reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Administrative Procedure: Water Development Fund › Section 490-RICR-00-00-4.12 - Conflict of Interest: Public Officials and Others

Current through June 14, 2024
No member of the applicant's governing body or of the
					 governing body of the locality wherein the applicant is located, and no official
					 or employee of the applicant or the said locality or any other person who
					 exercises any functions or responsibilities in connection with the loan shall own
					 or acquire any personal interest in any property, contract or proposed contract
					 which would conflict with the performance of his/her duties or responsibilities
					 under this loan, except to the extent hereinafter provided. If any such member,
					 official, employee or other person (hereinafter referred to collectively as
					 "person") presently, or in the future, acquires, owns, or controls any such
					 share, benefit, or personal interest, he/she shall disclose immediately such
					 share, benefit, or personal interest to the Water Resources Board and upon such
					 disclosure, such person shall not participate in the program or in any action
					 affecting the preparation of the program unless the applicant and the Water
					 Resources Board shall determine that, in the light of such share, benefit, or
					 personal interest, the participation of such person in any such action would not
					 be contrary to the public interest. The applicant will promptly advise the Water
					 Resources Board of the facts and circumstances concerning any disclosure made to
					 it pursuant hereto or any information obtained by it relating to any conflict of
					 interest.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Administrative Procedure: Water Development Fund › Section 490-RICR-00-00-4.13 - Meter Replacement

Current through June 14, 2024
Loans may be made in conformance with the procedures
					 contained herein to all eligible applicants for replacing water supply metering
					 systems or a portion thereof and, unless otherwise deemed advisable in a specific
					 instance by the Water Resources Board, said systems or portions thereof shall
					 have been in place for fifteen (15) years or more.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 5 - Big River Management Area › Section 490-RICR-00-00-5.1 - Purpose

Current through June 14, 2024
The purpose of this regulation is to set forth procedures
					 that preserve the land acquired by the Big River - Wood River Reservoir Site
					 Acquisition Act, P.L. 1964, Ch. 133 for the development of future water supply.
					 Further, this regulation also ensures that any use of the Big River Management
					 Area preserves and protects the quality and quantity of water in the aquifer,
					 protects public safety and is consistent with the development and use of the
					 area for water supply.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 5 - Big River Management Area › Section 490-RICR-00-00-5.2 - Legislative Authority

Current through June 14, 2024
These regulations are promulgated pursuant to R.I. Gen.
					 Laws §§
										37-20-1,  45-36-1(1) through (7),  46-15.1-19.1,  20-1-8 and
					 R.I. Gen. Laws Chapter 42-17.1.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 5 - Big River Management Area › Section 490-RICR-00-00-5.3 - Definitions

Current through June 14, 2024
A. "Board" means the Water Resources Board
				 and/or its authorized agents.
B.
				 "DCAMM" means the Rhode Island Department of Administration, Division of
				 Capital Asset, Management & Maintenance.
C. "Development" means permanent improvements
				 and/or permanent alterations to the land.
D. "Management area" means the Big River
				 Management Area as acquired by the Big River-Wood River Site Acquisition Act,
				 P.L., 1964, Ch. 133.
E. "Materials"
				 means any natural resource located on the land, to include but not be limited
				 to, rock formations, boulders, trees, soil and water resources.
F. "Motorized" or "Mechanized vehicle" means
				 any mechanized mode of transportation, to include but not be limited to, any
				 vehicle that operates via a combustible engine or natural gas or electricity or
				 solar.
G. "Open space use" means
				 activities that have a minimal and/or non-permanent impact on the physical
				 characteristics and/or nature of the land and water resources.
H. "Passive recreation" means any form of
				 hiking, backpacking, hunting, fishing, horseback riding, canoeing or
				 kayaking.
I. "RIDEM" means the
				 Rhode Island Department of Environmental Management.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 5 - Big River Management Area › Section 490-RICR-00-00-5.4 - Allowed Uses in the Management Area

Current through June 14, 2024
A. Passive
				 recreation or open space use activity shall include but not be limited to,
				 hiking, backpacking, hunting and trapping (As permitted and regulated by
				 RIDEM), fishing, canoeing and kayaking (limited to ponds and Big River), and
				 horseback riding.
B. Other uses or
				 the above allowed uses in groups comprised of more than ten (10) persons must
				 be reviewed and approved by RIDEM pursuant to §
										5.7     of this Part and shall
				 require a special use permit.
C.
				 Non-mechanized or non-motorized bicycles are permitted subject to restrictions
				 and requirements that the Board may periodically adopt and publish in
				 consultation with the RIDEM.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 5 - Big River Management Area › Section 490-RICR-00-00-5.5 - Prohibited Uses in the Management Area

