reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1000 - APPEALS › APPEAL › Rule 1005 - Service of Notice of Appeal and Other Papers

Current through Register Vol. 54, No. 28, July 13, 2024
A. The appellant shall by personal service or
				  by certified or registered mail serve a copy of the notice of appeal upon the
				  appellee and upon the magisterial district judge in whose office the judgment
				  was rendered. If required by Rule 1004B to request a rule upon the appellee to
				  file a complaint, the appellant shall also serve the rule by personal service
				  or by certified or registered mail upon the appellee. The address of the
				  appellee for the purpose of service shall be the address as listed on the
				  complaint form filed in the office of the magisterial district judge or as
				  otherwise appearing in the records of that office. If the appellee has an
				  attorney of record named in the complaint form filed in the office of the
				  magisterial district judge, the service upon the appellee may be made upon the
				  attorney of record instead of upon the appellee personally.
B. The appellant shall file with the
				  prothonotary proof of service of copies of the notice of appeal, and proof of
				  service of a rule upon the appellee to file a complaint if required to request
				  such a rule by Rule 1004B, within 10 days after filing the notice of
				  appeal.
C. In lieu of service and
				  proof of service pursuant to subdivisions A and B of this Rule, the court of
				  common pleas may, by local rule, permit or require that the appellant file with
				  the notice of appeal a stamped envelope pre-addressed to the appellee at the
				  address as listed on the complaint form filed in the office of the magisterial
				  district judge or as otherwise appearing in the records of that office, or the
				  attorney of record, if any, of the appellee, and a stamped envelope
				  pre-addressed to the magisterial district judge in whose office the judgment
				  was rendered. Copies of the notice of appeal, and Rule pursuant to 1004B, if
				  applicable, shall thereupon be mailed by the prothonotary or court by first
				  class mail, with such service and any return being noted on the court's
				  docket.
D. The party filing a
				  complaint under Rule 1004 shall forthwith serve it upon the opposite party in
				  the appeal by leaving a copy for or mailing a copy to the address as shown in
				  the magisterial district court records mentioned in subdivision A of this rule.
				  If the opposite party has an attorney of record either in the magisterial
				  district court or court of common pleas proceeding, service upon the opposite
				  party may be made upon the attorney of record instead of upon the opposite
				  party personally.
E. Service and
				  proof of service may be made by attorney or other agent.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1000 - APPEALS › APPEAL › Rule 1006 - Striking Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
Upon failure of the appellant to comply with Rule 1004A or
					 Rule 1005B, the prothonotary shall, upon praecipe of the appellee, mark the
					 appeal stricken from the record. The court of common pleas may reinstate the
					 appeal upon good cause shown.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1000 - APPEALS › APPEAL › Rule 1007 - Procedure on Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
A. The
				  proceeding on appeal shall be conducted
de novo
in accordance
				  with the Rules of Civil Procedure that would be applicable if the action was
				  initially commenced in the court of common pleas.
B. Except as otherwise provided in
				  subdivision C, the action upon appeal may not be limited with respect to amount
				  in controversy, joinder of causes of action or parties, counterclaims, added or
				  changed averments or otherwise because of the particulars of the action before
				  the magisterial district judge.
C.
				  When an appeal is taken from a supplementary action filed pursuant to Rule 342,
				  only those issues arising from the Rule 342 action are to be
				  considered.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1000 - APPEALS › CERTIORARI › Rule 1009 - Praecipe for Writ of Certiorari

Current through Register Vol. 54, No. 28, July 13, 2024
A.
				  Unless he was the plaintiff in the action before the magisterial district
				  judge, a party aggrieved by a judgment may file with the prothonotary of the
				  court of common pleas a praecipe for a writ of certiorari claiming that the
				  judgment should be set aside because of lack of jurisdiction over the parties
				  or sub-ject matter, improper venue or such gross irregularity of procedure as
				  to make the judgment void. If the party aggrieved by the judgment was the
				  plaintiff in the action before the magisterial district judge, he may file a
				  praecipe for a writ of certiorari only on the last mentioned ground.
B. If lack of jurisdiction over the parties
				  or the subject matter is claimed, the praecipe may be filed at any time after
				  judgment. Otherwise it shall be filed within thirty (30) days from the date of
				  the judgment.
C. The praecipe shall
				  identify the judgment complained of and the magisterial district judge in whose
				  office the record of the proceedings containing the judgment is
				  filed.
D. The praecipe and the writ
				  shall be on a form which shall be prescribed by the State Court
				  Administrator.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1000 - APPEALS › CERTIORARI › Rule 1011 - Issuance and Service of Writ of Certiorari

