reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 1 - General Rules and Regulations for Applications, Registration, Licensing, Claims, Violations, and Administrative Hearings › Section 440-RICR-10-00-1.7 - Applications for Registration/Licensure

Current through June 14, 2024
Unless otherwise indicated in R.I. Gen. Laws
					 Chapters 5-65, 5-65.1, 5-65.2, 5-65.3, 5-73, and/or Parts 2, 3, 4, 5,
					 and 6 of this Subchapter, the following provisions shall apply to all
					 persons subject to this Subchapter.
1.7.1
General
				 Application
A. All persons
				 applying for registration/license by the Board shall submit an
				 application in a manner as prescribed by the Board, meet all
				 pre-registration/licensing requirements, and submit the applicable
				 fee, prior to obtaining registration/licensure.
B. The Board may reject an
				 incomplete application and return the application with an explanation
				 of the deficiencies.
C.
				 All applicants for a registration/license, whether for initial or
				 renewal, shall acknowledge the following "statement" by affixing
				 their signature to the application prior to the application being
				 considered by the Board.
1. "I
				 acknowledge, understand, and agree that if a complaint is filed
				 against me, I will attend and participate, in good faith, with any
				 attempts to resolve the complaint by the Board, including, but not
				 limited to informal resolutions, formal resolutions, and the
				 administrative hearing process. My failure to do so may result in the
				 imposition of fines against me and/or the suspension or revocation of
				 my registration/licensure.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 1 - General Rules and Regulations for Applications, Registration, Licensing, Claims, Violations, and Administrative Hearings › Section 440-RICR-10-00-1.8 - Education Requirement - Pre-Registration/License and Continuing Education

Current through June 14, 2024
1.8.1
Scope
The Board adopts the following education
					 standards and requirements for persons registered/licensed with the
					 Board. The Board may have third-party vendors or providers assist in
					 the management of educational programs.
1.8.2
Specifications
A. If applicable, as a condition of
				 applying for, or renewing a registration/license issued by the Board,
				 the educational requirements specified for that discipline must be
				 met.
B. If the
				 registrant/licensee holds another registration/license issued by the
				 Board, educational credits may be used to satisfy the education
				 requirements for all registrations/licenses held by the same person.
				 The registrant/licensee will be required to provide proof of
				 completion of the education credits from Board-approved
				 courses.
C. Documentation
				 of all credit hours must be submitted to the Board at the time of
				 application for, or renewal of, a registration/license.
D. One (1) credit hour of education
				 is equal to fifty (50) minutes of instruction by a Board-approved
				 provider.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 1 - General Rules and Regulations for Applications, Registration, Licensing, Claims, Violations, and Administrative Hearings › Section 440-RICR-10-00-1.10 - Notice of Accepted Complaints and Initial Board Investigation

Current through June 14, 2024
A. The Board shall give notice to
				 all Parties of the acceptance of a complaint. The notice shall
				 include:
1. A reference to the
				 particular sections of the statutes and rules involved;
				 and,
2. A short and plain
				 statement of the matters asserted.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 1 - General Rules and Regulations for Applications, Registration, Licensing, Claims, Violations, and Administrative Hearings › Section 440-RICR-10-00-1.11 - Pre-hearing Conferences/Alternative Dispute Resolution

Current through June 14, 2024
1.11.1.
Pre-Hearing
				 Conferences
A. It is the
				 policy of the Board to encourage the use of prehearing conferences to
				 make more effective use of hearing time.
B. The Director or the Hearing
				 Officer may, with reasonable written notice, require that all Parties
				 attend a prehearing conference and/or attempt alternative dispute
				 resolution to resolve the matter and/or consider the following:
1. The simplification, narrowing,
				 and clarification of the issues;
2. The possibility of obtaining
				 written stipulations, admissions, agreements with respect to the
				 introduction of documents or similar agreements which will avoid
				 unnecessary proof;
3. The
				 identification of witnesses and the limitation of the number of
				 witnesses;
4. The
				 possibility of agreement disposing of all or any of the issues in
				 dispute;
5. The
				 consideration of outstanding motions;
6. The status of settlement
				 negotiations, if any;
7.
				 The use of pre-filed testimony, where appropriate;
8. Any matters of discovery,
				 including limitation of data requests, document requests, or other
				 discovery or resolving disputes as to the scope of
				 discovery;
9. Scheduling
				 of hearings; and
10. Any
				 such other matters as may aid in the final disposition of the
				 proceeding.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 1 - General Rules and Regulations for Applications, Registration, Licensing, Claims, Violations, and Administrative Hearings › Section 440-RICR-10-00-1.12 - Violations