Current through June 14, 2024
A. Development
				 as defined in this regulation.
B.
				 Swimming, and camping.
C. Removal
				 of any materials and/or natural resources of any kind from the management area
				 including but not limited to clear-cutting, firewood cutting, unless and until
				 approved by the Board.
D. Use of
				 pesticides is strictly prohibited unless permitted and approved by
				 RIDEM.
E. Storage of hazardous
				 materials is strictly prohibited unless permitted and approved by
				 RIDEM.
F. Use of Mechanized or
				 Motorized vehicles as defined in §
										5.3(E)     of this Part is strictly
				 prohibited.
G. Other uses not
				 explicitly allowed or prohibited in this regulation shall be evaluated on a
				 case by case basis by the Board in consultation with RIDEM.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 5 - Big River Management Area › Section 490-RICR-00-00-5.6 - Leases for Residential, Non-Residential and Recreational Tenants

Current through June 14, 2024
A. All Residential,
				 Non-Residential and Recreational Leases in the Management Area shall be
				 determined and evaluated on a case by case basis by DCAMM in consultation with
				 the Board.
B. Tenants
1. Original Residential Tenants a. Original
				 Residential Tenants means those persons whose names appear on the original deed
				 and lease agreements signed in 1964 at the time of the land condemnation. Same
				 shall continue to pay the original rent amount and shall not be subject to rent
				 increases. This rent concession is:
(1)
				 Exclusive to the original owner(s) of the premises in the Management Area while
				 he or she is a tenant of DCAMM in that home which he or she owned at the time
				 of condemnation.
(2) The lease
				 shall terminate upon the death of the original owner or if the original owner
				 fails to reside on a continuous and uninterrupted basis at the premises or upon
				 termination of tenancy for breach or nonpayment.
(3) The lease cannot be assigned or
				 transferred.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 5 - Big River Management Area › Section 490-RICR-00-00-5.7 - Requests to Use the Management Area - Subject to Issuance of a Use Permit From RIDEM

Current through June 14, 2024
A. Individuals,
				 Groups and/or Organizations interested in conducting activities in the
				 Management Area other than those allowed in §
										5.4(A)     of this Part must
				 submit an application to RIDEM no less than thirty (30) days prior to the
				 proposed activity date(s).
B. RIDEM
				 may require liability insurance coverage for some activities and may set other
				 stipulations and requirements as RIDEM deems necessary.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 5 - Big River Management Area › Section 490-RICR-00-00-5.8 - Enforcement

Current through June 14, 2024
RIDEM shall have the enforcement authority for the
					 Management Area pursuant to R.I. Gen. Laws §§
										46-15.1-19.1,  20-1-8 and R.I. Gen. Laws Chapter 42-17.1.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 6 - RI Water Facilities Program Administrative Procedure › Section 490-RICR-00-00-6.1 - General Provisions

Current through June 14, 2024
6.1.1
Scope and
				 Construction of Rules
A. The following
				 shall constitute the regulations governing disposition of appropriations for the
				 purpose of providing twenty-five (25) percent and/or fifty (50) percent of the
				 cost of approved water transmission facilities for public water supply pursuant
				 to R.I. Gen. Laws Chapter 46-15.2, as amended. These rules prescribe procedures
				 for application, minimum standards of conduct of grantees, and performance
				 standards for the development of potable water transmission facilities.
B. The regulations shall be liberally construed
				 to permit the Board to effectuate the purpose of the law.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 7 - Water Quality Protection Charges › Section 490-RICR-00-00-7.1 - Purpose and Authority

Current through June 14, 2024
This section prescribes procedures and requirements for the
					 imposition, collection, remittance and distribution of the water quality
					 protection charge, authorized by R.I. Gen. Laws Chapter 46-15.3, as
					 amended.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 7 - Water Quality Protection Charges › Section 490-RICR-00-00-7.3 - Applicability

Current through June 14, 2024
A. The water quality protection charge shall
				 be imposed per R.I. Gen. Laws §
										46-15.3-5, as amended.
1. Exemptions from water quality protection
				 charges for elderly customers shall be made only upon proper application and
				 qualifications. These exemptions shall be applied prospectively only to
				 billings rendered after application and qualification and the attainment of age
				 65.
2. Suppliers shall require
				 proof of age in the same manner as the supplier requires proof of age to
				 support applications for exemptions from or freezes on local property taxes, if
				 applicable. If not applicable, suppliers shall require proof of age by means
				 such as a driver's license or a birth certificate. To be eligible for the
				 elderly exemption, the property for which the exemption is sought must be
				 occupied by the elderly person seeking the exemption and water service must be
				 in the name of the elderly person seeking the exemption. The elderly exemption
				 shall apply only to that portion of the property occupied by the elderly person
				 and the members of the elderly person's household. "Household" as used herein
				 means one or more persons occupying a dwelling unit and living as a single
				 non-profit housekeeping unit. "Household" does not include bona fide lessees,
				 tenants or roomers, and boarders on contract.
3. The water quality protection charge shall
				 be pro-rated by the number of living units to provide for only such portion of
				 the premises occupied by the elderly person or his or her household to benefit
				 from the exemption. For example, if an elderly person seeking an exemption
				 occupies one unit of a three-unit apartment house metered in the name of the
				 elderly person, the elderly person will qualify for an exemption from only 1/3
				 of the water quality protection charge.
4. Elderly exemptions shall continue only so
				 long as qualification for exemption continues in all respects.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 7 - Water Quality Protection Charges › Section 490-RICR-00-00-7.4 - Collection of Water Quality Protection Charge