Current through Register Vol. 54, No. 28, July 13, 2024
A. Upon receipt of the praecipe for a writ of
				  certiorari, the prothonotary shall issue the writ and direct it to the
				  magisterial district judge in whose office the record of the proceedings
				  containing the judgment is filed. The writ shall be delivered for service to
				  the party who filed the praecipe.
B. The party obtaining the writ shall serve
				  it, by personal service or by certified or registered mail, upon the
				  magisterial district judge to whom it was directed. In like manner, he shall
				  also serve a copy of the writ upon the opposite party. The address of the
				  opposite party for the purpose of service shall be his address as listed on the
				  complaint form filed in the office of the magisterial district judge or as
				  otherwise appearing in the records of that office. If the opposite party has an
				  attorney of record named in the complaint form filed in the office of the
				  magisterial district judge, the service upon the opposite party may be made
				  upon the attorney of record instead of upon the opposite party
				  personally.
C. If proof of service
				  of the writ upon the magisterial district judge and the opposite party is not
				  filed with the prothonotary within five (5) days after delivery of the writ for
				  service, the prothonotary shall, upon praecipe of the opposite party, mark the
				  writ stricken from the record and the writ shall not be reinstated nor shall
				  any new writ issue.
D. Service and
				  proof of service may be made by attorney or other agent.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1000 - APPEALS › CERTIORARI › Rule 1012 - Return by Magisterial District Judge

Current through Register Vol. 54, No. 28, July 13, 2024
The magisterial district judge to whom the writ of
					 certiorari is directed shall, within ten (10) days after its receipt by him,
					 make return to the writ by transmitting to the prothonotary a certified true
					 copy of the record of the proceedings containing the judgment.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1000 - APPEALS › CERTIORARI › Rule 1014 - Orders of Court in Certiorari Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
A. If the court of common pleas finds in
				  favor of the party obtaining the writ, it shall enter an order that the
				  judgment is set aside without prejudice to the cause of action.
B. If the court of common pleas finds against
				  the party obtaining the writ, it shall enter an order that the writ is
				  dismissed.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1000 - APPEALS › CERTIORARI › Rule 1015 - Certiorari and Appeal Not Permitted

Current through Register Vol. 54, No. 28, July 13, 2024
A judgment may not be the subject of both certiorari and
					 appeal. The prothonotary shall mark stricken from the record any writ of
					 certiorari concerning a judgment as to which an appeal is pending if proof of
					 service of copies of the notice of appeal has been filed. If the appeal is
					 stricken or voluntarily terminated, the writ of certiorari shall be reinstated
					 upon praecipe of the party obtaining the writ.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1000 - APPEALS › STATEMENT OF OBJECTION › Rule 1016 - Statement of Objection

Current through Register Vol. 54, No. 28, July 13, 2024
A. Any
				  party in interest aggrieved by an order or determination made by a magisterial
				  district judge under Rule 420 or Rule
				  519.1 may obtain a
				  reconsideration thereof in the court of common pleas by filing a statement of
				  objection to the order or determination with the prothonotary and with the
				  magisterial district judge in whose office the order or determination was
				  made.
B. The statement of objection
				  shall be filed with the prothonotary and the magisterial district judge within
				  ten (10) days after the date of the order or determination to which objection
				  is made.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1000 - APPEALS › STATEMENT OF OBJECTION › Rule 1017 - Form and Content of Statement of Objection

Current through Register Vol. 54, No. 28, July 13, 2024
The statement of objection, which shall be on a form which
					 shall be prescribed by the State Court Administrator, shall merely state that
					 the party filing it objects to the order or determination described in the
					 statement.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1000 - APPEALS › STATEMENT OF OBJECTION › Rule 1018 - Duties of Magisterial District Judge Upon Receipt of Statement of Objection

Current through Register Vol. 54, No. 28, July 13, 2024
A.
				  Immediately upon receipt of the statement of objection, the magisterial
				  district judge shall send a copy of it by ordinary mail to all other parties in
				  interest.
B. Within ten (10) days
				  after receiving the statement of objection, the magisterial district judge
				  shall file with the prothonotary a certified true copy of the record of actions
				  taken by the magisterial district judge under Rule 420 or Rule
				  519.1, but copies of only those
				  appeals, objections, claims, exceptions or requests considered under Rule 420
				  or Rule 519.1 that are pertinent to the
				  statement of objection need be attached to that record.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1000 - APPEALS › STATEMENT OF OBJECTION › Rule 1019 - Consideration of Statement of Objection by Court of Common Pleas

Current through Register Vol. 54, No. 28, July 13, 2024
A. Upon
				  consideration of the statement of objection, the court of common pleas shall
				  take such action and make such orders as shall be just and proper.
B. The matters raised by the statement of
				  objection shall be considered de novo by the court of common pleas.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1000 - APPEALS › STATEMENT OF OBJECTION › Rule 1020 - Statement of Objection to Operate as Stay

Current through Register Vol. 54, No. 28, July 13, 2024
Until further order of the court of common pleas, receipt
					 by the magisterial district judge of the statement of objection shall operate
					 as a stay of any execution proceedings that may be affected by the proceedings
					 on the statement.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1000 - APPEALS › STATEMENT OF OBJECTION › Rule 1081 - Acts of Assembly Suspended