Current through June 14, 2024
1.12.1
Authority
A. In
				 accordance with R.I. Gen. Laws Chapters 5-65, 5-65.1, 5-65.2, 5-65.3,
				 5-73, and this Subchapter, investigative members of the Board may
				 issue violations to registrants/licensees, or those required to be
				 registered/licensed with the Board, for violations of statute, or any
				 Part of this Subchapter.
B. The Board may also immediately
				 suspend or revoke any registration or license for just cause when the
				 registrant/licensee is acting to the detriment of the health, welfare
				 and safety of the general public. Under this provision revocation and
				 suspension may be extended beyond the initial thirty (30) days after
				 the opportunity for an administrative hearing has occurred.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 1 - General Rules and Regulations for Applications, Registration, Licensing, Claims, Violations, and Administrative Hearings › Section 440-RICR-10-00-1.13 - Appeals

Current through June 14, 2024
1.13.1
Appeal of Notice of Violation to Hearing Officer
A. The issuance of a Notice of
				 Violation may be appealed to the Hearing Officer by requesting a
				 hearing in writing to the Board within twenty (20) days of the date
				 of mailing or issuance of the Notice of Violation.
1. If timely filed, the Hearing
				 Officer shall hold an administrative hearing in accordance with
				 §
												1.15     of this Part.
2. Upon conclusion of the hearing,
				 the Hearing Officer shall issue a Final Order.
3. In accordance with R.I. Gen. Law
				 §5-65-6,
				 a Final Order shall be considered delivered when deposited in the
				 United States mail and/or sent registered or certified or post office
				 receipt secured to the last known address of record.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 1 - General Rules and Regulations for Applications, Registration, Licensing, Claims, Violations, and Administrative Hearings › Section 440-RICR-10-00-1.14 - Criminal Prosecution

Current through June 14, 2024
Once all appeal rights have been extinguished, if
					 a Respondent fails to comply with a Final Order, or a decision of the
					 Full Board, the Board may refer the case to the Office of the
					 Attorney General for criminal prosecution.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 1 - General Rules and Regulations for Applications, Registration, Licensing, Claims, Violations, and Administrative Hearings › Section 440-RICR-10-00-1.15 - Administrative Hearings

Current through June 14, 2024
Administrative hearings shall comply with the
					 requirements of R.I. Gen. Laws Chapter 42-35, the enabling acts of
					 the Board, and this Subchapter.
1.15.1
Notice of
				 Hearing:
A. A notice of
				 administrative hearing shall comply with R.I. Gen. Laws §
											42-35-9(b).
B. Unless otherwise agreed to by
				 the Board and the parties, the Board shall schedule administrative
				 hearings before a hearing officer no sooner than twenty (20) calendar
				 days from the date the parties are notified of the hearing.
C. In accordance with R.I. Gen. Law
				 §5-65-6,
				 a notice of hearing shall be considered delivered when deposited in
				 the United States mail and/or sent registered or certified or post
				 office receipt secured to the last known address of record.
D. For administrative hearings
				 related to the notice of violation, the Hearing Officer is the
				 appropriate forum. For an appeal related to a Final Order of the
				 Hearing Officer, the appropriate forum is the Full Board.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 1 - General Rules and Regulations for Applications, Registration, Licensing, Claims, Violations, and Administrative Hearings › Section 440-RICR-10-00-1.16 - Expungements

Current through June 14, 2024
A. The
				 Board may consider the expungement of claims or violations upon
				 written request of a registrant/licensee. The petition will not be
				 considered unless submitted on the prescribed form along with the
				 appropriate the fee pursuant to R.I. Gen. Laws. §
										5-65-10(g).
B. The Board may consider evidence,
				 testimony and support, and objections from any interested Party,
				 including, but not limited to:
1.
				 Volume and/or frequency of claims or violations;
2. Severity of offenses;
3. Code violations cited;
4. Present record;
5. Time since last incident;
				 and
6. Other court
				 cases.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 1 - General Rules and Regulations for Applications, Registration, Licensing, Claims, Violations, and Administrative Hearings › Section 440-RICR-10-00-1.17 - Default