Current through June 14, 2024
A.
				 Water Quality Protection Charges collected and remitted shall be based on
				 supplier billings. Amount "due for supplier's billings" in these rules means
				 amount due from customers at such time customers may pay without the imposition
				 of penalties or interest or such other time as customer bills will not be
				 overdue. The supplier's billings subject to remittance are deemed to be the
				 billings due from the supplier's customers in the amounts and at such times the
				 billings are due to the supplier from its customers, pursuant to R.I. Gen. Laws
				 §
										46-15.3-9.
B. The supplier
				 shall remit all amounts due for supplier's billings to the Bank and the Board
				 respectively on or before the twentieth (20th) day of the second month
				 following the month of billing.
C.
				 Each remittance to the Bank and the Board shall be accompanied by a completed
				 remittance form provided by the Bank and the Board for their respective
				 funds.
D. A record of billings
				 shall be maintained by every supplier, showing:
1. The amount of water billed, amount of
				 water quality protection charges billed, and amounts of water quality
				 protection charges remitted to the Bank and the Board.
2. The number of exemptions from the water
				 quality protection charge granted to a purchaser who is 65 years of age and
				 over.
3. The number of exemptions
				 from the water quality protection charge granted to a commercial agricultural
				 producer.
4. Suppliers shall
				 maintain their records regarding water consumption, billings, sales, and
				 exemptions for at least a 6-year period. Suppliers shall for the same period
				 maintain their records regarding elderly and commercial agricultural exemption
				 applications. Suppliers shall provide the Bank and the Board with full access
				 to their books and records and any other information reasonably required by the
				 Bank and the Board to insure proper remittance of water quality protection
				 charges to the Bank and the Board and compliance with the Act, R.I. Gen. Laws
				 Chapter 46-12.2, and any policies of the Bank related to the administration of
				 water quality protection charges.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 7 - Water Quality Protection Charges › Section 490-RICR-00-00-7.5 - Project Eligibility Process

Current through June 14, 2024
A. Suppliers
				 interested in seeking funding Bank WQPC Fund may submit an application to the
				 Board according the procedure delineated below. The application is available at
				 the Board's offices or as published by the Board. There are two types of
				 projects the Board may consider. First, applications to acquire and permanently
				 protect water supply land. Second, applications to construct physical
				 improvements that directly protect drinking water quality.
1. Applications to construct physical
				 improvements that directly protect drinking water quality must meet the
				 eligibility requirements as set forth in §
											7.6(D)(3)     of this
				 Part.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 7 - Water Quality Protection Charges › Section 490-RICR-00-00-7.6 - Eligible Expenditures from the Bank Water Quality Protection Charge Fund

Current through June 14, 2024
A. This section applies to water quality
				 protection charge funds remitted to the Rhode Island Infrastructure Bank
				 pursuant to the Act and R.I. Gen. Laws Chapter 46-12.2, which shall be held by
				 the Bank in the Bank WQPC Fund.
B.
				 The Bank may withdraw, and the Board and/or Board Staff may request from time
				 to time, from the Bank WQPC Fund such amounts as are necessary for the
				 administration of the Fund including but not limited to the costs of issuance
				 of notes or bonds or other forms of indebtedness.
C. Only Suppliers that withdraw water from
				 wells, reservoirs, springs, or other original sources in potable quality shall
				 be entitled to disbursement of funds from the Bank WQPC Fund pursuant to the
				 Act.
D. Eligible Expenditures for
				 Suppliers
1. Suppliers shall be required to
				 expend Bank WQPC Fund monies and related bond proceeds in accordance with the
				 Act.
2. Not less than 55% of Bank
				 WQPC Fund monies shall be spent for the acquisition of land or rights in land
				 or physical improvements to acquired land required to protect the quality of
				 raw water in the water supply system. The following costs shall be included as
				 part of the 55% requirement:
a. Expenditures
				 for maintenance, administration, related property surveys and appraisals, and
				 payment of taxes.
b. Acquisition of
				 watershed lands located within or outside the state.
c. Reimbursements for a maximum of 40% of the
				 total cost to prepare water supply system management plans.
d. Reimbursements for monies spent for
				 eligible projects under this section which closed on or after March 1, 2015
				 shall be eligible for funding from the Bank WQPC Fund and shall be included as
				 part of the 55% requirement.
3. Any remaining funds may be used for the
				 construction of physical improvements that directly protect the quality and
				 safety of public drinking water supply:
a. As
				 set forth on a Board approved water quality improvements project list, which
				 may be amended from time to time by the Board.
b. A supplier may appeal to the Board for
				 consideration of projects not on the list. The Board or the Board Staff as set
				 forth in these regulations shall make the final determination regarding the
				 eligibility of water safety and quality improvements.
c. No funds shall be used to extend service
				 lines, to expand system capacity, or to install and maintain customarily
				 applied water supply improvements.
4. Preparation and updates of water supply
				 system management plans and property surveys and appraisals related to eligible
				 land acquisition may be reimbursed or paid from the Bank WQPC Fund
				 monies.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 7 - Water Quality Protection Charges › Section 490-RICR-00-00-7.8 - Supplier Agreements

