety and protect the lives and property of both residents and
					 non-residents of the State of Rhode Island.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 20 - Dealer Licensing and Registration › Part 3 - Driver Safety for Motorized Bicycle, Motorized Tricycle & Moped Renters › Section 280-RICR-30-20-3.3 - Applicability

Current through June 14, 2024
These regulations shall apply to every licensed rental
					 agency of Motorized bicycles, Motorized tricycles and Mopeds in the State of
					 Rhode Island.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 20 - Dealer Licensing and Registration › Part 3 - Driver Safety for Motorized Bicycle, Motorized Tricycle & Moped Renters › Section 280-RICR-30-20-3.4 - Definitions

Current through June 14, 2024
A. "Licensed rental agency" means any agency
				 licensed to do business in the State of Rhode Island under R.I. Gen. Laws
				 §
										31-5-33 and engaged in the business of renting Motorized bicycles, Motorized tricycles
				 and Mopeds.
B. "Moped" means a
				 popular name for vehicle designated as Motorized bicycle, pursuant to R.I. Gen.
				 Laws §
										31-1-3.
C. "Motorized bicycle" means a two wheel (2)
				 vehicle which may be propelled by human power or helper motor, or by both, with
				 a motor rated not more than four (4) and nine-tenths (4.9) horsepower and not
				 greater than fifty (50) cubic centimetres, that are capable of maximum speed of
				 not more than thirty (30) miles per hour, pursuant to R.I. Gen. Laws §
										31-1-3(n).
D. "Motorized tricycle" means a tricycle
				 which may be propelled by human power or helper motor, or by both, with a motor
				 rated no more than 1.5 brake horsepower which is capable of a maximum speed of
				 not more than thirty (30) miles per hour.
E. "Qualified operator" means any person
				 operating a Motorized bicycle, Motorized tricycle or Moped who is at least
				 sixteen years of age and who possesses a valid license as an operator under the
				 provisions of R.I. Gen. Laws Chapter 31-10.
F. "Renter" means any renter of a Motorized
				 bicycle, Motorized tricycles or Moped who must, in fact, be the operator of
				 that vehicle, and have been certified under these rules and
				 regulations.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 20 - Dealer Licensing and Registration › Part 3 - Driver Safety for Motorized Bicycle, Motorized Tricycle & Moped Renters › Section 280-RICR-30-20-3.5 - Conditions

Current through June 14, 2024
A. On renting a Motorized bicycle, Motorized
				 tricycle, or Moped, all operators and passengers of said vehicles must be
				 offered a safety helmet and eye protection by the licensed rental
				 agency.
B. At the time of rental,
				 all operators and passengers must be wearing shoes and shirts or rental shall
				 be refused.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 40 - Division of Municipal Finance › Subchapter 00 - N/A › Part 1 - Standards and Procedures for Property Tax and Fiscal Disclosure for Rhode Island Cities and Towns (280-RICR-40-00-1) › Section 280-RICR-40-00-1.1 - AUTHORITY AND PURPOSE

Current through June 14, 2024
1.1.1
AUTHORITY FOR REGULATIONS
The following rules and regulations concerning the
					 standards and procedures for property tax and fiscal disclosure for Rhode
					 Island cities and towns ("Rules and Regulations") are promulgated by the
					 Division of Municipal Finance ("Division") in accordance with R.I. Gen. Laws
					 §
											44-35-4.
1.1.2
PURPOSE
These Rules and Regulations are intended to provide cities
					 and towns with standards and procedures to follow when preparing the "Proposed
					 Property Tax Rate" and "Adjusted Current Property Tax Rate".
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 40 - Division of Municipal Finance › Subchapter 00 - N/A › Part 1 - Standards and Procedures for Property Tax and Fiscal Disclosure for Rhode Island Cities and Towns (280-RICR-40-00-1) › Section 280-RICR-40-00-1.2 - DEFINITIONS

