reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 10 - Liquor › Part 2 - Alternating Proprietorships and Contract Production › Section 230-RICR-30-10-2.1 - Authority

Current through June 14, 2024
This Part is promulgated in accordance with R.I. Gen. Laws
					 §§
										3-2-2 and
					 3-6-1
et seq.
to
					 codify requirements pertaining to alternating proprietorship and contract
					 production business models that are recognized by the TTB Federal regulatory
					 authority.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 10 - Liquor › Part 2 - Alternating Proprietorships and Contract Production › Section 230-RICR-30-10-2.2 - Purpose

Current through June 14, 2024
The purpose of this Part is to supplement the Liquor
					 Control Administration Regulations promulgated by the Department of Business
					 Regulation, Part 1 of this Subchapter.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 10 - Liquor › Part 2 - Alternating Proprietorships and Contract Production › Section 230-RICR-30-10-2.3 - Definitions

Current through June 14, 2024
A. In addition to the terms defined in R.I.
				  Gen. Laws §
										3-1-1 and Part 1 of this
				  Subchapter, for this Part 2 the following terms shall have the corresponding
				  meanings:
1. "Alternating proprietorship"
				  means an arrangement where two (2) or more manufacturers licensed under R.I.
				  Gen. Laws Chapter 3-6 alternate the use of all or designated portions of the
				  same equipment and licensed premises for the production of alcoholic beverages
				  in compliance with this Part.
2.
				  "Contract brand owner" means a brand owner that is party to a contract
				  production agreement.
3. "Contract
				  manufacturing" or "contract production" means an arrangement where a
				  manufacturer licensed under R.I. Gen. Laws Chapter 3-6 manufactures alcoholic
				  beverages for one (1) or more contract brand owners in compliance with this
				  Part.
4. "Contract producer" means
				  a licensed manufacturer that is party to a contract production
				  agreement.
5. "Host proprietor"
				  means the licensed manufacturer that is party to one (1) or more alternating
				  proprietorship agreements.
6.
				  "Manufacturer" means an alcoholic beverage manufacturer licensed under R.I.
				  Gen. Laws Chapter 3-6 and includes a Rhode Island licensed brewery, distillery,
				  winery or rectifier.
7. "Tenant
				  proprietor" means a licensed manufacturer that is party to an alternating
				  proprietorship agreement.
8. "TTB"
				  means the Alcohol and Tobacco Tax and Trade Bureau, a bureau of the U.S.
				  Department of Treasury.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 10 - Liquor › Part 2 - Alternating Proprietorships and Contract Production › Section 230-RICR-30-10-2.5 - Requirements Regarding Contract Manufacturing

Current through June 14, 2024
A.
				  Contract productions shall comply with the following requirements:
1. The contract producer will maintain in
				  good standing a manufacturing license of the applicable type under R.I. Gen.
				  Laws Chapter 3-6, either brewery, distillery, rectifier or rectifier, and
				  comply with R.I. Gen. Laws Title 3, the Regulations promulgated thereunder and
				  all other applicable State laws;
2.
				  The contract producer will maintain in good standing all required permits or
				  notices from the TTB and comply with applicable Federal laws;
3. The contract brand owner will not hold any
				  direct or indirect interest in the contract producer or in any license that
				  would be contrary to R.I. Gen. Laws Title 3;
4. The contract producer will maintain
				  operational and managerial control with respect to alcohol production at the
				  licensed premises and the contract brand owner will not engage in any alcohol
				  production activity at the premises;
5. The contract producer will hold title to
				  the manufacturing materials and beverages produced pursuant to the contract
				  production agreement at all stages of production and until removal from the
				  licensed premises;
6. The contract
				  producer will separately maintain the beverages produced pursuant to each
				  contract production agreement to ensure they are identifiable as the subject of
				  the respective contract at all times until removal from the licensed
				  premises;
7. The contract producer
				  will submit with its license application all documents, attestations and
				  information requested by the Department including:
a. The form of contract production agreement;
				  and
b. Any amendments of the
				  foregoing item in §
												2.5(A)(7)(a)   of this Part.
8. The contract producer will report to the
				  Department if its total alcohol production volume, including contract
				  production volume, increases such that it must pay a higher license fee
				  pursuant to the relevant provisions of R.I. Gen. Laws Title 3 and/or Part 1 of
				  this Subchapter;
9. All contract
				  manufactured products must comply with applicable Federal and Rhode Island
				  State labelling, label registration and tax requirements; and
10. The contract producer will make available
				  to the Department during inspection an up-to-date listing and copies of all
				  contract production agreements, production records, its manufacturing license
				  and TTB permit.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 10 - Liquor › Part 2 - Alternating Proprietorships and Contract Production › Section 230-RICR-30-10-2.6 - Compliance with Applicable Laws