Current through June 14, 2024
A. The Bank shall
				 enter into supplier agreements with suppliers to provide funding from the Bank
				 WQPC Fund for eligible projects as determined by the Board.
B. Suppliers shall comply with all terms and
				 conditions of such supplier agreements. The Bank will be under no obligation
				 whatsoever to approve supplier's requisitions of funds from the Bank WQPC Fund
				 if such supplier is not current on all water quality protection charges owed to
				 the Bank or Board in the Bank or Board's determination.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 7 - Water Quality Protection Charges › Section 490-RICR-00-00-7.9 - Access

Current through June 14, 2024
The supplier and the supplier's contractors, consultants
					 and all others employed through expenditure of Bank WQPC Fund monies shall give
					 and provide to the Bank and Board's personnel and/or representatives access to
					 the facilities, premises, and records related to the disbursement and
					 expenditure of Bank WQPC Fund monies. The supplier shall submit to the Board
					 such documents and information as requested by the Bank or the Board. The
					 supplier shall retain all records related to the disbursement and expenditure
					 of Bank WQPC Fund monies.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 7 - Water Quality Protection Charges › Section 490-RICR-00-00-7.10 - Non-compliance

Current through June 14, 2024
In addition to any other rights or remedies available to
					 the Bank and the Board whether pursuant to law, or equity, or agreement, in the
					 event of non-compliance by a supplier with any provision(s) of the Act, or
					 other applicable Rhode Island General Laws, or applicable regulations, or the
					 specific requirements of these procedures, or any supplier agreement, the Bank
					 or the Board may issue a notice of non-compliance, withhold or terminate
					 disbursement of funds, and/or terminate or annul the supplier
					 agreement.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 7 - Water Quality Protection Charges › Section 490-RICR-00-00-7.11 - Notice of Non-compliance

Current through June 14, 2024
When the Board determines that the supplier is in
					 non-compliance with any condition and/or requirement of any law, regulation,
					 and/or the supplier agreement, the Bank or the Board shall notify the supplier
					 of the non-compliance. The Bank or the Board may require the supplier, its
					 consultants, contractors, or others employed through the expenditure of Bank
					 WQPC Fund monies to take and complete corrective action within 30 days of
					 receipt of notice of noncompliance. If the supplier, its consultants,
					 contractors, and others employed through the expenditure of Bank WQPC Fund
					 monies do not take corrective action or if such action is not deemed adequate
					 by the Bank or the Board, the Bank may withhold disbursement of funds.
					 Notwithstanding the foregoing, the Bank may withhold disbursement of funds
					 without issuing a notice pursuant to this section.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 7 - Water Quality Protection Charges › Section 490-RICR-00-00-7.12 - Severability

Current through June 14, 2024
If any section, subsection, provision, clause or portion of
					 these rules is adjudged unconstitutional or invalid by a court of competent
					 jurisdiction, the remainder of these rules shall not be affected
					 thereby.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 9 - Rules of Procedure for Administrative Hearings › Section 490-RICR-00-00-9.1 - Authority

Current through June 14, 2024
This Part is promulgated pursuant to R.I. Gen. Laws
					 §§
										46-15-2(b),  46-15-2.1,  42-35-9, and  42-35-15 ("Administrative
					 Procedures").
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 9 - Rules of Procedure for Administrative Hearings › Section 490-RICR-00-00-9.2 - Purpose and Applicability

Current through June 14, 2024
A. These "Rules"
				  prescribe procedures and requirements for the Water Resources Board ("Board")
				  to review, and if required, issue decisions and orders from appeals related to
				  the denial of water supply extensions by water suppliers as defined in §
				  9.3(A)(9) of this Part.
B. This
				  Part shall govern the conduct of adjudicatory proceedings commenced before the
				  Board after their effective date. This Part shall be liberally construed to
				  further the fair, prompt and orderly administration and determination of
				  adjudicatory proceedings. To the extent that any section of this Part is
				  inconsistent with applicable law or the terms of any other rule or regulation
				  promulgated by the Board, the applicable law and/or the terms of such other
				  rule or regulation shall be deemed to apply.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 9 - Rules of Procedure for Administrative Hearings › Section 490-RICR-00-00-9.3 - Definitions