Current through June 14, 2024
A. For the purposes of these Rules and
				 Regulations, the following terms shall have the following meaning:
1. "Adjusted Current Property Tax Rate" means
				 the estimated property tax rate that would be necessary in the next fiscal year
				 to raise the maximum levy authorized by R.I. Gen. Laws §
											44-5-2.
2. "Chief Elected Official" means the person
				 in the respective municipality who holds the highest elected municipal
				 office
3. "Division" means the
				 Division of Municipal Finance
4.
				 "First Hearing for the Purpose of Adopting the Town or City Budget" means that
				 hearing which presents a citizen with the last opportunity to have a
				 recommendation for change in the proposed budget implemented. For communities,
				 which hold a financial town meeting, the first hearing for the purpose of
				 adopting the budget would be the financial town meeting. Where home rule
				 charters require either one or a series of budget adoption hearings, first
				 hearing would be the first in the series. First hearing does not apply to
				 hearings required on proposed budgets by budget commissions, mayor, manager,
				 city or town councils, or any other local authority. In these cases, current
				 procedures prescribed by other state law, home rule charters or local
				 ordinances would be followed with no additional requirements from this Act or
				 Procedures during the process.
5.
				 "Net Assessed Values" means the total values of real property, personal
				 property and motor vehicles excise value, less personal property
				 exemption.
6. "Official" means the
				 chief executive officer who is primarily responsible for the conduct of the
				 municipality's governmental affairs such as a mayor, administrator, first
				 warden, or town council president.
7. "Proposed Property Tax Levy" means the
				 estimated revenue which is to be derived from the assessed values of real
				 property, personal property and motor vehicle excise values, for support of the
				 proposed municipal budget. Estimated revenue shall include adjustments for the
				 municipality's historical rate of tax collections.
8. "Proposed Property Tax Rate" means the
				 estimated property tax rate that is proposed by a town or city to support its
				 operating budget for the town or city's next fiscal year. The proposed property
				 tax rate represents the city or town's best estimate of the actual tax rate
				 that property owners would pay.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 40 - Division of Municipal Finance › Subchapter 00 - N/A › Part 1 - Standards and Procedures for Property Tax and Fiscal Disclosure for Rhode Island Cities and Towns (280-RICR-40-00-1) › Section 280-RICR-40-00-1.3 - PROCEDURES

Current through June 14, 2024
A. Procedures for Proposed Property Tax Rate
				 Changes
1. No later than fifteen (15)
				 business days prior to the first hearing for the purpose of adopting the town
				 or city budget, the Chief Elected Official of each city or town shall submit to
				 the Chief of the Division of Municipal Finance the notice of proposed property
				 tax rate change in the form provided for in R.I. Gen. Laws §
											44-35-6.
2. At the time of filing the Notice of
				 Proposed Property Tax Rate Change, it is likely that net assessed values for
				 the proposed property tax levy will not have been certified by the city or town
				 assessor. In this case, assessed values shall be estimated and the following
				 documentation shall support the Notice of Proposed Property Tax Rate Change:
a. Estimated increase (decrease) in real
				 property value for the assessment year
b. Estimated increase (decrease) in real
				 property tax exemptions for the assessment year.
c. Estimated increase (decrease) in personal
				 property value for the assessment year
d. Estimated increase (decrease) in personal
				 property exemptions for the assessment year.
e. Estimated increase (decrease) in motor
				 vehicle excise values for the assessment year.
f. Estimated local non-property
				 revenue.
g. Estimated state revenue
				 to directly offset the proposed municipal budget
h. Estimated federal revenue to directly
				 offset the proposed municipal budget.
i. All other estimated revenue (specify) to
				 directly offset the proposed municipal budget
j. Percentage of current year property tax
				 collections for the three most recent years (specify which years).
3. Within five (5) business days
				 of receipt of the Notice of Proposed Property Tax Rate Change and required
				 documentation, the Office of Municipal Finance will advise the Chief Elected
				 Official whether the notice complies with state statutory standards for tax
				 rate change notification.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 40 - Division of Municipal Finance › Subchapter 00 - N/A › Part 2 - Rules and Regulations for the Implementation of the Triennial Updates and Revaluations to Commence in the Year 2000 (280-RICR-40-00-2) › Section 280-RICR-40-00-2.1 - General

Current through June 14, 2024
A. These materials have been prepared by
				 Municipal Affairs - Tax Equalization section to assist local city/town tax
				 assessors to plan and carry out the triennial property updates required by R.I.
				 Gen. Laws §
										44-5-11. It
				 must be noted that the enclosed rules and regulations will help to define the
				 requirements for the property valuation updates. The rules and regulations
				 shall include, but not be limited to the following:
1. An analysis of sales
2. A rebuilding of land value
				 tables
3. A rebuilding of cost
				 tables of all improvement items
4.
				 A rebuilding of depreciation schedules
5. Market comparison approach to
				 value
6. Income approach to value
				 when applicable
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 40 - Division of Municipal Finance › Subchapter 00 - N/A › Part 2 - Rules and Regulations for the Implementation of the Triennial Updates and Revaluations to Commence in the Year 2000 (280-RICR-40-00-2) › Section 280-RICR-40-00-2.2 - Property Valuation Plan Update