Current through June 14, 2024
A. Nothing herein
				  shall alter the provisions of R.I. Gen. Laws Title 3 regarding any wholesale
				  distribution and/or retail sales restrictions and requirements that are
				  applicable to beverage sales within the State of Rhode Island.
B. All parties to an alternating
				  proprietorship or contract production must comply with R.I. Gen. Laws Title 3,
				  the regulations promulgated thereunder and other applicable State and Federal
				  laws.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 10 - Liquor › Part 2 - Alternating Proprietorships and Contract Production › Section 230-RICR-30-10-2.7 - Severability

Current through June 14, 2024
If any section, term, or provision of this Regulation is
					 adjudged invalid for any reason, all remaining sections, terms, and provisions
					 shall remain in full force and effect.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 15 - Mobile and Manufactured Homes › Part 1 - Mobile and Manufactured Homes (230-RICR-30-15-1) › Section 230-RICR-30-15-1.1 - Authority

Current through June 14, 2024
These Rules and Regulations governing mobile and
					 manufactured homes (hereinafter referred to as the "Rules") are adopted
					 pursuant to the authority vested in the Director of the Department of Business
					 Regulation of the State of Rhode Island under R.I. Gen. Laws §
										31-44-1, et seq., (the
					 "Act").
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 15 - Mobile and Manufactured Homes › Part 1 - Mobile and Manufactured Homes (230-RICR-30-15-1) › Section 230-RICR-30-15-1.2 - Purpose

Current through June 14, 2024
The purpose of these Rules is to create standards and
					 procedures for the issuance of licenses to operate mobile and manufactured home
					 parks and to generally assist the Department of Business Regulation in carrying
					 out the administration and enforcement of the terms and provisions of the Act
					 so that the public interest may be effectively served.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 15 - Mobile and Manufactured Homes › Part 1 - Mobile and Manufactured Homes (230-RICR-30-15-1) › Section 230-RICR-30-15-1.3 - Incorporated Materials

Current through June 14, 2024
These regulations hereby adopt and incorporate
					 24 C.F.R. §
											3280 (1993) by reference, not including any
					 further editions or amendments thereof and only to the extent that the
					 provisions therein are not inconsistent with these
					 regulations.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 15 - Mobile and Manufactured Homes › Part 1 - Mobile and Manufactured Homes (230-RICR-30-15-1) › Section 230-RICR-30-15-1.4 - Definitions

Current through June 14, 2024
A. When used in these Rules, the following
				  words, except as otherwise required by the context, shall have the following
				  meanings:
1. "Applicant" means any Person
				  filing an application for a License to operate a mobile and manufactured home
				  park.
2. "Department" means the
				  Department of Business Regulation.
3. "Director" means the Director of the
				  Department of Business Regulation.
4. "Division" means the Division of
				  Commercial Licensing and Regulation.
5. "License" means the Department license
				  issued to an owner of a mobile home and manufactured home park in accordance
				  with these Rules and the Act.
6.
				  "Licensee" shall have the meaning provided in the Act.
7. "Mobile and Manufactured Home(s)" and
				  "Home(s)" shall have the meaning provided in the Act.
8. "Mobile and Manufactured Home Park" shall
				  have the meaning provided in the Act.
9. "Occupied Site" or "Site" means a lot on
				  which a Mobile and Manufactured Home, a recreational vehicle, or any other
				  similar type home or vehicle, by whatever name it may be called, is located,
				  regardless of whether a Person or Persons currently reside therein.
10. "Person" means any individual,
				  partnership, corporation, limited liability company, association, sole
				  proprietorship, public or private organization or any other entity, however
				  formed.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 15 - Mobile and Manufactured Homes › Part 1 - Mobile and Manufactured Homes (230-RICR-30-15-1) › Section 230-RICR-30-15-1.5 - Licenses

Current through June 14, 2024
A. No person shall operate a Mobile and
				  Manufactured Home Park without first obtaining a License from the Department.
				  Any Person wishing to obtain a License shall make written application for such
				  License on the forms prescribed by the Department. Before accepting the
				  application for processing, the application shall be completed in full and
				  shall be accompanied by a non-refundable fee per Occupied Site in the amount
				  specified by the Act.
B. Upon
				  receipt of the License application, the Division shall review the application
				  to determine if it is in compliance with the requirements of the Act and these
				  Rules. The Division may require that the Applicant submit such additional
				  information as the Division may deem necessary to enable it to complete its
				  evaluation of the application.
C.
				  All licenses shall be effective for one (1) year from the date of issuance and
				  may not be transferred without written permission from the
				  Department.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 15 - Mobile and Manufactured Homes › Part 1 - Mobile and Manufactured Homes (230-RICR-30-15-1) › Section 230-RICR-30-15-1.6 - Miscellaneous