Current through June 14, 2024
A. When used in this Part, the following
				  words, except as otherwise required by the context, shall have the following
				  meaning:
1. "Board" means the Rhode Island
				  Water Resources Board as established by R.I. Gen. Laws Chapters 46-15 and
				  46-15.1, as amended.
2. "Board
				  Counsel" means the legal representative of the Board.
3. "Appeal" means an adjudicatory appellate
				  proceeding before the Board to review a prior decision or order from a Supplier
				  as defined by this Part in which the legal rights, duties or privileges of a
				  Party or Parties are determined by the Board.
4. "Appellant" means an aggrieved Party who
				  filed an Appeal with the Board from a decision or order of a Supplier as
				  defined by this Part.
5 "Appellee"
				  means a Party who is the subject of an Appeal pursuant to this Part.
6. "Order" means a final order or a final
				  decision on an appeal to the Board, whether affirmative, negative, or
				  injunctive.
7. "Party" or "Parties"
				  means each Person named or admitted as a Party, or properly seeking and
				  entitled as of right to be admitted as a Party in an Appeal.
8. "Person" means any individual,
				  partnership, corporation, limited liability company, association, governmental
				  subdivision, public or private organization or any other entity however
				  formed.
9. "Reasonable cause" means
				  there exists a set of facts of a type commonly relied upon by reasonably
				  prudent persons in the conduct of their affairs which would induce a reasonably
				  intelligent and prudent person to believe that a violation(s) of law, rule, or
				  regulation has occurred.
10.
				  "Regular business hours" means the regular business hours of the Board from
				  8:30 a.m. to 4:00 p.m. Monday through Friday except for holidays observed by
				  the State of Rhode Island.
11.
				  "Supplier" means all municipalities, municipal departments and agencies,
				  districts, authorities, or other entities engaged in or authorized to engage in
				  the supply, treatment, transmission, or distribution of drinking water on a
				  wholesale or retail basis and is subject to the requirement to prepare and
				  maintain a Water Supply System Management Plan pursuant to R.I. Gen. Laws
				  §
											46-15.3-5.1.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 9 - Rules of Procedure for Administrative Hearings › Section 490-RICR-00-00-9.4 - Appeals

Current through June 14, 2024
A. Appeals. An Appeal may be filed by an
				  aggrieved Party or their authorized representative to contest the denial of an
				  extension of public water service by a Supplier as defined in this
				  Part.
B. Filing of Appeal. An
				  Appeal is commenced by filing a timely written appeal with the Board either:
1. Within thirty (30) days after mailing
				  notice of the final decision of the Supplier is received by the aggrieved
				  Party; or
2. If a rehearing or
				  reconsideration of a final decision of a Supplier is requested by the aggrieved
				  Party, within thirty (30) days after the final decision of the Supplier on the
				  request for rehearing or reconsideration is received by the aggrieved
				  Party.
3. Copies of the Appeal
				  shall be served upon the Supplier and all other Parties of record by the
				  Appellant in the manner prescribed by this Part within twenty (20) days after
				  it is filed with the Board; Provided, however, that the time for service may be
				  extended for good cause by order of the Board.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 9 - Rules of Procedure for Administrative Hearings › Section 490-RICR-00-00-9.5 - Procedures

Current through June 14, 2024
A. Notice. In any Appeal, all Parties shall
				  be afforded an opportunity for a hearing after reasonable notice.
B. Contents of Notice: The Notice shall
				  comply with R.I. Gen. Laws §
										42-35-9(b)  and shall include:
1. A statement of the time, place, and nature
				  of the Appeal;
2. A statement of
				  the legal authority and jurisdiction under which the Appeal is filed;
3. A reference to the particular section(s)
				  of the applicable statutes and rules;
4. A short and plain statement of the nature
				  of the Appeal. If the Supplier or aggrieved Party is unable to state the nature
				  of the Appeal in detail at the time the notice is served, the initial notice
				  may be limited to a statement of the relevant issues involved. A more detailed
				  statement of the nature of the Appeal shall then be filed with the Board no
				  later than thirty (30) days from the date the notice is served.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 9 - Rules of Procedure for Administrative Hearings › Section 490-RICR-00-00-9.7 - Standard of Review

Current through June 14, 2024
A. Any Party, as
				  defined herein, who has exhausted all administrative remedies available to them
				  by the Supplier, and/or who is aggrieved by a final order of the Supplier, is
				  entitled to an Appeal pursuant to this Part.
1. This section does not limit utilization of
				  or the scope of administrative review available under other means of review,
				  redress, relief, or trial de novo as may be provided by law.
2. A preliminary, procedural, or intermediate
				  Supplier order, act, or decision is reviewable by the Board:
a. In any case in which review of a Supplier
				  order and/or decision does not provide an adequate remedy to the aggrieved
				  Party; or
b. If the Supplier has
				  not issued a timely final order and/or decision and said failure may affect
				  substantial rights of the aggrieved Party.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 9 - Rules of Procedure for Administrative Hearings › Section 490-RICR-00-00-9.8 - Decision