Current through Register Vol. 54, No. 28, July 13, 2024
All Acts of Assembly or parts thereof inconsistent with the
					 rules governing appellate proceedings with respect to judgments and other
					 decisions of magisterial district judges in civil actions are suspended to the
					 extent of such inconsistency.
The following Acts of Assembly are suspended insofar as
					 they are inconsistent with the foregoing rules:
(1) Act of July 6, 1995, amending the Act of
				  April 6, 1951, (P. L. 69, No. 20), known as Act 33 of 1995;
(2) Act of July 6, 1995, amending the Act of
				  April 6, 1951, (P. L. 69, No. 20), known as Act 36 of 1995.
Adopted June 1, 1971. Amended April 25, 1979, effective in
					 30 days; June 30, 1982, effective in 30 days after July 17, 1982; March 28,
					 1996, effective March 29, 1996.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1000 - APPEALS › STATEMENT OF OBJECTION › Rule 1082 - Acts of Assembly Not Suspended.

Current through Register Vol. 54, No. 28, July 13, 2024
The following Acts of Assembly shall not be deemed
					 suspended or affected:
(1) Section 1
				  of the Act of January 24, 1966, P. L. (1965) 1534, as amended by § 1 of the Act
				  of August 11, 1967, P. L. 204, No. 68 and by § 2 of the Act of June 11, 1968,
				  P. L. 159, No. 89,
				  35
				  P. S. §
											1700-1.
(2) Section 726 of the Judicial Code,
				  42 Pa.C.S. §
											726.
(3) Section 5103(a) of the Judicial Code,
				  42 Pa.C.S. §
											5103(a).
(4) Section 5571(b), (c)(4) and (f) of the
				  Judicial Code, as amended with respect to subsections (b) and (c)(4) by §
				  10(67) of the Judiciary Act Repealer Act, Act of April 28, 1978, P. L. No.
				  53.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1200 - ACTIONS FOR EMERGENCY PROTECTIVE RELIEF › Rule 1201 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
The rules in this chapter apply to the exercise by a hearing
				  officer of jurisdiction under:
(1)
				Section 6110 of the Protection From Abuse Act,
				23 Pa.C.S. §
										6110,
				granting emergency relief from abuse, and
(2) Section 62A09 of Title 42,
				42 Pa.C.S. §
										62A 09,
				granting emergency relief in connection with claims of sexual violence or
				intimidation.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1200 - ACTIONS FOR EMERGENCY PROTECTIVE RELIEF › Rule 1202 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
As used in this chapter:
(1) "abuse" means the occurrence of one or
				more of the following acts between family or household members, sexual or
				intimate partners or persons who share biological parenthood:
(a) attempting to cause or intentionally,
				knowingly or recklessly causing bodily injury, serious bodily injury, rape,
				involuntary deviate sexual intercourse, sexual assault, statutory sexual
				assault, aggravated indecent assault, indecent assault or incest with or
				without a deadly weapon.
(b)
				placing another in reasonable fear of imminent serious bodily injury.
(c) the infliction of false imprisonment
				pursuant to
				18 Pa.C.S. §
											2903
				(relating to false imprisonment).
(d) physically or sexually abusing minor
				children, including such terms as defined in Chapter 63 of the Domestic
				Relations Code (relating to child protective services).
(e) knowingly engaging in a course of conduct
				or repeatedly committing acts toward another person, including following the
				person, without proper authority, under circumstances which place the person in
				reasonable fear of bodily injury. This definition applies only to proceedings
				commenced under the Domestic Relations Code and is inapplicable to any criminal
				prosecutions commenced under Title 18 (relating to crimes and
				offenses).
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1200 - ACTIONS FOR EMERGENCY PROTECTIVE RELIEF › Rule 1203 - Limitation on Jurisdiction

Current through Register Vol. 54, No. 28, July 13, 2024
The hearing officer may grant relief under these rules only
				  when the court is unavailable to do so pursuant to the provisions of:
(1) Section 6110 of the Protection From Abuse
				Act,
				23 Pa.C.S. §
										6110,
(2)
									42 Pa.C.S. §
										62A 09
				(providing for protection of victims of sexual violence or intimidation),
				or
(3) local rule of
				court.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1200 - ACTIONS FOR EMERGENCY PROTECTIVE RELIEF › Rule 1204 - Venue

Current through Register Vol. 54, No. 28, July 13, 2024
A. Except as
				provided in subdivision B, a proceeding for emergency relief may be brought in
				a magisterial district within the county in which
(1) the plaintiff resides, either temporarily
				or permanently, or
(2) the abuse,
				sexual violence or intimidation occurred.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1200 - ACTIONS FOR EMERGENCY PROTECTIVE RELIEF › Rule 1205 - Persons Who May Seek Emergency Relief