Current through June 14, 2024
A. Every Licensee shall file a copy of
				  his/her/its License, including any renewal thereof, with the clerk of the city
				  or town in which the Mobile and Manufactured Home Park is located.
B. Every Licensee shall maintain a definite
				  address, either residential or commercial, which shall be used as an address of
				  record on the application. Post office boxes shall not be used as an address,
				  although they may be used in addition to a definite address, for mailing
				  purposes only.
C. Written notice
				  shall be given to the Director by each Licensee within ten (10) days of any
				  change in mailing, business or residences address, or any change in any
				  information reported on the most recent application.
D. The written fee schedule required by the
				  Act, and all amendments thereto, shall be filed with the Department within
				  three (3) days of publication.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 15 - Mobile and Manufactured Homes › Part 1 - Mobile and Manufactured Homes (230-RICR-30-15-1) › Section 230-RICR-30-15-1.7 - Licensee Obligations

Current through June 14, 2024
A. In addition to
				  the duties and obligations required by the Act, Licensees shall be required to:
1. Provide sufficient electrical service to
				  accommodate all Homes within the Park. Such service shall meet all applicable
				  state and local electrical codes and must be a minimum of 100 amperes for all
				  new Homes. Older Homes must have adequate electrical service sized to the
				  individual Homes;
2. Provide clean
				  and potable water to each and every Home in the Park; adequate water pressure
				  to allow for the ordinary day-to-day needs of all the Homes within the Park;
				  water and sewer lines and connections in good working order; and in the event
				  of an emergency, temporary water or sewer service as necessary;
3. Provide park roads that are graded and
				  maintained in good condition and plowed in winter, and substantially free from
				  all potholes, snow accumulation or other obstructions at all times;
4. Provide each resident of the Park with a
				  list of telephone numbers to be used for normal Park business operations,
				  maintenance and emergencies; and
5. Provide for retention and storage of all
				  leases, disclosure statements and rules and regulations for at least four (4)
				  years after any resident of the Park to whom they relate vacates the
				  Park.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 15 - Mobile and Manufactured Homes › Part 1 - Mobile and Manufactured Homes (230-RICR-30-15-1) › Section 230-RICR-30-15-1.8 - Tie Downs

Current through June 14, 2024
A. All United
				  States Housing and Urban Development ("HUD") approved Homes built since the
				  passage of the HUD Mobile Home Code of 1976 ("HUD Code"), incorporated above at
				  §
										1.3   of this Part, are required to be properly "tied down" according to
				  the latest minimum standards established in the Rhode Island State Building
				  Code (or by reference, the specified national building code). The Licensee is
				  solely responsible for the provision of adequate, acceptable anchoring devices
				  to which a resident may attach his or her Home. The resident is solely
				  responsible for providing chains, cables and/or shackles, or other appropriate
				  devices to connect the Home to these anchoring devices.
B. All Existing Homes located in a Park that
				  were built prior to the HUD Code, incorporated above at §
										1.3   of this Part,
				  are required to be anchored according to appropriate state building code
				  standards upon resale. The Licensee is solely responsible for the provision of
				  adequate, acceptable anchoring devices to which a resident may attach his or
				  her Home. The resident is solely responsible for providing chains, cables,
				  and/or shackles or other appropriate devices to connect the Home to these
				  anchoring devices.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 15 - Mobile and Manufactured Homes › Part 1 - Mobile and Manufactured Homes (230-RICR-30-15-1) › Section 230-RICR-30-15-1.9 - Land Use Changes

Current through June 14, 2024
Any Licensee who makes or who had knowledge of an
					 application of any type of request to any municipal, state or federal agency or
					 other governmental entity with respect to any matter which may result in a
					 change in the land use of a park shall give written notice of the application
					 or request to all affected residents of the Park. The written notice shall
					 clearly state the reasons for which the application or request was filed and
					 the name, address and telephone number of the governmental agency with which
					 the application or request was filed.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 15 - Mobile and Manufactured Homes › Part 1 - Mobile and Manufactured Homes (230-RICR-30-15-1) › Section 230-RICR-30-15-1.10 - Severability

Current through June 14, 2024
If any provision of these Rules or the application thereof
					 to any person of circumstance is held to be invalid, such invalidity shall not
					 effect other provisions or application of these Rules which can be given effect
					 without the invalid provision or application, and to this end the provisions
					 are declared to be severable.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 20 - Real Estate › Part 1 - Real Estate Appraisers (formerly Commercial Licensing Regulation 10) (230-RICR-30-20-1) › Section 230-RICR-30-20-1.1 - Authority, Purpose and Scope