Current through June 14, 2024
If any Party to a proceeding fails to answer a
					 complaint, plead, appear at a prehearing conference or hearing or
					 otherwise fails to prosecute or defend an action as provided by these
					 Rules, the Hearing Officer or Board may enter a default judgment
					 against the defaulting Party or take such action based on the
					 pleadings and/or other evidence submitted by the non-defaulting Party
					 as the forum deems appropriate. Challenge to such an order shall be
					 made as a motion for reconsideration per § 1.15.6 of this
					 Part.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 1 - General Rules and Regulations for Applications, Registration, Licensing, Claims, Violations, and Administrative Hearings › Section 440-RICR-10-00-1.18 - Disqualification; Incapacity of Hearing Officer

Current through June 14, 2024
A. Disqualification. Any Party may
				 make a motion to the Director requesting that he/she disqualify or
				 remove the Hearing Officer from the proceeding. The motion shall be
				 accompanied by an affidavit setting forth the reasons for the
				 disqualification. In the event that the motion to disqualify is
				 granted, the Director shall assign another Hearing Officer to the
				 matter.
B. Incapacity.
				 When the Hearing Officer becomes incapacitated or unavailable to
				 complete a hearing and/or render a decision, the hearing shall be
				 conducted, and/or the decision shall be rendered by a substitute
				 Hearing Officer appointed by the Director. If any party objects to
				 the substitution, that party must prove prejudice by presentation of
				 argument and evidence to the substitute Hearing Officer. If the
				 substitute Hearing Officer finds that the objecting party will be
				 prejudiced, the substitute Hearing Officer will issue an order making
				 such findings and will hear the matter de novo.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 1 - General Rules and Regulations for Applications, Registration, Licensing, Claims, Violations, and Administrative Hearings › Section 440-RICR-10-00-1.19 - Miscellaneous Provisions

Current through June 14, 2024
A. Intervention. Any Person
				 claiming a right to intervene or an interest of such a nature that
				 intervention is necessary or appropriate to the administration of the
				 statute under which the proceeding is brought may seek to intervene
				 in any proceeding. Intervention may be initiated by filing a motion
				 to intervene with the forum. The motion shall set out clearly and
				 concisely the facts from which the nature of the movant's alleged
				 right of interest can be determined, the grounds for the proposed
				 intervention and the position of the movant in the
				 proceeding.
B. Ex Parte
				 Consultations. No Person who is a Party to or a participant in any
				 proceeding before the Board or the Party's counsel, employee, agent
				 or any other individual acting on the Party's behalf, shall
				 communicate ex parte with the Board about any matter related to the
				 proceeding, and the Board shall not request or entertain any such ex
				 parte communications. The prohibitions contained above do not apply
				 to those communications which relate solely to general matters of
				 procedure and scheduling.
C. Consolidation. The Hearing
				 Officer may, in his/her discretion, consolidate or combine several
				 matters for purposes of hearing or other proceedings, when he/she
				 finds that sufficient common issues of fact or law or both are
				 involved.
D. Plural.
				 Words in the singular number include the plural, and vice-versa,
				 except where the context otherwise requires or where a contrary
				 result appears from necessary implication.
E. Appointment of Board Counsel. At
				 any time during a complaint hearing, the forum may request that the
				 Director appoint Board Counsel to prosecute the case on behalf of the
				 complainant.
F. Statutes.
				 If any statute has different requirements than those contained within
				 this Regulation, the statute shall be controlling.
G. Public Documents. The Board
				 reserves the right to publish in any form any public
				 document.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 1 - General Rules and Regulations for Applications, Registration, Licensing, Claims, Violations, and Administrative Hearings › Section 440-RICR-10-00-1.20 - Hearings - 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 are conducted pursuant to the
				 Administrative Procedures Act, R.I. Gen. Laws §
										42-35-1
et seq
. Except where the Director, his or her
				 designee or the Hearing Officer directs otherwise, upon the opening
				 of the prehearing conference all pleadings, orders, communications,
				 exhibits and other documents filed with the forum 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 Chapter 38-2.
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, may apply to the Board for release of the information,
				 pursuant to R.I. Gen. Laws Chapter 38-2, the Access to Public Records
				 Act.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 1 - General Rules and Regulations for Applications, Registration, Licensing, Claims, Violations, and Administrative Hearings › Section 440-RICR-10-00-1.21 - Publication of Orders and Notices

Current through June 14, 2024
The publication of all orders issued by the board
					 and notices of hearing shall comply with the requirements of R.I.
					 Gen. Laws §
										5-65-25.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 1 - General Rules and Regulations for Applications, Registration, Licensing, Claims, Violations, and Administrative Hearings › Section 440-RICR-10-00-1.22 - Equal Access to Justice for Small Business