Current through Register Vol. 54, No. 28, July 13, 2024
A.
				In actions brought pursuant to Section 6110 of the Protection From Abuse Act,
				23 Pa.C.S. §
										6110, an
				adult or an emancipated minor may seek emergency relief from abuse for himself
				or herself. Also, any parent, adult household member or guardian ad litem may
				seek emergency relief from abuse on behalf of minor children. In addition, a
				guardian of the person of an incapacitated person as defined in
				20 Pa.C.S. §
										5501 may seek
				emergency relief on behalf of the incapacitated person.
B. In actions brought pursuant to Section
				62A09 of Title 42,
				42 Pa.C.S. §
										62A 09
				(providing for protection in connection with claims of sexual violence and
				intimidation), an adult or emancipated minor may seek emergency relief for
				himself or herself. Also, any parent, adult household member or guardian ad
				litem may seek emergency relief on behalf of a minor child. In addition, a
				guardian of the person of an incapacitated person as defined in
				20 Pa.C.S. §
										5501 may seek
				emergency relief on behalf of the incapacitated person.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1200 - ACTIONS FOR EMERGENCY PROTECTIVE RELIEF › Rule 1206 - Commencement of Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
A. A
				proceeding for emergency relief
(1) from
				abuse, or
(2) in connection with
				claims of sexual violence or intimidation
shall be commenced by the filing of a petition by the
				  plaintiff with the hearing officer on a form that shall be prescribed by the
				  State Court Administrator. The petition shall be signed by the plaintiff and
				  shall set forth the names and addresses of the plaintiff and the defendant and
				  the names, addresses and ages of any person on whose behalf the plaintiff is
				  seeking relief. The plaintiff shall also allege in the petition, in general
				  terms, the cause for seeking emergency relief.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1200 - ACTIONS FOR EMERGENCY PROTECTIVE RELIEF › Rule 1207 - Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
As soon as possible after the filing of the petition, the
				  hearing officer shall hold an ex parte hearing thereon. The plaintiff may
				  present witnesses at the hearing. Neither in the petition nor during a hearing
				  shall the hearing officer require disclosure of the address of a domestic
				  violence program, a rape crisis center, or the plaintiff or victim, as
				  appropriate.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1200 - ACTIONS FOR EMERGENCY PROTECTIVE RELIEF › Rule 1208 - Findings and Potection Orders

Current through Register Vol. 54, No. 28, July 13, 2024
A.
(1) If the hearing officer, upon good cause
				shown, finds it necessary to protect the plaintiff or minor children from abuse
				the hearing officer may grant relief in accordance with Section 6110(a) of the
				Protection From Abuse Act,
				23 Pa.C.S. §
											6110(a), and make any
				protection orders necessary to effectuate that relief. Immediate and present
				danger of abuse to the plaintiff or minor children shall constitute good
				cause.
(2) If the hearing officer,
				upon good cause shown, finds it necessary to protect the plaintiff or another
				individual in connection with claims of sexual violence or intimidation, the
				hearing officer may grant relief in accordance with
				42 Pa.C.S. §
											62A 09(a),
				and make any protection orders necessary to effectuate that relief. Immediate
				and present danger posed by the defendant to the plaintiff or another
				individual shall constitute good cause.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1200 - ACTIONS FOR EMERGENCY PROTECTIVE RELIEF › Rule 1209 - Service and Execution of Emergency Protection Orders

Current through Register Vol. 54, No. 28, July 13, 2024
A. The hearing officer shall provide to the
				plaintiff a copy of a protection order made under Rule 1208. The hearing
				officer or, when necessary, the plaintiff shall immediately deliver a service
				copy of any protection order made under Rule 1208 to a police officer, police
				department, sheriff or certified constable for service upon the defendant and
				execution. After making reasonable effort, if the executing officer is unable
				to serve the protection order upon the defendant in a timely fashion, the
				executing officer shall leave a service copy of the petition form containing
				the order with the police department with jurisdiction over the area in which
				the plaintiff resides for service upon the defendant, and shall advise such
				police department that the order could not be served.
B. When a protection order is issued under
				Rule 1208 in accordance with
				42 Pa.C.S. §
										62A 09(a),
				the hearing officer shall:
(1) within two
				business days, serve the order upon the police department, sheriff and district
				attorney in the jurisdiction where the order was entered, and
(2) in the case of a minor victim of sexual
				violence, serve a copy of the petition and order upon the county agency (as
				defined by
				23 Pa.C.S. §
											6303) and the
				Department of Human Services.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1200 - ACTIONS FOR EMERGENCY PROTECTIVE RELIEF › Rule 1210 - Duration of Emergency Protection Orders

Current through Register Vol. 54, No. 28, July 13, 2024
Protection orders issued under Rule 1208 shall expire at the
				  end of the next business day the court deems itself available.
Pennsylvania Code › Title 246 - MINOR COURT CIVIL RULES › Part I - GENERAL › Chapter 1200 - ACTIONS FOR EMERGENCY PROTECTIVE RELIEF › Rule 1211 - Certification to Court of Common Pleas

Current through Register Vol. 54, No. 28, July 13, 2024
A. Any protection order issued under Rule
				1208, together with any documentation in support thereof, shall immediately be
				certified to the court of common pleas by the hearing officer.
B. Certification under subdivision A of this
				Rule shall be accomplished by sending to the prothonotary of the court by first
				class mail or messenger a certified copy of the petition form containing the
				order, with any supporting documentation attached.
Rhode Island Code of Regulations › Title 100 - Department of State › Chapter 10 - Administration › Subchapter 00 - N/A › Part 1 - Access to Public Records (100-RICR-10-00-1) › Section 100-RICR-10-00-1.1 - Authority and Purpose