Current through June 14, 2024
A. Authority: This
				  regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws
				  §§
										5-20.7-4(c)(6),
				  5-20.7-6(a)(6),
				  and 42-14-17.
B. Purpose: The purpose of this regulation is
				  to promote the general welfare of the citizens of Rhode Island by the
				  implementation of R.I. Gen. Laws §
										5-20.7-1, et seq., and R.I. Gen.
				  Laws §
										42-35-3 so that the provisions
				  thereunder may be best effectuated and the public interest be most effectively
				  served.
C. Scope:
1. As of January 1, 2007, the State of Rhode
				  Island became a "mandatory state" that requires licensure or certification as
				  an appraiser pursuant to R.I. Gen. Laws §
											5-20.7-1, et seq., for those
				  persons who issue opinions or analyses of value or use relating to real
				  property in this state. This licensing requirement applies to all opinions or
				  analyses of real estate value or use, whether in the form of a written
				  appraisal, consultant's report, or expert testimony before a court or an
				  administrative body (such as a local zoning board).
2. Notwithstanding the mandatory licensure
				  requirement, any person who holds a real estate broker or salesperson's license
				  may provide, in the ordinary course of business, a written or oral opinion of
				  value of real estate solely for the purposes of a prospective listing,
				  purchase, sale, or business valuation but may not refer to such an opinion of
				  value as an appraisal.
3. The
				  Rhode Island Real Estate Appraisers Board and the Rhode Island Department of
				  Business Regulation shall utilize the following rules, regulations, and
				  standards for the licensing, certification, and recertification of real estate
				  appraisers in the State of Rhode Island.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 20 - Real Estate › Part 1 - Real Estate Appraisers (formerly Commercial Licensing Regulation 10) (230-RICR-30-20-1) › Section 230-RICR-30-20-1.3 - Data Transmission to ASC

Current through June 14, 2024
The Department shall transmit to the ASC all required
					 information, reports, rosters, and fees in accordance with Title XI of FIRREA,
					 12 U.S.C. §
											3338.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 20 - Real Estate › Part 1 - Real Estate Appraisers (formerly Commercial Licensing Regulation 10) (230-RICR-30-20-1) › Section 230-RICR-30-20-1.4 - Fees and Charges

Current through June 14, 2024
A. Establishment of
				  Fees and Charges.
The Director of the Department must approve all fees and
					 charges. All fees and charges shall be nonrefundable. The Department will not
					 prorate fees.
B.
				  Application Fees.
Initial Resident Application Fee: $200
Non-resident Reciprocal Application Fee: $200
C. Examination Fees.
Initial Examination: As Prescribed by Pre-Approved Testing
					 Service
Re-Examination: As Prescribed by Pre-Approved Testing
					 Service
D.
				  License/Certification Fees.
Initial License/Certification (per year): $200
Renewal License/Certification (per year): $200
Non-resident Reciprocal License/Certification (per year):
					 $200
Temporary Practice Permit/Certificate (6 mos.): $200
National Registry Fees (per year) $40
E. Miscellaneous Fees.
Certificate of Licensure: $10
Reinstatement Fee: $30
Education Submission Fee: $25
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 20 - Real Estate › Part 1 - Real Estate Appraisers (formerly Commercial Licensing Regulation 10) (230-RICR-30-20-1) › Section 230-RICR-30-20-1.5 - Four Classifications of Licensure

Current through June 14, 2024
A. In ascending
				  order of education and experience, the four classifications of licensure are:
1. Trainee;
2. Licensed Residential Real Estate
				  Appraiser;
3. Certified Residential
				  Real Estate Appraiser; and
4.
				  Certified General Real Estate Appraiser.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 20 - Real Estate › Part 1 - Real Estate Appraisers (formerly Commercial Licensing Regulation 10) (230-RICR-30-20-1) › Section 230-RICR-30-20-1.6 - Certification or Licensure Required

Current through June 14, 2024
No person shall provide an analysis, opinion, or conclusion
					 that relates to the nature, quality, value or utility of identified real estate
					 as a consultant, expert witness, or otherwise, unless duly licensed or
					 certified as an appraiser pursuant to R.I. Gen. Laws §
										5-20.7-1, et seq.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 20 - Real Estate › Part 1 - Real Estate Appraisers (formerly Commercial Licensing Regulation 10) (230-RICR-30-20-1) › Section 230-RICR-30-20-1.7 - Term of Licenses/Renewals