Current through June 14, 2024
A. Pursuant to R.I. Gen. Laws
				 §
										42-92-1 et
				 seq., the Hearing Officer shall award reasonable litigation expenses
				 incurred by the prevailing party in connection with Board hearings,
				 if the Hearing Officer finds that all of the following conditions are
				 met:
1. That there was no
				 reasonable basis in fact or law for the Board's position;
				 and
2. The adjudicatory
				 proceedings involved loss of benefits, the imposition of a fine, the
				 suspension or revocation of a registration, license, or permit, or
				 which may result in the compulsion or restriction of activities;
				 and
3. The prevailing
				 party must be either:
a. An
				 individual whose net worth is less than five hundred thousand dollars
				 ($500,000) at the time the adjudication is initiated; or
b. An individual, partnership,
				 corporation, association. or private organization doing business and
				 located in the state, which is independently owned and operated, not
				 dominant in its field, and which employs no more than one hundred
				 (100) persons at the time the adjudication is initiated;
				 and
4. The
				 prevailing party must request reimbursement not later than thirty
				 (30) days following the issuance of the written order.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 1 - General Rules and Regulations for Applications, Registration, Licensing, Claims, Violations, and Administrative Hearings › Section 440-RICR-10-00-1.23 - Severability

Current through June 14, 2024
If any section, term, or provision of this
					 Regulation should be declared invalid for any reason, the remaining
					 sections, terms, and/or provisions shall remain in full force and
					 effect.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 2 - Rules and Regulations for Contractors › Section 440-RICR-10-00-2.1 - Authority

Current through June 14, 2024
These rules and regulations are promulgated by
					 the Contractors' Registration and Licensing Board ("Board") in
					 accordance with R.I. Gen. Laws §
										5-65-17.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 2 - Rules and Regulations for Contractors › Section 440-RICR-10-00-2.2 - Purpose

Current through June 14, 2024
The purpose of this Part is to administer and
					 enforce the Contractors' Registration Law, R.I. Gen. Laws Chapter
					 5-65. The Contractors' Registration Law requires every contractor,
					 remodeler and most subcontractors who are in the business of building
					 or repairing residential or commercial structures and their
					 appurtenances in the State of Rhode Island to register with the
					 Contractors' Registration and Licensing Board, so that claims filed
					 against them can be heard and settled. Any person who fails to
					 register as a contractor, as stipulated, is subject to penalties for
					 operating without a registration.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 2 - Rules and Regulations for Contractors › Section 440-RICR-10-00-2.4 - Definitions

Current through June 14, 2024
In addition to the terms defined in R.I. Gen Laws
					 §
										5-65-1 and §
										1.4     of Part 1 of this Subchapter, the following terms
					 shall have the following meanings.
A. "Appurtenance" means any
				 accessory improvement to real estate associated with a primary
				 structure. An appurtenance includes, but is not limited to, any of
				 the following, located on land owned by the owner of the structure to
				 enhance the residential or commercial use of the structure:
1. Garage or carport;
2. Porch, patio, decks and deck
				 steps, docks, sheds, tents and other fabric structures (temporary or
				 permanent), gazebos, walkways, or fencing;
3. Driveways, roads or
				 bridges;
4. A retaining
				 wall when necessary to protect a structure or its appurtenances or to
				 comply with building code slope requirements or when done in
				 conjunction with landscaping work;
5. Swimming pools;
6. Sidewalks;
7. Stone/masonry walls;
8. Towers; and
9. Roadways and parking
				 areas.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 2 - Rules and Regulations for Contractors › Section 440-RICR-10-00-2.5 - General Administration and Procedures

Current through June 14, 2024
A. Administrative procedures for
				 the registration of contractors shall comply with R.I. Gen. Laws
				 Chapter 5-65 and the following sections of Part 1 of this Subchapter:
1. Delivery of Notices: §
											1.5(A)     of this Subchapter.
2.
				 Change of Address §
											1.5(B)     of this Subchapter.
3.
				 Public Records and Information Requests: §
											1.5(C)     of this Subchapter.
4.
				 Certification of Registration/License §
											1.5(D)     of this Subchapter.
5.
				 Filing Fees and Record Changes §
											1.5(E)     of this Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 2 - Rules and Regulations for Contractors › Section 440-RICR-10-00-2.6 - General Registration and Licensing Requirements