Current through June 14, 2024
This Part is promulgated pursuant to the authority set forth in R.I. Gen. Laws §
										42-35-2 and R.I. Gen. Laws Chapters 38-2, 42-8, 42-8.1 and 38-3 for the purpose of establishing procedures for obtaining access to public records held by the Department of State.
Rhode Island Code of Regulations › Title 100 - Department of State › Chapter 10 - Administration › Subchapter 00 - N/A › Part 1 - Access to Public Records (100-RICR-10-00-1) › Section 100-RICR-10-00-1.2 - Definitions

Current through June 14, 2024
"Act" means R.I. Gen. Laws Chapter 38-2 entitled "Access to Public Records".
"Business hours" means 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding State and Federal holidays.
"Department" means the Department of State.
"Public record" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, or other material, regardless of physical form or characteristics, and which are made or received by any agency pursuant to law or relating to the transaction of public business as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the government or because of the value of the official government data contained therein.
Rhode Island Code of Regulations › Title 100 - Department of State › Chapter 10 - Administration › Subchapter 00 - N/A › Part 1 - Access to Public Records (100-RICR-10-00-1) › Section 100-RICR-10-00-1.3 - Access to Public Records Policy

Current through June 14, 2024
A. All Public Records maintained or held by the Department shall be made available for inspection and copying by members of the public in accordance with the Act and this Part.
B. The Department may elect not to make Public Records which are deemed exempt or prohibited from disclosure by state or federal law or by order of a court of competent jurisdiction available for inspection or copying.
C. Records in the custody of the State Archivist as part of the State Archives are subject to additional public records policies as set forth in §
										1.6     of this Part.
1.3.1
Exclusions
Records which fall into the categories identified in R.I. Gen. Laws §
											38-2-2(4)  as exempt from disclosure will not be considered Public Records. The Department may elect not to produce those records in response to a request for access to those records.
1.3.2
Non-disclosable Information
If the Secretary of State or his/her designee can reasonably separate non-disclosable information from an otherwise disclosable Public Record, he/she will do so in accordance with R.I. Gen. Laws §
											38-2-3.
Rhode Island Code of Regulations › Title 100 - Department of State › Chapter 10 - Administration › Subchapter 00 - N/A › Part 1 - Access to Public Records (100-RICR-10-00-1) › Section 100-RICR-10-00-1.4 - Procedures for Obtaining Access

Current through June 14, 2024
A. A Request to Inspect and/or Copy Public Records of the Department (the "Request") shall be presented orally during Business Hours or in writing to the Secretary of State or his/her designee at the Department. Members of the public can request Public Records from the Department by filling out and submitting the Access to Public Records Request Form located on the Department's website:
http://sos.ri.gov/assets/downloads/documents/public-records-policy-and-request-form.pdf
.
B. The Department does not require a formal request for a Public Record available pursuant to the Administrative Procedures Act, R.I. Gen. Laws §
										42-35-2, or for other documents prepared for or readily available to the public.
C. For all other Public Records, the Department will make reasonable efforts to respond to a request within ten (10) business days of receipt of the request. If the Department cannot produce the requested records within ten (10) business days, the Department will notify the person making the request in writing, and may extend the response time up to an additional twenty (20) business days and explain the reason for the extension.
D. If the Public Record is in digital format, the Department will honor a request to provide a printout of that record.
E. The Secretary of State or his/her designee may restrict access to specified times and days, consistent with this Part, to prevent unnecessary disruption of the work of the Department.
Rhode Island Code of Regulations › Title 100 - Department of State › Chapter 10 - Administration › Subchapter 00 - N/A › Part 1 - Access to Public Records (100-RICR-10-00-1) › Section 100-RICR-10-00-1.5 - Denial of Access and Administrative Appeals

Current through June 14, 2024
A. If the Department denies a request for access to records in accordance with the Act, the individual who requested the records may ask the Secretary of State or his/her designee either orally or in writing to review the denial. That appeal will be conducted in accordance with R.I. Gen. Laws §
										38-2-8.
B. If the Secretary of State agrees with the initial denial, the person or entity seeking the record may file a complaint with the Attorney General.
Rhode Island Code of Regulations › Title 100 - Department of State › Chapter 10 - Administration › Subchapter 00 - N/A › Part 1 - Access to Public Records (100-RICR-10-00-1) › Section 100-RICR-10-00-1.6 - Public Records Within the State Archives Division