Current through June 14, 2024
A. After
				 identifying the components of the valuation update program and the specific
				 tasks necessary to complete those components, the assessor needs to evaluate
				 the resources, in-house personnel and professional assistance, required to
				 carry out the program in a timeframe consistent with the tax billing cycle. The
				 assessor should then prepare a project plan. Every plan at a minimum should
				 address:
1. The valuation methods being
				 employed for each class of property: residential, commercial and industrial,
				 utilities, and vacant land.
2. The
				 in-house personnel and/or professional appraisal assistance required to
				 complete the property valuation update.
3. The work schedule and projected date of
				 completion.
4. The availability of
				 adequate funds.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 40 - Division of Municipal Finance › Subchapter 00 - N/A › Part 2 - Rules and Regulations for the Implementation of the Triennial Updates and Revaluations to Commence in the Year 2000 (280-RICR-40-00-2) › Section 280-RICR-40-00-2.3 - Outside Professional Service Contracts

Current through June 14, 2024
The assessor may select from a wide array of appraisal,
					 consulting or other valuation service companies to help with the property
					 valuation update. If the plan includes the purchase of professional assistance,
					 an appropriate contract must be prepared and local purchasing policies must be
					 followed. (a sample RFP is enclosed)
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 40 - Division of Municipal Finance › Subchapter 00 - N/A › Part 2 - Rules and Regulations for the Implementation of the Triennial Updates and Revaluations to Commence in the Year 2000 (280-RICR-40-00-2) › Section 280-RICR-40-00-2.4 - Submission of Plan

Current through June 14, 2024
A. The assessor
				 shall submit their property valuation update plan to Municipal Affairs. The
				 review will focus on whether the overall approach is reasonable and likely to
				 achieve full and fair market values. When planning the triennial property
				 valuation update, a major question to be answered is whether to perform the
				 update "in house" utilizing 100% current staff or to hire outside professional
				 appraisal assistance. The extent to which outside services are to be used
				 should be fully explained.
B. After
				 the above points have been carefully analyzed, a key factor to be determined is
				 the appropriation of adequate resources including money, personnel, timing, and
				 supervision. At this juncture, the establishment of a realistic timetable is
				 necessary
C. Upon completion of the
				 property valuation update, it is essential to provide the public ample time and
				 the necessary information to review their respective assessments, comment on
				 them and if necessary to dispute them via an appropriate appeal
				 process.
D. A property valuation
				 system should have the following minimum capabilities:
1. The ability to maintain the updated data
				 in an automated system.
2.
				 Capability to update these values when and if necessary.
3. Ability to meet minimum standards for
				 assessment administration
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 40 - Division of Municipal Finance › Subchapter 00 - N/A › Part 2 - Rules and Regulations for the Implementation of the Triennial Updates and Revaluations to Commence in the Year 2000 (280-RICR-40-00-2) › Section 280-RICR-40-00-2.5 - Analysis of Property Assessment Administration System

Current through June 14, 2024
The system must have the capability to accurately collect
					 and analyze certain property descriptive and market data that serves as the
					 foundation for the development of value estimates
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 40 - Division of Municipal Finance › Subchapter 00 - N/A › Part 2 - Rules and Regulations for the Implementation of the Triennial Updates and Revaluations to Commence in the Year 2000 (280-RICR-40-00-2) › Section 280-RICR-40-00-2.6 - Tax Maps

Current through June 14, 2024
Every city/town should have adequate tax maps so that the
					 assessor has a complete parcel inventory and detailed land area information.
					 Without adequate tax maps assessors will not be able to precisely analyze
					 market influences on the value of land, such as size, shape, frontage and
					 depth, nor develop a land valuation system based on accurate measures of market
					 value such as square footage, front footage and site. Without adequate land
					 information, the goal of uniform assessments cannot be
					 attained.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 40 - Division of Municipal Finance › Subchapter 00 - N/A › Part 2 - Rules and Regulations for the Implementation of the Triennial Updates and Revaluations to Commence in the Year 2000 (280-RICR-40-00-2) › Section 280-RICR-40-00-2.7 - Analysis of Property Assessments