Current through June 14, 2024
A. The registration of contractors
				 shall comply with R.I. Gen. Laws § 5-65 and the following
				 sections of Part 1 of this Subchapter:
1. Registration Required: §
				 1.6.1 of this Subchapter.
2. Transference of Registration
				 Prohibited: § 1.6.2 of this Subchapter.
3. Display of Registration Number:
				 § 1.6.3 of this Subchapter.
4. Business Entity Registrations:
				 § 1.6.4 of this Subchapter.
5. Nonresident Persons / Registered
				 Agent: § 1.6.5 of this Subchapter.
6. Change of Registration: §
				 1.6.6 of this Subchapter.
7. Effect on Registration Due to
				 Loss of Responsible Person: § 1.6.7 of this
				 Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 2 - Rules and Regulations for Contractors › Section 440-RICR-10-00-2.7 - Applications for Registration

Current through June 14, 2024
A.
				 Applications for the registration of contractors shall comply with
				 R.I. Gen. Laws § 5-65 and the following sections of Part 1 of
				 this Subchapter:
1. General
				 Application: § 1.7.1 of this Subchapter.
2. Examination: § 1.7.2 of
				 this Subchapter.
3.
				 Effective Date / Term: § 1.7.3 of this Subchapter.
4. Renewal and Reissuance of
				 Registration: § 1.7.4 of this Subchapter.
5. Lapsed Registration: §
				 1.7.5 of this Subchapter.
6. Military Service Registration:
				 § 1.7.6 of this Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 2 - Rules and Regulations for Contractors › Section 440-RICR-10-00-2.8 - Education Requirements - Pre-Registration and Continuing Education

Current through June 14, 2024
A.
				 Educational requirements for the registration of contractors shall
				 comply with R.I. Gen. Laws § 5-65 and the following sections of
				 Part 1 of this Subchapter:
1.
				 Scope: § 1.8.1 of this Subchapter.
2. Specifications: § 1.8.2 of
				 this Subchapter.
3.
				 Qualifying Education: § 1.8.3 of this Subchapter.
4. Course Materials and Fees:
				 § 1.8.4 of this Subchapter.
5. Proof of Educational Course
				 Completion / Compliance: § 1.8.5 of this Subchapter.
6. Educational Requirements: §
				 1.8.6 of this Subchapter.
7. Exception to Educational
				 Requirements: § 1.8.7 of this Subchapter.
8. Violations for Failing to
				 Complete Educational Requirements: § 1.8.8 of this
				 Subchapter.
9.
				 Educational Course Providers § 1.8.9 of this
				 Subchapter.
10.
				 Educational Courses § 1.8.10 of this Subchapter.
11. Violations for Operating as a
				 Non-Approved Provider: § 1.8.11 of this Subchapter.
12. Penalties for Provider
				 Noncompliance: § 1.8.12 of this Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 2 - Rules and Regulations for Contractors › Section 440-RICR-10-00-2.9 - Complaints

Current through June 14, 2024
A. The procedure for filing a
				 complaint against a contractor shall comply with R.I. Gen. Laws
				 § 5-65 and the following sections of Part 1 of this Subchapter:
1. Duty to Participate: §
				 1.9.1 of this Subchapter.
2. Complaints Generally: §
				 1.9.2 of this Subchapter.
3. Board Initiated Investigations:
				 § 1.9.3 of this Subchapter.
4. The Board's Right to Refuse
				 and/or Dismiss Complaints: § 1.9.4 of this Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 2 - Rules and Regulations for Contractors › Section 440-RICR-10-00-2.10 - Notice of Accepted Complaints and Initial Board Investigation

Current through June 14, 2024
The rules pertaining to the notice of accepted
					 complaints and initial board investigation shall comply with R.I.
					 Gen. Laws § 5-65 and §
										1.10     of this
					 subchapter:
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 2 - Rules and Regulations for Contractors › Section 440-RICR-10-00-2.11 - Prehearing Conferences and Alternative Dispute Resolution

Current through June 14, 2024
A. The rules pertaining to
				 Prehearing Conferences and Alternative Dispute Resolution shall
				 comply with R.I. Gen. Laws § 5-65 and the following sections of
				 Part 1 of this Subchapter:
1.
				 Pre-Hearing Conferences: § 1.11.1 of this Subchapter.
2. Alternative Dispute Resolution:
				 § 1.11.2 of this Subchapter.
3. Pre-Hearing/Alternative Dispute
				 Resolution Procedures: § 1.11.3 of this Subchapter.
4. Administrative Hearings Based on
				 Contested Cases: § 1.11.4 of this Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 2 - Rules and Regulations for Contractors › Section 440-RICR-10-00-2.12 - Violations