Current through June 14, 2024
A. Every
				  certificate or license issued pursuant to R.I. Gen. Laws §
										5-20.7-1, et seq., shall be for a
				  term of two (2) years from the date of issuance. The expiration date of the
				  certificate or license shall appear on the certificate or license. No other
				  notice of its expiration need be given to the holder thereof.
B. Every person certified or licensed
				  pursuant to R.I. Gen. Laws §
										5-20.7-1, et seq., who desires to
				  renew the certification or license shall apply for the renewal of the license
				  or certification upon a form to be furnished by the Department, which shall
				  contain whatever information the Department requires. Any renewal of a
				  certification or license shall be subject to the same provisions and
				  requirements covering issuance, suspension, and revocation of any certification
				  or license as originally issued.
C.
				  Any person who otherwise satisfies the renewal requirements for a license or
				  certification may renew a license or certification within one (1) year after
				  its expiration date thereof for a reinstatement fee of thirty ($30) dollars, in
				  addition to the required renewal fee.
D. Any person seeking to reinstate a license
				  after expiration must affirm by affidavit that he or she has not engaged in any
				  unlicensed real estate appraisal activity since the expiration of the
				  license.
E. If a person has engaged
				  in unlicensed real estate appraisal activity pursuant to R.I. Gen. Laws §
										5-20.7-1, et seq., the person must
				  file an affidavit with the Department listing all such unlicensed activity. The
				  Department shall review the affidavit submitted and may either levy a sanction
				  upon a determination that the license may be reinstated or decide not to
				  reinstate the license.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 20 - Real Estate › Part 1 - Real Estate Appraisers (formerly Commercial Licensing Regulation 10) (230-RICR-30-20-1) › Section 230-RICR-30-20-1.8 - Qualifying Criteria for Licensing and Certification

Current through June 14, 2024
A. Criteria Applicable to all Appraiser
				  Classifications.
1. Qualifying Experience
				  Requirements.
a. All persons applying for an
				  upgrade to a higher license classification shall submit a log evidencing his or
				  her appraisal experience on a form provided by the Department. The form must be
				  signed by the applicant, and shall include the following information for each
				  appraisal assignment:
(1) Date of
				  report;
(2) Address of appraised
				  property;
(3) Type of
				  property;
(4) Description of work
				  performed by the applicant;
(5)
				  Scope of supervising appraiser's review;
(6) Scope of supervising appraiser's
				  supervision; and
(7) Number of
				  actual work hours by the applicant on the assignment;
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 20 - Real Estate › Part 1 - Real Estate Appraisers (formerly Commercial Licensing Regulation 10) (230-RICR-30-20-1) › Section 230-RICR-30-20-1.9 - Trainees

Current through June 14, 2024
A. Initial Requirements for Licensure.
1. Education.
a. An applicant for a trainee license must
				  demonstrate that he or she has successfully completed the requisite core
				  courses in accordance with RPAQC in subjects related to real estate appraisal
				  and USPAP from a nationally recognized appraisal organization, college,
				  university or other school pre-approved by the AQB or such other school
				  approved by the Board and the Department. All qualifying education must be
				  completed within the five (5) year period prior to the date of submission of an
				  application for a Trainee Appraiser credential.
b. A Trainee Appraiser shall complete a
				  course that, at a minimum, complies with the specifications for course content
				  established by the AQB. The course will be oriented toward the requirements and
				  responsibilities of Supervisory Appraisers and expectations for Trainee
				  Appraisers. The course must be completed prior to obtaining a Trainee Appraiser
				  credential.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 20 - Real Estate › Part 1 - Real Estate Appraisers (formerly Commercial Licensing Regulation 10) (230-RICR-30-20-1) › Section 230-RICR-30-20-1.10 - Duty to Maintain Verification of Experience

Current through June 14, 2024
A person may be asked to verify his or her experience while
					 licensed or certified. All persons licensed or certified must maintain file
					 data containing adequate written reports or file memoranda to support his or
					 her experience claim. Persons should not submit such data unless requested to
					 do so. Each person shall furnish, under oath, a detailed listing of the real
					 estate appraisal reports or file memoranda for each year for which experience
					 is claimed by the person on forms or in a manner required by the Board and/or
					 the Department.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 20 - Real Estate › Part 1 - Real Estate Appraisers (formerly Commercial Licensing Regulation 10) (230-RICR-30-20-1) › Section 230-RICR-30-20-1.11 - Continuing Education

Current through June 14, 2024
A. Continuing
				  Education Requirements. As a prerequisite to renewal by the Department, an
				  applicant must present evidence satisfactory to the Department that:
1. During the immediately preceding term of
				  licensure and/or certification, the applicant shall have completed the
				  requisite classroom hours of instruction in courses or seminars in accordance
				  with AQB Real Property Qualification Criteria from a nationally recognized
				  appraisal organization, college, university or other school approved by the
				  Appraisal Qualifications Board of the Appraisal Foundation or such other school
				  as approved by the Board and the Department. Qualifying education courses taken
				  by a licensee to fulfill the class hour requirement for a different
				  classification than his/her current classification may be simultaneously
				  counted towards the continuing education requirement of his/her current
				  classification.
2. In lieu of
				  meeting the requirements of §
											1.11(A)(1)   of this Part, an applicant for
				  renewal may satisfy all or part of the renewal requirements by presenting
				  evidence of the following:
a. One half of the
				  total number of credits earned for participation as a teacher/consultant in
				  educational processes and programs approved by the Board and the Department
				  that relates to appraisal theory, practices, or techniques, including but not
				  necessarily limited to, teaching, program development and preparation of
				  textbooks, monographs, articles, and other instructional material;
				  and/or
b. Attendance at a Real
				  Estate Appraisers Board meeting, provided that:
(1) Credit may be awarded for only one Real
				  Estate Appraisers Board meeting per continuing education cycle or licensing
				  period;
(2) The meeting must be at
				  least two hours in length;
(3) The
				  applicant shall receive one credit for each hour attended but cannot receive
				  more than seven credit hours in total for the meeting; and
(4) The meeting must be open to the public.
				  Credit will not be given for attendance at such a meeting if the licensee's
				  appearance was requested by the Board due to a pending complaint against that
				  licensee.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 20 - Real Estate › Part 1 - Real Estate Appraisers (formerly Commercial Licensing Regulation 10) (230-RICR-30-20-1) › Section 230-RICR-30-20-1.12 - Reciprocity