Current through June 14, 2024
A. All decisions or orders rendered by the
				  Board shall be in writing and shall comply with the requirements of R.I. Gen.
				  Laws §
										42-35-12. The decision and order shall be delivered to all Parties
				  with a notice indicating the right to take an appeal of the decision and order
				  to the Superior Court pursuant to R.I. Gen. Laws §
										42-35-15.
B. At any time after the issuance of a final
				  decision or order of the Board, any Party may, for good cause shown, by written
				  motion petition the Board to reconsider its' final decision or order. The
				  petitioner shall file their motion within twenty (20) days of the issuance of
				  the final decision or order of the Board and shall set forth the grounds upon
				  which they rely. The Board, in its sole discretion, may grant or deny the
				  motion for reconsideration and may order such relief as it deems appropriate
				  under the circumstances.
C. The
				  Board shall not entertain a motion for reconsideration filed more than twenty
				  (20) days after entry of the final decision or order of the Board unless the
				  Board finds good cause to entertain said motion.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 9 - Rules of Procedure for Administrative Hearings › Section 490-RICR-00-00-9.9 - Judicial Review

Current through June 14, 2024
A. Any Party
				  aggrieved by a final written decision or order of the Board may file an appeal
				  to the Superior Court pursuant to R.I. Gen. Laws §
										42-35-15. In the
				  absence of a timely appeal to the Superior Court, the order or decision of the
				  Board shall become final and no further administrative appeal may be
				  taken.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 9 - Rules of Procedure for Administrative Hearings › Section 490-RICR-00-00-9.10 - Default

Current through June 14, 2024
A. If any Party to an Appeal fails to answer
				  the Appeal, or otherwise fails to prosecute or defend an Appeal as provided by
				  this Part, or fails to appear at any proceeding before the Board, the Board may
				  enter a default judgment against the defaulting Party, or take such action
				  based on the pleadings or other evidence submitted by the non-defaulting Party,
				  as the Board deems appropriate in its sole discretion. A challenge to such an
				  order shall be made as a written motion for reconsideration pursuant to this
				  Part.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 9 - Rules of Procedure for Administrative Hearings › Section 490-RICR-00-00-9.11 - Dismissal Stipulation

Current through June 14, 2024
A. If the Parties
				  settle the matter, the Parties shall file with the Board a written stipulation
				  of dismissal requesting that the stipulation of dismissal be approved by the
				  Board. If the Board does not accept the stipulation of dismissal by the
				  Parties, the Appeal shall continue in accordance with this Part.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 9 - Rules of Procedure for Administrative Hearings › Section 490-RICR-00-00-9.12 - Public Information

Current through June 14, 2024
A. Access to public
				  records shall be governed in accordance with R.I. Gen. Laws §
										38-2-1
et seq
. All hearings and appeals are conducted pursuant to the
				  Administrative Procedures Act, R.I. Gen. Laws §
										42-35-1
et
				  seq
. Except where the Board directs otherwise, or when the documents
				  in question are governed by R.I. Gen. Laws §
										27-13.1-5(f), upon the
				  opening of a prehearing conference all pleadings, orders, communications,
				  exhibits, and other documents filed with the Board shall become public records.
				  Any claim of privilege shall be governed by the policy underlying the Access to
				  Public Records Act, with the burden of proof resting on the Party claiming the
				  privilege.
B. Any Party may request
				  a preliminary finding that some or all of the information is not a public
				  document under the Access to Public Records Act. A preliminary finding that
				  some documents are privileged shall not preclude the Board from later
				  determining that those documents are public in accordance with R.I. Gen. Laws
				  §
										38-2-1
et seq
.
C. Claims of privilege shall be made by
				  filing a written request with the Board. One copy of the original documents,
				  boldly indicating on the front page, "Contains Privileged Information - Do Not
				  Release," shall be filed specifically identifying the information for which the
				  privilege is sought, along with a description of the grounds upon which the
				  Party is claiming a privilege. If a document is filed electronically, it shall
				  contain a statement that the information has been redacted; however, the
				  original document must be filed as delineated above.
D. The Board shall retain the documents for
				  which privilege is asserted to exist in a secure, non-public file until a
				  determination is made as to whether to grant the request for privileged
				  treatment.
E. Any person, whether
				  or not a Party to the Appeal, may apply to the Board for release of the
				  information, pursuant to R.I. Gen. Laws §
										38-2-1
et seq
.,
				  the Access to Public Records Act. Such requests shall be governed by R.I. Gen.
				  Laws §
										38-2-1
et seq
. and any regulations
				  thereunder.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 9 - Rules of Procedure for Administrative Hearings › Section 490-RICR-00-00-9.13 - Severability