Current through June 14, 2024
A. The rules pertaining to
				 violations shall comply with R.I. Gen. Laws § 5-65 and the
				 following sections of Part 1 of this Subchapter:
1. Authority: § 1.12.1 of this
				 Subchapter.
2. Procedure
				 for Investigating and Processing Violations: § 1.12.2 of this
				 Subchapter.
3. Notices of
				 Violation / Proposed Order: § 1.12.3 of this
				 Subchapter.
4. Fines /
				 Penalties: § 1.12.4 of this Subchapter.
5. Court Judgments / Arbitration
				 Awards - Effect on Registration/License: § 1.12.5 of this
				 Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 2 - Rules and Regulations for Contractors › Section 440-RICR-10-00-2.13 - Appeals

Current through June 14, 2024
A. The rules pertaining to appeals
				 shall comply with R.I. Gen. Laws § 5-65 and the following
				 sections of Part 1 of this Subchapter:
1. Appeal of Notice of Violation to
				 Hearing Officer: § 1.13.1 of this Subchapter.
2. Appeal of Final Order by the
				 Hearing Officer to the Full Board: § 1.13.2 of this
				 Subchapter.
3. Appeal of
				 Final Order by the Full Board to the Superior Court: § 1.13.3 of
				 this Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 2 - Rules and Regulations for Contractors › Section 440-RICR-10-00-2.14 - Criminal Prosecution

Current through June 14, 2024
The rules pertaining to criminal prosecution
					 shall comply with R.I. Gen. Laws § 5-65 and §
										1.14     of this
					 Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 2 - Rules and Regulations for Contractors › Section 440-RICR-10-00-2.15 - Administrative Hearings

Current through June 14, 2024
A. The
				 rules pertaining to administrative hearings shall comply with R.I.
				 Gen. Laws Chapters 42-35 and 5-65 and the following sections of Part
				 1 of this Subchapter:
1. Notice of
				 Hearing: § 1.15.1 of this Subchapter.
2. Representation: § 1.15.2 of
				 this Subchapter.
3.
				 Filing of Pleadings and Other Documents: § 1.15.3 of this
				 Subchapter.
4. Service:
				 § 1.15.4 of this Subchapter.
5. Time: § 1.15.5 of this
				 Subchapter.
6. Motions:
				 § 1.15.6 of this Subchapter.
7. Discovery: § 1.15.7 of this
				 Subchapter.
8. Subpoenas:
				 § 1.15.8 of this Subchapter.
9. Evidence: § 1.15.9 of this
				 Subchapter.
10. Conduct
				 of Hearings: § 1.15.10 of this Subchapter.
11. Decisions: § 1.15.11 of
				 this Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 2 - Rules and Regulations for Contractors › Section 440-RICR-10-00-2.16 - Expungements

Current through June 14, 2024
The rules pertaining to expungements shall comply
					 with R.I. Gen. Laws Chapter 5-65 and §
										1.16     of this
					 Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 2 - Rules and Regulations for Contractors › Section 440-RICR-10-00-2.17 - Default

Current through June 14, 2024
The rules pertaining to default shall comply with
					 R.I. Gen. Laws Chapter 5-65 and §
										1.17     of this
					 Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 2 - Rules and Regulations for Contractors › Section 440-RICR-10-00-2.18 - Disqualification / Incapacity of Hearing Officer

Current through June 14, 2024
The rules pertaining to disqualification /
					 incapacity of Hearing Officer shall comply with §
										1.18     of this
					 Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 2 - Rules and Regulations for Contractors › Section 440-RICR-10-00-2.19 - Miscellaneous Provisions

Current through June 14, 2024
The rules pertaining to miscellaneous provisions
					 shall comply with §
										1.19     of this Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 2 - Rules and Regulations for Contractors › Section 440-RICR-10-00-2.20 - Hearings - Public Information

Current through June 14, 2024
The rules pertaining to the hearings - public
					 information shall comply with §
										1.20     of this
					 Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 2 - Rules and Regulations for Contractors › Section 440-RICR-10-00-2.21 - Publication of Orders and Notices

Current through June 14, 2024
The publication of all orders issued by the board
					 and notices of hearing shall comply with the requirements of R.I.
					 Gen. Laws §
										5-65-25.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 2 - Rules and Regulations for Contractors › Section 440-RICR-10-00-2.22 - Equal Access to Justice for Small Business