Current through June 14, 2024
A. There are two
				 basic ways to evaluate and/or analyze existing assessments: first, by looking
				 at the assessment level and second, by looking at the uniformity of the
				 assessments. Assessment level or sales ratio analysis refers to the degree to
				 which the overall ratio of assessed value to market value approximates the full
				 value of the property class being analyzed. Market value is basically that
				 amount a property will sell for given a willing buyer and a willing seller both
				 acting in their own self-interest; the property being on the market for a
				 reasonable time; and neither party acting under duress.
B. Assessment uniformity is the degree to
				 which properties within a class, i.e., single family homes are assessed at
				 equal percentages of market value. By performing an assessment/sales ratio
				 study, the assessors can measure the level and uniformity of their assessments.
				 Assessors should refer to IAAO standards when performing this study
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 40 - Division of Municipal Finance › Subchapter 00 - N/A › Part 2 - Rules and Regulations for the Implementation of the Triennial Updates and Revaluations to Commence in the Year 2000 (280-RICR-40-00-2) › Section 280-RICR-40-00-2.8 - Monitoring Sales Activity

Current through June 14, 2024
A. It is necessary
				 for the validity of the assessment/sales ratio that all sales be analyzed
				 carefully. Therefore, the assessor should first obtain as much information as
				 possible about the circumstances of each sale. They need to ascertain if the
				 sale was a true "arms-length" transaction, and that the price paid was the true
				 price. If the price included anything such as discounted and/or non-market
				 financing arrangements, personal property or other items; then the sales price
				 should be adjusted to take these things into account. Local real estate brokers
				 and detailed questionnaires sent to buyers and/or sellers are useful tools to
				 help determine the true market value for a property. Whenever possible, all
				 sold properties should be inspected. This will enable the assessor to verify
				 existing data, monitor property renovations and identify market trends within
				 the community.
B. Once the
				 arms-length sales have been identified and verified, the assessor should
				 perform a statistical analysis to determine both the assessment/sales ratio and
				 the uniformity of assessments. During the triennial property update, all sales
				 that have occurred since the last revaluation and/or property valuation update
				 should be analyzed.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 40 - Division of Municipal Finance › Subchapter 00 - N/A › Part 2 - Rules and Regulations for the Implementation of the Triennial Updates and Revaluations to Commence in the Year 2000 (280-RICR-40-00-2) › Section 280-RICR-40-00-2.9 - Conducting the Ratio Study

Current through June 14, 2024
A. The
				 assessment/sales ratio (ASR) and the measure of uniformity better known as the
				 coefficient of dispersion (COD) about the median should be calculated for each
				 class of property for which there are sufficient sales; and should be
				 calculated for the city/town as a whole. The above measure for each city/town
				 should conform to International Association of Assessing Officers (IAAO)
				 standards upon completion of the property valuation update.
B. A comparison of each classes' Assessment
				 Sales Ratio and Coefficient of Dispersion with the city/town wide ASR and COD
				 may point out assessment inequities.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 40 - Division of Municipal Finance › Subchapter 00 - N/A › Part 2 - Rules and Regulations for the Implementation of the Triennial Updates and Revaluations to Commence in the Year 2000 (280-RICR-40-00-2) › Section 280-RICR-40-00-2.10 - Conducting the Ratio Study

Current through June 14, 2024
The assessment/sales ratio (ASR) and the measure of
					 uniformity better known as the coefficient of dispersion (COD) about the median
					 should be calculated for each class of property for which there are sufficient
					 sales; and should be calculated for the city/town as a whole. The above measure
					 for each city/town should conform to International Association of Assessing
					 Officers (IAAO) standards upon completion of the property valuation
					 update.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 40 - Division of Municipal Finance › Subchapter 00 - N/A › Part 2 - Rules and Regulations for the Implementation of the Triennial Updates and Revaluations to Commence in the Year 2000 (280-RICR-40-00-2) › Section 280-RICR-40-00-2.11 - Data Analysis

Current through June 14, 2024
A. Depending on the
				 valuation system and methods utilized, the assessor should collect sufficient
				 cost and market data:
1. Current cost data
				 from firms like Marshall - Swift, etc., and local building costs where
				 available
2. Current sales data,
				 including any information obtainable which could influence the accuracy and
				 validity of these sales.
3. Current
				 income, expense and vacancy data, which may be obtained from questionnaires or
				 by interviews with lessees, lessors or agents.
4. Data relative to the development of
				 capitalization rates, financing terms, recapture rates, yield requirements and
				 local debt coverage ratios.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 40 - Division of Municipal Finance › Subchapter 00 - N/A › Part 2 - Rules and Regulations for the Implementation of the Triennial Updates and Revaluations to Commence in the Year 2000 (280-RICR-40-00-2) › Section 280-RICR-40-00-2.12 - Commercial and Industrial Property