Current through June 14, 2024
A. In accordance with R.I. Gen. Laws §§
										42-8.1-1 et seq. and 38-3-1 et seq., all records held by the State Archivist in the State Archives will be made available to the public for inspection and copying during Business Hours under the supervision of the State Archivist or her/his staff.
B. Only staff of the State Archives may make copies or scanned images of documents contained in the State Archives.
C. The State Archivist and/or the State Archives may restrict copying or scanning of documents due to preservation concerns.
D. The State Archivist and/or the State Archives may photograph documents not suitable for copying or scanning.
Rhode Island Code of Regulations › Title 100 - Department of State › Chapter 10 - Administration › Subchapter 00 - N/A › Part 1 - Access to Public Records (100-RICR-10-00-1) › Section 100-RICR-10-00-1.7 - Severability

Current through June 14, 2024
If any provision of this Part or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions or application of this Part which can be given effect, and to this end, the provisions of this Part are declared to be severable.
Rhode Island Code of Regulations › Title 100 - Department of State › Chapter 10 - Administration › Subchapter 00 - N/A › Part 2 - Declaratory Order Petitions (100-RICR-10-00-2) › Section 100-RICR-10-00-2.1 - Purpose

Current through June 14, 2024
This regulation states the requirements for submitting a request for Declaratory Order under R.I. Gen. Laws §
										42-35-8(b), and the procedure for its consideration and prompt disposition.
Rhode Island Code of Regulations › Title 100 - Department of State › Chapter 10 - Administration › Subchapter 00 - N/A › Part 2 - Declaratory Order Petitions (100-RICR-10-00-2) › Section 100-RICR-10-00-2.2 - Authority

Current through June 14, 2024
This regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws §
										42-35-8.
Rhode Island Code of Regulations › Title 100 - Department of State › Chapter 10 - Administration › Subchapter 00 - N/A › Part 2 - Declaratory Order Petitions (100-RICR-10-00-2) › Section 100-RICR-10-00-2.3 - Definitions

Current through June 14, 2024
A. The following definitions shall apply to this regulation:
1. "Declaratory Order" means an order issued by the Department that:
a. Interprets or applies a statute administered by the Department;
b. Clarifies whether a rule, guidance document, or order issued by the Department applies to a Petitioner; or
c. Clarifies how a rule, guidance document, or order issued by the Department applies to a Petitioner.
Rhode Island Code of Regulations › Title 100 - Department of State › Chapter 10 - Administration › Subchapter 00 - N/A › Part 2 - Declaratory Order Petitions (100-RICR-10-00-2) › Section 100-RICR-10-00-2.4 - Request for Declaratory Order: Form and Submission

Current through June 14, 2024
A. A request for Declaratory Order must be in writing and include the following information:
1. The name and address of the Petitioner;
2. A plain statement identifying the statute, rule, guidance document, or order at issue;
3. A detailed statement of all facts relied upon by the Petitioner;
4. A copy of any and all documents relied upon by Petitioner that are not otherwise accessible to the Department; and
5. A plain statement requesting a Declaratory Order, and further indicating whether Petitioner seeks:
a. An interpretation or application of a statute administered by the Department;
b. Clarification as to whether a rule, guidance document, or order issued by the Department applies to Petitioner; and/or
c. Clarification as to how a rule, guidance document, or order issued by the Department applies to Petitioner.
Rhode Island Code of Regulations › Title 100 - Department of State › Chapter 10 - Administration › Subchapter 00 - N/A › Part 2 - Declaratory Order Petitions (100-RICR-10-00-2) › Section 100-RICR-10-00-2.5 - Consideration and Disposition of Request for Declaratory Order

Current through June 14, 2024
A. The Department shall promptly consider and respond to the request for Declaratory Order as provided in R.I. Gen. Laws §
										42-35-8(c).
1. Should the Department schedule the matter for further consideration, the Department shall notify Petitioner in writing of the anticipated date on which the Department will grant or deny the request for Declaratory Order.
Rhode Island Code of Regulations › Title 100 - Department of State › Chapter 10 - Administration › Subchapter 00 - N/A › Part 3 - Petition for Promulgation of a Rule (100-RICR-10-00-3) › Section 100-RICR-10-00-3.1 - Purpose

Current through June 14, 2024
The purpose of this regulation is to prescribe the form of a Petition for Promulgation of a Rule pursuant to R.I. Gen. Laws §
										42-35-6 and the procedure for its submission, consideration, and disposition.
Rhode Island Code of Regulations › Title 100 - Department of State › Chapter 10 - Administration › Subchapter 00 - N/A › Part 3 - Petition for Promulgation of a Rule (100-RICR-10-00-3) › Section 100-RICR-10-00-3.2 - Authority

Current through June 14, 2024
This regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws §
										42-35-6.
Rhode Island Code of Regulations › Title 100 - Department of State › Chapter 10 - Administration › Subchapter 00 - N/A › Part 3 - Petition for Promulgation of a Rule (100-RICR-10-00-3) › Section 100-RICR-10-00-3.3 - Definitions