Current through June 14, 2024
A. If any section, term, or provision of this
				  Part should be adjudged invalid for any reason, that judgment shall not effect,
				  impair, or invalidate any remaining section, term, or provision, which shall
				  remain in full force and effect.
Rhode Island Code of Regulations › Title 500 - Advisory Commission on Historical Cemeteries › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Procedures for the Operation of the Advisory Commission on Historical Cemeteries (500-RICR-00-00-1) › Section 500-RICR-00-00-1.1 - PURPOSE

Current through June 14, 2024
The purpose of these rules and regulations is to establish
					 the operating procedures of the Commission for administering the Historical
					 Cemeteries Act.
Rhode Island Code of Regulations › Title 500 - Advisory Commission on Historical Cemeteries › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Procedures for the Operation of the Advisory Commission on Historical Cemeteries (500-RICR-00-00-1) › Section 500-RICR-00-00-1.2 - AUTHORITY

Current through June 14, 2024
These rules and regulations are promulgated pursuant to R.I.
					 Gen. Laws Chapter 23-18.3, as amended, which authorizes the Commission to ( 3-1a)
					 to study the location, condition, and inventory of historical cemeteries in Rhode
					 Island and to make recommendations to the general assembly relative to historical
					 cemeteries in Rhode Island.
Rhode Island Code of Regulations › Title 500 - Advisory Commission on Historical Cemeteries › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Procedures for the Operation of the Advisory Commission on Historical Cemeteries (500-RICR-00-00-1) › Section 500-RICR-00-00-1.3 - APPLICATION

Current through June 14, 2024
The terms and provisions of these Rules and Regulations shall
					 be liberally construed to permit the Commission to effectuate the purposes of
					 state law, goals, and policies.
Rhode Island Code of Regulations › Title 500 - Advisory Commission on Historical Cemeteries › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Procedures for the Operation of the Advisory Commission on Historical Cemeteries (500-RICR-00-00-1) › Section 500-RICR-00-00-1.4 - DEFINITIONS

Current through June 14, 2024
A. For the purposes of these regulations, the
				 following terms shall have the following meanings:
1. "Act" means R.I. Gen. Laws Chapter 23-18,
				 entitled the Historical Cemeteries Act including any amendments
				 thereto.
2. "Chairperson" means the
				 Chairperson of the Advisory Commission on Historical Cemeteries elected pursuant
				 to R.I. Gen. Laws §
											23-18.3-1(d).
3. "Commission" means the Advisory Commission
				 on Historical Cemeteries Commission as established by R.I. Gen. Laws Chapter
				 23-18.3, as amended.
Rhode Island Code of Regulations › Title 500 - Advisory Commission on Historical Cemeteries › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Procedures for the Operation of the Advisory Commission on Historical Cemeteries (500-RICR-00-00-1) › Section 500-RICR-00-00-1.5 - MEETINGS

Current through June 14, 2024
A. Regular Meetings
1. Regularly scheduled meetings of the
				 Commission shall be established by the Commission at the beginning of each
				 Commission year, which runs from September through August. Meetings shall take
				 place in September, November, April and June.
Rhode Island Code of Regulations › Title 500 - Advisory Commission on Historical Cemeteries › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Procedures for the Operation of the Advisory Commission on Historical Cemeteries (500-RICR-00-00-1) › Section 500-RICR-00-00-1.6 - OFFICERS

Current through June 14, 2024
A. The officers of the Board are a Chair, and a
				 Vice-Chair.
1. Duties of the officers are as
				 follows:
a. Chair
(1) The Chair schedules and posts meetings
				 according to Open Meetings law.
(2)
				 The Chair compiles an agenda and presides over meetings.
(3) The Chair reports monthly to Commissioners
				 on events or activities of interest to the Commission.
(4) The Chair drafts annual report and brings
				 to full Commission for review and approval.
(5) The Chair fields questions and requests for
				 information between meetings and makes appropriate referrals, as do all
				 Commissioners.
(6) The Chair appoints
				 committees as necessary.
Rhode Island Code of Regulations › Title 500 - Advisory Commission on Historical Cemeteries › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Procedures for the Operation of the Advisory Commission on Historical Cemeteries (500-RICR-00-00-1) › Section 500-RICR-00-00-1.7 - SECRETARY

Current through June 14, 2024
A. A secretary is appointed by the Commission.
1. The secretary need not be a member of the
				 Commission.
2. The secretary prepares
				 minutes of the Commission meetings and submits them to the Chair.
3. The Secretary signs the approved minutes and
				 files in Record Book.
Rhode Island Code of Regulations › Title 500 - Advisory Commission on Historical Cemeteries › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Procedures for the Operation of the Advisory Commission on Historical Cemeteries (500-RICR-00-00-1) › Section 500-RICR-00-00-1.8 - DUTIES AND LIMITATIONS OF THE COMMISSION AND ITS MEMBERS