Current through June 14, 2024
The rules pertaining to the equal access to
					 justice for small business shall comply with §
										1.22     of this
					 Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 2 - Rules and Regulations for Contractors › Section 440-RICR-10-00-2.23 - Severability

Current through June 14, 2024
The rules pertaining to severability shall comply
					 with §
										1.23     of this Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 2 - Rules and Regulations for Contractors › Section 440-RICR-10-00-2.24 - Standards of Professional Practice

Current through June 14, 2024
A. Contractors must perform all
				 work in accordance with R.I. Gen. Laws Chapter 5-65, these Rules and
				 Regulations, any plans and specifications governing the project(s),
				 and additionally rely on generally accepted practices, industry
				 standards, and city/town/municipal regulations to determine if a
				 deficiency exists and what remedies shall be implemented to correct
				 any identified defects or problems.
B. The Rhode Island Contractors'
				 Registration and Licensing Board and/or its staff may inspect
				 contractors' work to ensure it complies with all applicable laws,
				 regulations, city/town/municipal regulations, plans, and
				 specifications governing the project, industry standards,
				 manufacturers' specifications. Contractor responsibility may not
				 extend to items which have been subject to owner neglect,
				 modifications, or abnormal use.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 3 - Rules and Regulations for Underground Utility Contractors › Section 440-RICR-10-00-3.1 - Authority

Current through June 14, 2024
These rules and regulations are promulgated
					 pursuant to R.I. Gen. Laws Chapter 5-65.3.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 3 - Rules and Regulations for Underground Utility Contractors › Section 440-RICR-10-00-3.2 - Purpose

Current through June 14, 2024
A. The purpose of this Part is to
				 administer and enforce the provisions of the Underground Utility
				 Contractors' Licensing Law, R.I. Gen. Laws Chapter 5-65.3 and to
				 promote public safety, health, and welfare by providing a mechanism
				 to ensure that all underground utility contractors conducting
				 business in the State of Rhode Island have the requisite skills,
				 training, and experience necessary to safely and adequately conduct
				 underground utility activities within this state. Any person who
				 fails to acquire an underground utility contractor license as
				 stipulated is subject to penalties for operating without a
				 license.
B. If a person
				 intends to conduct work outside of the scope of an underground
				 utility contractor and within the scope of another trade, license, or
				 registration, the person must first obtain the proper license or
				 registration. Failure to obtain the proper license or registration
				 and conducting that scope of work under an underground utility
				 contractor license may result in fines.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 3 - Rules and Regulations for Underground Utility Contractors › Section 440-RICR-10-00-3.4 - Definitions

Current through June 14, 2024
A. In addition to the terms defined
				 in R.I. Gen Laws §
										5-65.3-2 and §
										1.4     of Part 1 of this Subchapter, the following terms
				 shall have the following meanings:
1. "Appurtenance" means any
				 accessory improvement to real estate associated with a primary
				 structure. An appurtenance includes, but is not limited to, any of
				 the following, located on land owned by the owner of the structure to
				 enhance the residential or commercial use of the structure:
a. Garage or carport;
b. Porch, patio, decks and deck
				 steps, docks, sheds, tents and other fabric structures (temporary or
				 permanent), gazebos, walkways, or fencing;
c. Driveways, roads or
				 bridges;
d. A retaining
				 wall when necessary to protect a structure or its appurtenances or to
				 comply with building code slope requirements or when done in
				 conjunction with landscaping work;
e. Swimming pools;
f. Sidewalks;
g. Stone/masonry walls;
h. Towers; and
i. Roadways and parking
				 areas.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 3 - Rules and Regulations for Underground Utility Contractors › Section 440-RICR-10-00-3.5 - General Administration and Procedures

Current through June 14, 2024
A. Administrative procedures for
				 the licensing of underground utility contractors shall comply with
				 R.I. Gen. Laws Chapters 5-65, 5-65.3, and the following sections of
				 Part 1 of this Subchapter:
1.
				 Delivery of Notices: §
											1.5(A)     of this Subchapter.
2.
				 Change of Address §
											1.5(B)     of this Subchapter.
3.
				 Public Records and Information Requests: §
											1.5(C)     of this Subchapter.
4.
				 Certification of Registration/License §
											1.5(D)     of this Subchapter.
5.
				 Filing Fees and Record Changes §
											1.5(E)     of this Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 3 - Rules and Regulations for Underground Utility Contractors › Section 440-RICR-10-00-3.6 - General Licensing Requirements