Current through June 14, 2024
A. The following definitions shall apply to this regulation:
1. "Department" means the Rhode Island Department of State.
2. "Petition" means a request for the Promulgation of a Rule.
3. "Petitioner" means a person requesting the promulgation of a rule.
4. "Promulgate", with respect to a Rule, means the process of writing a new Rule, or amending or repealing an existing Rule.
5. "Rule" means the whole or a part of an agency statement of general applicability that implements, interprets, or prescribes law or policy or the organization, procedure, or practice requirements of an agency and has the force of law. The term includes the amendment or repeal of an existing rule. The term is used interchangeably with the term "regulation." The term does not include the exceptions listed in R.I. Gen. Laws §
											42-35-1(19)(i)-(vi).
Rhode Island Code of Regulations › Title 100 - Department of State › Chapter 10 - Administration › Subchapter 00 - N/A › Part 3 - Petition for Promulgation of a Rule (100-RICR-10-00-3) › Section 100-RICR-10-00-3.4 - Request for the Promulgation of a Rule

Current through June 14, 2024
A. A request to Promulgate a Rule must be in writing and include the following information:
1. The name and address of the Petitioner;
2. A plain statement identifying the rule or proposed new Rule at issue;
3. A detailed statement of all facts relied upon by the Petitioner;
4. A plain statement requesting the Promulgation of a Rule, and further indicating whether Petitioner seeks a new Rule or the amendment or repeal of an existing Rule.
a. In the case of a request for the repeal of an existing Rule, the Petitioner shall identify the Rule by title and/or RICR citation.
b. In the case of a request for an amendment to an existing Rule, the Petitioner must identify with specificity any proposed additions, deletions, or other amendments. New proposed language must be clearly marked using underline formatting for proposed insertions, and strikethrough formatting for proposed deletions.
Rhode Island Code of Regulations › Title 100 - Department of State › Chapter 10 - Administration › Subchapter 00 - N/A › Part 3 - Petition for Promulgation of a Rule (100-RICR-10-00-3) › Section 100-RICR-10-00-3.5 - Consideration and Disposition of Request for the Promulgation of a Rule

Current through June 14, 2024
A. The Department shall promptly consider and respond to the request for the Promulgation of a Rule as provided in R.I. Gen. Laws §
										42-35-6.
B. The Department may, at its discretion and within the thirty (30) day period prescribed by statute:
1. Hold a hearing for further consideration and discussion on the Petition; or
2. Request further information or documents from the Petitioner necessary for the full evaluation of his or her Petition.
Rhode Island Code of Regulations › Title 100 - Department of State › Chapter 10 - Administration › Subchapter 00 - N/A › Part 4 - Conduct of Public Hearings (100-RICR-10-00-4) › Section 100-RICR-10-00-4.1 - Purpose

Current through June 14, 2024
To establish a defined set of procedures for the Department of State for the conduct of Public Hearings regarding Proposed Rulemaking.
Rhode Island Code of Regulations › Title 100 - Department of State › Chapter 10 - Administration › Subchapter 00 - N/A › Part 4 - Conduct of Public Hearings (100-RICR-10-00-4) › Section 100-RICR-10-00-4.2 - 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 100 - Department of State › Chapter 10 - Administration › Subchapter 00 - N/A › Part 4 - Conduct of Public Hearings (100-RICR-10-00-4) › Section 100-RICR-10-00-4.3 - Definitions

Current through June 14, 2024
A. For the Purpose of this regulation:
1. "Department" means the Rhode Island Department of State.
2. "Member of the Public" means any individual, firm, business, corporation, association, partnership or other group.
3. "Presiding Department Official" means the Department of State employee conducting the Public Hearing.
4. "Public Hearing" means the convening of Members of the Public and agency personnel for the purpose of obtaining public comment on a Proposed Rulemaking.
5. "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.
Rhode Island Code of Regulations › Title 100 - Department of State › Chapter 10 - Administration › Subchapter 00 - N/A › Part 4 - Conduct of Public Hearings (100-RICR-10-00-4) › Section 100-RICR-10-00-4.4 - Procedure for Conduct of Public Hearings

Current through June 14, 2024
A. Convening of 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).
2. Notice of Public Hearings shall be issued in accordance with the provisions of R.I. Gen. Laws §§
											42-35-2.8 and  42-46-6, when applicable.
3. The Public Hearing shall be held at a time and place designated by the Department.
Rhode Island Code of Regulations › Title 100 - Department of State › Chapter 20 - Elections › Subchapter 00 - N/A › Part 1 - Placement of Candidates and Local Referenda/Questions on Election Ballots (100-RICR-20-00-1) › Section 100-RICR-20-00-1.1 - Authority/Purpose

Current through June 14, 2024
A. The Department of State has promulgated this Part relative to the placement of candidates and local referenda/questions on primary and election ballots.
B. This Part is established pursuant to the Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35 and available for public inspection, submissions or requests at the Department of State, Administrative Records Division, State Library, State House, 82 Smith St., Providence, Rhode Island 02903.
Rhode Island Code of Regulations › Title 100 - Department of State › Chapter 20 - Elections › Subchapter 00 - N/A › Part 1 - Placement of Candidates and Local Referenda/Questions on Election Ballots (100-RICR-20-00-1) › Section 100-RICR-20-00-1.2 - Election Ballot