Current through June 14, 2024
A. General Requirements. The Department may,
				  upon application, issue a license or certificate to an applicant who has
				  otherwise met the requirements for licensure and/or certification in the State
				  of Rhode Island without examination, provided the following terms and
				  conditions are met:
1. The applicant holds a
				  valid credential from a state which is in compliance with
				  12 U.S.C.
				  3351.
2. The credentialing requirements of that
				  state as they exist at the time of application for reciprocal license must meet
				  or exceed those which currently exist in the State of Rhode Island.
3. The applicant has complied with the
				  provisions of R.I. Gen. Laws §
											5-20.7-16.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 20 - Real Estate › Part 1 - Real Estate Appraisers (formerly Commercial Licensing Regulation 10) (230-RICR-30-20-1) › Section 230-RICR-30-20-1.13 - Temporary Practice Permits

Current through June 14, 2024
A. Upon
				  satisfaction of the reciprocity criteria set forth in §
										1.12   of this Part,
				  the Department, upon application, may issue a temporary license or certificate
				  for a period not to exceed one hundred eighty (180) days under the following
				  conditions:
1. The property to be appraised
				  is part of a federally-related or other transaction;
2. The applicant must be a certified or
				  licensed appraiser;
3. The
				  application is received before the appraisal assignment is commenced;
				  and
4. The application identifies
				  the specific assignment(s) or appraisal(s) at issue.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 20 - Real Estate › Part 1 - Real Estate Appraisers (formerly Commercial Licensing Regulation 10) (230-RICR-30-20-1) › Section 230-RICR-30-20-1.14 - Uniform Standards of Professional Appraisal Practice

Current through June 14, 2024
All appraisers licensed or certified pursuant to R.I. Gen.
					 Laws §
										5-20.7-1, et seq., and these
					 regulations shall comply at all times with USPAP.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 20 - Real Estate › Part 1 - Real Estate Appraisers (formerly Commercial Licensing Regulation 10) (230-RICR-30-20-1) › Section 230-RICR-30-20-1.15 - Inspection of Records

Current through June 14, 2024
In order to reasonably effectuate the provisions of R.I.
					 Gen. Laws §
										5-20.7-18 and this regulation,
					 every licensed or certified person shall make available for inspection by the
					 Director, or a designated representative, all records of transactions, books of
					 account, instruments, documents, and forms utilized or maintained by such
					 person in the conduct of the performance of appraisal assignments, that may be
					 pertinent to the conduct of an investigation of any specific complaint. All
					 records pertaining to appraisals shall be made available upon demand. All other
					 records shall be made available upon reasonable notice.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 20 - Real Estate › Part 1 - Real Estate Appraisers (formerly Commercial Licensing Regulation 10) (230-RICR-30-20-1) › Section 230-RICR-30-20-1.16 - Reporting Convictions and Disciplinary Actions

Current through June 14, 2024
Any licensee who is convicted of any felony or misdemeanor,
					 or who is disciplined by any governmental agency in connection with any other
					 occupational license, shall file with the Department a written report of such
					 conviction or disciplinary action within sixty (60) days of the final judgment
					 or final order in the case. Failure to do so shall be considered grounds for
					 revocation of appraiser credentials.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 20 - Real Estate › Part 1 - Real Estate Appraisers (formerly Commercial Licensing Regulation 10) (230-RICR-30-20-1) › Section 230-RICR-30-20-1.17 - Administrative Hearings