Current through June 14, 2024
A.
				 The licensing of underground utility contractors shall comply with
				 R.I. Gen. Laws Chapters § 5-65, 5-65.3, and the following
				 sections of Part 1 of this Subchapter:
1. License Required: § 1.6.1
				 of this Subchapter.
2.
				 Transference of License Prohibited: § 1.6.2 of this
				 Subchapter.
3. Display of
				 License Number: § 1.6.3 of this Subchapter.
4. Business Entity Licenses: §
				 1.6.4 of this Subchapter.
5. Nonresident Persons / Registered
				 Agent: § 1.6.5 of this Subchapter.
6. Change of License: § 1.6.6
				 of this Subchapter.
7.
				 Effect on License Due to Loss of Responsible Person: § 1.6.7 of
				 this Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 3 - Rules and Regulations for Underground Utility Contractors › Section 440-RICR-10-00-3.7 - Applications for Licensure

Current through June 14, 2024
A.
				 Applications for the licensing of underground utility contractors
				 shall comply with R.I. Gen. Laws Chapters 5-65, 5-65.3, and the
				 following sections of Part 1 of this Subchapter:
1. General Application: §
				 1.7.1 of this Subchapter.
2. Examination: § 1.7.2 of
				 this Subchapter.
3.
				 Effective Date / Term: § 1.7.3 of this Subchapter.
4. Renewal and Reissuance of
				 License: § 1.7.4 of this Subchapter.
5. Lapsed License: § 1.7.5 of
				 this Subchapter.
6.
				 Military Service License: § 1.7.6 of this Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 3 - Rules and Regulations for Underground Utility Contractors › Section 440-RICR-10-00-3.8 - Educational Requirements- Pre-Registration and Continuing Education (Reserved)

Current through June 14, 2024
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 3 - Rules and Regulations for Underground Utility Contractors › Section 440-RICR-10-00-3.9 - Complaints

Current through June 14, 2024
A. The procedure for filing a
				 complaint against an underground utility contractor shall comply with
				 R.I. Gen. Laws Chapters 5-65, 5-65.3, and the following sections of
				 Part 1 of this Subchapter:
1. Duty
				 to Participate: § 1.9.1 of this Subchapter.
2. Complaints Generally: §
				 1.9.2 of this Subchapter.
3. Board Initiated Investigations:
				 § 1.9.3 of this Subchapter.
4. The Board's Right to Refuse
				 and/or Dismiss Complaints: § 1.9.4 of this Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 3 - Rules and Regulations for Underground Utility Contractors › Section 440-RICR-10-00-3.10 - Notice of Accepted Complaints and Initial Board Investigation

Current through June 14, 2024
The rules and regulations pertaining to the
					 notice of accepted complaints and initial board investigation shall
					 comply with R.I. Gen. Laws Chapters § 5-65, 5-65.3, and §
										1.10     of Part 1 of this Subchapter:
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 3 - Rules and Regulations for Underground Utility Contractors › Section 440-RICR-10-00-3.11 - Prehearing Conferences and Alternative Dispute Resolution

Current through June 14, 2024
A. The rules pertaining to
				 prehearing conferences and alternative dispute resolution shall
				 comply with R.I. Gen. Laws Chapters § 5-65, 5-65.3, and the
				 following sections of Part 1 of this Subchapter:
1. Pre-Hearing Conferences: §
				 1.11.1 of this Subchapter.
2. Alternative Dispute Resolution:
				 § 1.11.2 of this Subchapter.
3. Pre-Hearing/Alternative Dispute
				 Resolution Procedures: § 1.11.3 of this Subchapter.
4. Administrative Hearings Based on
				 Contested Cases: § 1.11.4 of this Subchapter.
Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 3 - Rules and Regulations for Underground Utility Contractors › Section 440-RICR-10-00-3.12 - Violations

Current through June 14, 2024
A. The rules pertaining to
				 violations shall comply with R.I. Gen. Laws Chapters § 5-65,
				 5-65.3, and the following sections of Part 1 of this Subchapter:
1. Authority: § 1.12.1 of this
				 Subchapter.
2. Procedure
				 for Investigating and Processing Violations: § 1.12.2 of this
				 Subchapter.
3. Notices of
				 Violation / Proposed Order: § 1.12.3 of this
				 Subchapter.
4. Fines /
				 Penalties: § 1.12.4 of this Subchapter.
5. Court Judgments / Arbitration
				 Awards - Effect on Registration/License: § 1.12.5 of this
				 Subchapter.