Current through June 14, 2024
A. Determining Placement of Political Parties
1. The Department of State shall conduct a lottery to determine the order in which the recognized political parties will appear on the ballot for all federal, state and local offices.
2. The date, time and location of the lottery shall be determined and announced by the Secretary of State.
Rhode Island Code of Regulations › Title 100 - Department of State › Chapter 20 - Elections › Subchapter 00 - N/A › Part 1 - Placement of Candidates and Local Referenda/Questions on Election Ballots (100-RICR-20-00-1) › Section 100-RICR-20-00-1.3 - Primary Ballot (Non-Presidential Candidates)

Current through June 14, 2024
A. Placement of Endorsed Candidates for Federal Offices, General Offices, General Assembly Offices and Local Offices Where the Elector Votes for One Candidate
1. The names of candidate(s) having the endorsement of their party shall be printed first below the title of the office they seek (R.I. Gen. Laws §
											17-15-8).
Rhode Island Code of Regulations › Title 100 - Department of State › Chapter 20 - Elections › Subchapter 00 - N/A › Part 1 - Placement of Candidates and Local Referenda/Questions on Election Ballots (100-RICR-20-00-1) › Section 100-RICR-20-00-1.4 - Candidate Listing on Ballot

Current through June 14, 2024
A. Election Ballots
1. For party candidates, the name of the political party shall be listed immediately below the candidate's name; for independent candidates, the name of the political organization as it appears on the declaration of candidacy form or the word "Independent" if there is no political organization listed on the declaration of candidacy form shall appear in small print below the candidate's name.
Rhode Island Code of Regulations › Title 100 - Department of State › Chapter 20 - Elections › Subchapter 00 - N/A › Part 1 - Placement of Candidates and Local Referenda/Questions on Election Ballots (100-RICR-20-00-1) › Section 100-RICR-20-00-1.5 - Independent Presidential Candidates and Electors

Current through June 14, 2024
A. Up to four individuals desiring to become the presidential electors of an independent presidential candidate may file a declaration of candidacy form provided by the Department of State during the last consecutive Monday, Tuesday, and Wednesday in June of the presidential election year. Each elector must file a separate declaration of candidacy form.
B. During the period for filing declarations of candidacy, the independent presidential candidate, or, in the case where the name of the presidential candidate has not yet been determined, the independent political organization, must file a statement with the Department of State indicating the names and addresses of the individual(s) acknowledged by the presidential candidate or organization, as the case may be, to be the approved candidate(s) for presidential electors for the presidential candidate and/or political organization.
C. Nomination papers will be prepared by the Department of State and issued within two (2) business days of the final day for filing endorsements (R.I. Gen. Laws §
										17-14-4). Each nomination paper shall contain the names and addresses of all candidates qualified and acknowledged to be an independent presidential elector for the respective independent organization and/or presidential candidate. Nomination papers shall also contain the name of the independent political organization being represented by said presidential electors. On or before the sixtieth (60th) day before the presidential election (R.I. Gen. Laws §
										17-14-11),  said candidate(s) for presidential elector must submit 1,000 signatures of qualified electors in the aggregate in order for their presidential candidate to appear on the ballot. Signatures must be submitted to the local board of canvassers in the city/town where the signers live.
D. The names of independent presidential/vice presidential candidates must be submitted to the Department of State no later than fifty-four (54) days before the date of the election. Said names shall be submitted by the individual authorized by the political organization to make such certification and/or by the independent presidential candidate. On the same day, the Department of State will announce the names of those individuals who have qualified for ballot placement as independent presidential electors.
Rhode Island Code of Regulations › Title 100 - Department of State › Chapter 20 - Elections › Subchapter 00 - N/A › Part 1 - Placement of Candidates and Local Referenda/Questions on Election Ballots (100-RICR-20-00-1) › Section 100-RICR-20-00-1.6 - Recognized Political Parties Candidates and Electors

Current through June 14, 2024
A. Recognized political parties in Rhode Island shall hold a state convention not later than October 14 in every even year. In presidential years the party nominees for presidential electors shall be selected (R.I. Gen. Laws §
										17-12-13). Once said convention is held, the secretary of the convention or other duly authorized individual, shall, in writing, notify the Department of State of the names and addresses of those individuals nominated as presidential electors.
B. Names of candidates for president and vice-president for those parties holding national conventions, the secretary or duly authorized individual of each national party shall certify to the Department of State the names of the individuals nominated as the party's candidates for president and vice-president at the close of the respective convention. The written certification shall occur no later than fifty-four (54) days before the date of the election.
C. With respect to receipt of the names of the presidential and vice-presidential candidates of an organization not recognized as a national political party while recognized as a political party in Rhode Island (R.I. Gen. Laws §
										17-1-2(9)),  the secretary or duly authorized individual of said state political party shall certify to the Department of State the names of the individuals nominated as the party's candidates for president and vice-president at the close of the respective convention. Said written certification to occur not later than fifty-four (54) days before the date of the election.