Current through June 14, 2024
A. Powers and
				  Proceedings. Except as otherwise specifically provided herein in §
										1.17   of
				  this Part, enforcement proceedings under this regulation shall be conducted in
				  accordance with R.I. Gen. Laws §
										5-20.7-22 and the Department's
				  Rules of Procedure for Administrative Hearings, Part 10-00-2 of this Title.
B. Complaints. A written complaint
				  alleging an appraiser has violated any provisions of R.I. Gen. Laws §
										5-20.7-1, et seq., USPAP, or these
				  regulations shall be filed with the Department. Any person, including members
				  of the Board, may file a complaint with the Department. The Board or the
				  Department may, upon its own motion, file a complaint against a licensed
				  appraiser or a person or entity conducting unlicensed appraisal
				  activity.
C. Investigation of
				  Complaints.
1. Upon receipt of a complaint or
				  upon its own motion, the Board shall review and investigate alleged acts or
				  omissions, which the Board reasonably believes may constitute cause for
				  disciplinary action. In order to determine if probable cause exists to conduct
				  a hearing on a complaint, the investigator(s) designated by the Chairperson of
				  the Board shall cause an investigation to be made into the allegations of the
				  complaint.
2. Upon completion of
				  the investigation, the investigators shall prepare and submit to the Board and
				  the Department for its consideration a written report containing statements of
				  fact and recommendations of the investigator(s). Thereafter, the Board may take
				  one of the following actions by a vote:
a.
				  Order the matter is further investigated.
b. Allow the appraiser who is the subject of
				  the complaint an opportunity to appear before the Board for an informal
				  discussion regarding the facts and circumstances of the alleged violation. The
				  informal discussion shall constitute a part of the Board's investigation of the
				  pending disciplinary case. The Board may consider the facts discussed at the
				  informal discussion in the event the matter proceeds to a contested case
				  hearing. The Board may seek a consent order as a result of the informal
				  discussion.
c. Determine that the
				  investigation does not warrant a finding that there is a basis for disciplinary
				  action and that no probable cause exists to believe violation has occurred, and
				  close the case and take no further action.
d. Determine there is probable cause to
				  believe that a violation has occurred and recommend to the Director of the
				  Department that the Department proceed with a contested case hearing or other
				  administrative enforcement action.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 20 - Real Estate › Part 1 - Real Estate Appraisers (formerly Commercial Licensing Regulation 10) (230-RICR-30-20-1) › Section 230-RICR-30-20-1.18 - Effect of Subsequent Statutory or AQB Changes

Current through June 14, 2024
Any changes in the Rhode Island General Laws pertaining to
					 real estate appraiser certification or licensure or RPAQC, that affect the
					 content, language or intent of this regulation will be deemed adopted by the
					 Department on the date of implementation of the statutory or AQB
					 change.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 20 - Real Estate › Part 1 - Real Estate Appraisers (formerly Commercial Licensing Regulation 10) (230-RICR-30-20-1) › Section 230-RICR-30-20-1.19 - Severability

Current through June 14, 2024
If any section, term, or provision of this regulation is
					 adjudged invalid for any reason, that judgment will not affect, impair, or
					 invalidate any remaining section, term, or provision, which shall remain in
					 full force and effect.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 20 - Real Estate › Part 2 - Real Estate Brokers and Salespersons › Section 230-RICR-30-20-2.1 - Authority and Purpose

Current through June 14, 2024
A. Authority: This
				  Regulation is promulgated pursuant to R.I. Gen. Laws §§
										5-20.56,
				  5-20.5-12,
				  5-20.5-19,
				  5-20.5-20,
				  5-20.5-26(a)(1)(v),
				  and 5-20.6-12.
B. Purpose: The purpose of this Regulation is
				  to promote the general welfare of the citizens of Rhode Island by the
				  implementation of R.I. Gen. Laws Chapters 520.5 and 5-20.6, so that the
				  provisions thereunder may be best effectuated, and the public interest be most
				  effectively served.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 20 - Real Estate › Part 2 - Real Estate Brokers and Salespersons › Section 230-RICR-30-20-2.3 - Licensee's Name and Address

Current through June 14, 2024
Upon initial licensure and at all times thereafter, every
					 licensee shall ensure that the Department has on record the licensee's current
					 personal name, firm affiliation, trade name, residence address and firm
					 address. Every licensee shall notify the Department in writing of each change
					 of personal name, firm affiliation, trade name, residence address and firm
					 address within ten (10) days of the change. All addresses shall be sufficiently
					 descriptive to enable the Department to correspond with and locate the
					 licensee.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 20 - Real Estate › Part 2 - Real Estate Brokers and Salespersons › Section 230-RICR-30-20-2.4 - Principal Brokers and Brokerages