Current through June 14, 2024
A. Commercial and
				 Industrial property should be reviewed and analyzed very carefully. If possible
				 at least 2 of the 3 approaches to value should be developed:
1. Cost - The application of a cost trending
				 multiplier (from Marshall-Swift, etc.) may be considered for updating building
				 and site values with proper allowances given for depreciation.
2. Income - All rent schedules, income and
				 expense information and capitalization rates must reflect current market
				 conditions. The necessary information (hopefully) can be obtained from a
				 questionnaire or by interviews with taxpayers or third party sources.
3. Market - Recent Commercial and Industrial
				 sales may be analyzed and units of value developed from comparable sales. Such
				 unit values may then be applied to comparable non-sold properties. Sales from
				 similar and/or surrounding communities with comparable property bases and
				 market influences may be used for analysis purposes as well.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 40 - Division of Municipal Finance › Subchapter 00 - N/A › Part 2 - Rules and Regulations for the Implementation of the Triennial Updates and Revaluations to Commence in the Year 2000 (280-RICR-40-00-2) › Section 280-RICR-40-00-2.13 - Public Disclosure

Current through June 14, 2024
A. Commercial and
				 Industrial property should be reviewed and analyzed very carefully. If possible
				 at least 2 of the 3 approaches to value should be developed:
1. Cost - The application of a cost trending
				 multiplier (from Marshall- Swift, etc.) may be considered for updating building
				 and site values with proper allowances given for depreciation.
2. Current sales data, including any
				 information obtainable which could influence the accuracy and validity of these
				 sales.
a. Notification The assessor should
				 provide notice of a property valuation update program to all taxpayers by a
				 comprehensive public information plan. This information plan could use the news
				 media, the local cable access programs and public meetings in
				 general.
b. Review The assessor
				 should provide adequate opportunity for taxpayers to inquire about their
				 proposed new values. The taxpayer should be afforded the ability to review
				 their property record information. The assessor must provide adequate
				 opportunity prior to finalizing valuations and tax billing, either during or
				 after regular office hours for taxpayer inquiries regarding the proposed new
				 values. An appropriate appeal process must be available for the
				 taxpayer
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 40 - Division of Municipal Finance › Subchapter 00 - N/A › Part 3 - Access to Public Records Regulation (280-RICR-40-00-3) › Section 280-RICR-40-00-3.1 - Purposes

Current through June 14, 2024
A. The Purposes of this Regulation are:
1. To establish a Regulation to implement
				 R.I. Gen. Laws §§
											38-2-1, et
				 seq. and
				 42-35-2(a)
				 relating to access to public records maintained by the Division;
2. To provide the public and Division
				 personnel with a Regulation which sets forth the rules and procedures
				 applicable to access to public records maintained by the Division.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 40 - Division of Municipal Finance › Subchapter 00 - N/A › Part 3 - Access to Public Records Regulation (280-RICR-40-00-3) › Section 280-RICR-40-00-3.2 - Authority

Current through June 14, 2024
This Regulation is promulgated pursuant to R.I. Gen. Laws
					 §§
										38-2-1, et
					 seq. ("Access to Public Records") and
					 42-35-2(a).
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 40 - Division of Municipal Finance › Subchapter 00 - N/A › Part 3 - Access to Public Records Regulation (280-RICR-40-00-3) › Section 280-RICR-40-00-3.3 - Application

Current through June 14, 2024
These rules and regulations shall be liberally construed to
					 permit the Division of Municipal Finance to effectuate the purposes of R.I.
					 Gen. Laws §§
										38-2-1 et seq.
					 and
					 42-35-2(a).
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 40 - Division of Municipal Finance › Subchapter 00 - N/A › Part 3 - Access to Public Records Regulation (280-RICR-40-00-3) › Section 280-RICR-40-00-3.4 - Severability

Current through June 14, 2024
If any provision of these rules and regulation, or the
					 application thereof to any person or circumstance, is held invalid by a court
					 of competent jurisdiction, the validity of the remainder of the rules and
					 regulations shall not be affected thereby.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 40 - Division of Municipal Finance › Subchapter 00 - N/A › Part 3 - Access to Public Records Regulation (280-RICR-40-00-3) › Section 280-RICR-40-00-3.5 - Policy

Current through June 14, 2024
The Division recognizes both the public's right to access
					 public records and the individual's right to dignity and privacy. It is the
					 Division's policy to facilitate public access to all public records that may be
					 disclosed in accordance with R.I. Gen. Laws §
										38-2-1 et seq.
					 It is also the policy of the Division to make all public records in the
					 Division's possession be available for public inspection and copying consistent
					 with applicable state or federal law, unless otherwise prohibited by a court of
					 competent jurisdiction.