Current through June 14, 2024
A. The Commission is
				 not a regulatory agency and acts in an advisory capacity only.
B. Recommendations and referrals made by the
				 Commission and its members must be based on R.I. Gen. Laws Chapter 23-18 and the
				 Rhode Island Cemetery Handbook.
C.
				 The Commission and its members make recommendations relative to historic
				 cemeteries to individuals and entities.
D. The Commission and its members refer
				 individuals and entities to the city, town, or appropriate regulatory
				 agency.
E. Commissioners must bring
				 to the full Commission any issues not fully addressed by the R.I. Gen. Laws
				 Chapter 23-18 and the Rhode Island Cemetery Handbook or any situation involving a
				 dispute.
F. The full Commission must
				 approve all recommendations, statements, and referrals pertinent to any situation
				 involving a dispute.
Rhode Island Code of Regulations › Title 500 - Advisory Commission on Historical Cemeteries › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Procedures for the Operation of the Advisory Commission on Historical Cemeteries (500-RICR-00-00-1) › Section 500-RICR-00-00-1.9 - SUPERSEDED RULES AND REGULATIONS

Current through June 14, 2024
On the effective date of these rules and regulations, all
					 previous rules and regulations shall be superseded.
Rhode Island Code of Regulations › Title 505 - Agricultural Lands Preservation Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Agricultural Lands Preservation Commission › Section 505-RICR-00-00-1.1 - Purpose

Current through June 14, 2024
The purpose of these Rules and Regulations is to establish
					 the operating procedures of the Agricultural Lands Preservation Commission for
					 the administration of the purchase of development rights to, and criteria for
					 the selection of, parcels for which the development rights may be purchased
					 pursuant to Farmland Preservation Act, R.I. Gen. Laws Chapter
					 42-82.
Rhode Island Code of Regulations › Title 505 - Agricultural Lands Preservation Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Agricultural Lands Preservation Commission › Section 505-RICR-00-00-1.2 - Authority

Current through June 14, 2024
These Rules and Regulations are authorized pursuant to R.I.
					 Gen. Laws Chapter 42-82.
Rhode Island Code of Regulations › Title 505 - Agricultural Lands Preservation Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Agricultural Lands Preservation Commission › Section 505-RICR-00-00-1.3 - Construction and Severability

Current through June 14, 2024
A. The terms and
				 provisions of these Rules and Regulations shall be liberally construed to
				 permit the Commission to effectuate the purposes of state law, goals, and
				 policies.
B. If any provision of
				 these Rules and Regulations, or the application thereof to any person or
				 circumstances, 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 505 - Agricultural Lands Preservation Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Agricultural Lands Preservation Commission › Section 505-RICR-00-00-1.4 - Definitions

Current through June 14, 2024
A. For the purposes of these regulations, the
				 following terms shall have the following meanings:
1. "Act" means the "Farmland Preservation
				 Act," R.I. Gen. Laws Chapter 42-82.
2. "Appraisal" means a report by a certified
				 Rhode Island appraiser that estimates the fair market value of
				 property.
3. "Chairperson" means
				 the Chairperson of the Agricultural Lands Preservation Commission.
4. "Commission" means the Agricultural Lands
				 Preservation Commission as established by R.I. Gen. Laws §
											42-82-1(b).
5. "Department of
				 Environmental Management" means a department of the state government as
				 described in R.I. Gen. Laws Chapter 42-17.
6. "Relative Agricultural Value" or "RAV"
				 means a numerical value of a soil type that has been calculated using a
				 methodology consistent with the United State Department of Agriculture and
				 based on the following factors:
a. The average
				 yield of a selected indicator crop that can be expected from the
				 soil;
b. The amount of soil erosion
				 control practices, irrigation, or other important soil management activities
				 required to achieve acceptable yields from the soil; and
c. Placement of the soil in the USDA
				 Important Farmland classification system.
Rhode Island Code of Regulations › Title 505 - Agricultural Lands Preservation Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Agricultural Lands Preservation Commission › Section 505-RICR-00-00-1.5 - Application Procedures

Current through June 14, 2024
A. The Commission
				 shall develop and make available a form designated as the Application for the
				 Purchase of Development Rights.
B.
				 To be accepted for consideration, the application form must be signed by the
				 landowner or legal agent, be complete, and meet any other requirements
				 established by the Commission.
1. Commission
				 staff shall review each application as it is received. Applications found to be
				 acceptable will be referred to the Commission for evaluation and the applicant
				 shall be notified in writing that the application has been accepted for
				 review.
2. Applications found to be
				 deficient will be returned to the applicant with a statement as to the
				 deficiencies noted and a notice that the applicant can correct these and
				 resubmit the application.