Current through June 14, 2024
A. The principal
				  broker shall act in a supervisory capacity for every real estate transaction in
				  which an affiliated licensee participates.
B. The principal broker shall be responsible
				  for the compliance of his or her affiliated licensees with the Rhode Island
				  General Laws pertaining to real estate licensure and this Regulation.
C. The principal broker shall be responsible
				  for the compliance of his or her non-licensed employees with the Rhode Island
				  General Laws pertaining to real estate licensure and this Regulation.
D. The principal broker shall maintain an
				  escrow account for the funds of others and shall make certain that no funds of
				  others are disbursed or utilized without his or her express authorization and
				  knowledge.
E. The principal broker
				  shall assume responsibility for:
1. The
				  adequate supervision of each affiliated licensee and each office of the
				  brokerage at which real estate activities requiring licensure are
				  conducted;
2. The filing of any
				  change of business address or trade name of the brokerage and the registration
				  of any assumed business name adopted by the brokerage for its use with the
				  Department;
3. The notification in
				  writing of any change of his or her status as principal broker to the
				  Department within ten (10) days following the change;
4. The proper display of all
				  licenses;
5. The verification that
				  each licensee affiliated with the brokerage has a license in good standing with
				  the Department at the beginning of each renewal term;
6. The proper retention and maintenance of
				  records relating to transactions conducted by or on behalf of the brokerage at
				  such office;
7. The preservation
				  and safekeeping of the transaction and escrow account records upon termination
				  of his or her status as principal broker until a new principal broker has been
				  designated; and
8. All real estate
				  activities of teams under his or her supervision including but not limited to
				  maintaining the brokerage escrow account, approving team management agreements,
				  approving team names and logos, monitoring of team advertising, keeping current
				  lists of team members and all other functions relating to adequate supervision
				  of team licensees.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 20 - Real Estate › Part 2 - Real Estate Brokers and Salespersons › Section 230-RICR-30-20-2.5 - Salespersons

Current through June 14, 2024
A licensed real estate salesperson must be affiliated with
					 a licensed principal broker in order to engage in any real estate activity
					 requiring licensure. A licensed salesperson shall not operate, supervise, or
					 manage a real estate brokerage.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 20 - Real Estate › Part 2 - Real Estate Brokers and Salespersons › Section 230-RICR-30-20-2.6 - Examinations

Current through June 14, 2024
A. Examinations may be written or oral.
				  Requests for an oral examination or time extension may be made to and granted
				  at the discretion of the Department.
B. There shall be a one (1) year time limit
				  for reexamination with regard to failure of any section of the Broker or
				  Salesperson examination. If an applicant fails to pass any particular section,
				  he or she may retake that section within the one (1) year time limit. If the
				  one (1) year time limit for reexamination expires, he or she must retake the
				  entire examination.
C. If a license
				  has expired for more than one (1) year, the former licensee must complete a new
				  application and retake the examination in accordance with R.I. Gen. Laws §
										5-20.5-11(b).
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 20 - Real Estate › Part 2 - Real Estate Brokers and Salespersons › Section 230-RICR-30-20-2.7 - Pre-Licensing Education Requirements

Current through June 14, 2024
A. Applicants for a
				  real estate salesperson's license, including former licensees whose
				  salesperson's license has expired for more than one (1) year, must submit
				  satisfactory evidence of completion of a minimum of forty-five (45) classroom
				  hours pursuant to R.I. Gen. Laws §
										5-20.5-4(b).
				  Classroom hours completed more than two (2) years from the date of the
				  application will not be considered in meeting the forty-five (45) hour
				  requirement.
B. Applicants for a
				  real estate broker's license, including former licensees whose broker's license
				  has expired for more than four (4) years, must submit satisfactory evidence of
				  completion of a minimum of ninety (90) classroom hours, unless exempted
				  pursuant to R.I. Gen. Laws §
										5-20.5-4(b).
C. At no time shall the forty-five (45)
				  classroom hours used to qualify for a salesperson's license be used to qualify
				  for the ninety (90) hours required for a broker's license. In addition,
				  classroom hours completed more than four (4) years from the date the
				  application will not be considered in meeting the ninety (90) hour
				  requirement.
D. All pre-licensing
				  courses must be taken in a classroom as defined in §
										2.2(A)(3)   of this
				  Part, and must comply with the following requirements:
1. In-person classroom - The real estate
				  school shall:
a. Verify each student's
				  identity prior to the beginning of each course and take attendance at each
				  session;
b. Implement policies to
				  monitor student attendance and participation for the duration of each
				  instructional session; and c. Keep an attendance record for each course and for
				  each instructional session of that course. All such attendance records must be
				  maintained for three (3) years.
c.
				  Keep an attendance record for each course and for each instructional session of
				  that course. All such attendance records must be maintained for three (3)
				  years.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 20 - Real Estate › Part 2 - Real Estate Brokers and Salespersons › Section 230-RICR-30-20-2.8 - Fees

Current through June 14, 2024
A. Before the Department issues an original
				  license, the applicant shall pay a fee of twenty-five dollars ($25.00) that
				  shall be deposited into the Real Estate Recovery Fund Account.
B. Any fees prescribed by statute shall be
				  paid by check or money order made payable to the Rhode Island General
				  Treasurer.
C. If a check is not
				  honored for payment by the endorser's financial institution, subsequent
				  attempts to make payment must be in the form of a money order or cashier's
				  check. Returned checks may subject licensees to disciplinary action pursuant to
				  R.I. Gen. Laws §
										5-20.5-14.