reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 70 - Capital Asset Management and Maintenance › Subchapter 00 - General Provisions › Part 1 - Rules and Regulations to Implement the Green Building Act (220-RICR-70-00-1) › Section 220-RICR-70-00-1.2 - Definitions

Current through June 14, 2024
A. Except for the definition §
										1.2(4)(a)     of this Part, the following definitions are set forth in the Act in R.I. Gen.
				 Laws §
										37-24-3:
1. "Department" means the Department of
				 Administration.
2. "LEED certified
				 standard" means the current version of the United States Green Building Council
				 Leadership in Energy and Environmental Design green building rating standard
				 referred to as LEED certified.
3.
				 "Equivalent standard" means a high-performance green building standard other
				 than LEED, which provides a rating system or measurement tool, that, when used,
				 leads to outcomes, similar or equivalent to, LEED, outcomes, in terms of green
				 building performance; current accepted equivalent standards include green
				 globes, Northeast collaborative high-performance schools protocol; or other
				 equivalent high-performance green building standard accepted by the
				 department;
4. "Construction" means
				 the process of building, altering, repairing, improving, or demolishing forty
				 percent (40%) or more of any public structures or buildings, or other public
				 improvements of any kind to any public real property;
a. "Forty percent (40%) or more of any public
				 structures or buildings" shall mean the LESSER OF the following values:
(1) The Gross Square Footage (GSF) of the
				 structure, OR
(2) The currently
				 listed insurance value of the structure, OR
(3) The currently held insured value of the
				 structure, OR
(4) The currently
				 listed tax value of the structure, OR
(5) The currently listed market value of the
				 structure
5.
				 "Public facility" means any public institution, public facility, public
				 equipment, or any physical asset owned, leased or controlled in whole or in
				 part by this state or any agency or political subdivision thereof;
6. "Major facility project" means:
a. A building construction project larger
				 than five thousand (5,000) gross square feet of occupied or conditioned space;
				 or
b. A building renovation project
				 is larger than ten thousand (10,000) gross square feet of occupied or
				 conditioned space.
7.
				 "Public agency" means every state office, board, commission, committee, bureau,
				 department or public institution of higher education.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 70 - Capital Asset Management and Maintenance › Subchapter 00 - General Provisions › Part 1 - Rules and Regulations to Implement the Green Building Act (220-RICR-70-00-1) › Section 220-RICR-70-00-1.3 - Notification Process

Current through June 14, 2024
A. As required by
				 R.I. Gen. Laws §
										37-24-4,
				 all major facility projects of public agencies, that have not entered the
				 design phase prior to January 1, 2010, shall be designed and constructed to at
				 least the LEED certified or an equivalent high performance green building
				 standard.
B. The Department shall
				 annually notify all entities covered by the Act of their legal obligations and
				 requirements under the Act and these rules, including all reporting
				 requirements.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 70 - Capital Asset Management and Maintenance › Subchapter 00 - General Provisions › Part 1 - Rules and Regulations to Implement the Green Building Act (220-RICR-70-00-1) › Section 220-RICR-70-00-1.4 - Green Buildings Advisory Committee

Current through June 14, 2024
A. Composition
				 as stated in R.I. Gen. Laws §
										37-24-5,
				 the department shall create a green buildings advisory committee composed of
				 representatives from the design, construction, lumber and building materials
				 industries involved in public works contracting, personnel from affected public
				 agencies and school boards that oversee public works projects, and others at
				 the department's discretion to provide advice on implementing this
				 section.
B. Responsibilities:
1. The advisory committee shall make
				 recommendations regarding an education and training process and an ongoing
				 evaluation or feedback process to help the department implement the Green
				 Buildings Act. (R.I. Gen. Laws §
											37-24-5).
2. In addition:
a. the Building Commissioner will, at all
				 times, seek the advice and counsel of the Green Buildings Advisory Committee
				 and shall inform the Committee of all granted variances; and
b. the Commissioner shall seek the advice and
				 council of the Green Buildings Advisory Committee in making determinations of
				 all equivalent standards.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 70 - Capital Asset Management and Maintenance › Subchapter 00 - General Provisions › Part 1 - Rules and Regulations to Implement the Green Building Act (220-RICR-70-00-1) › Section 220-RICR-70-00-1.5 - Exceptions to Green Building Standards

Current through June 14, 2024
A. The
				 department is authorized to determine whether a project qualifies for an
				 exception from the LEED certified or equivalent high-performance green building
				 standard and the lesser green building standards that may be imposed on
				 projects that are granted exceptions. (see R.I. Gen. Laws §
										37-24-5).
B. As stated in R.I. Gen. Laws
				 §
										37-24-4,
				 a major facility project does not have to meet LEED certified standard or an
				 equivalent high-performance green building standard if:
1. There is no appropriate LEED standard or
				 other high-performance green building standard for that type of building or
				 renovation project. In such case and as stated in R.I. Gen. Laws §
											37-24-5,
				 the department will set lesser green building standards that are appropriate to
				 the project.
2. There is no
				 practical way to apply the LEED standard or other high- performance
				 green building standard to a particular building or renovation project. In such
				 case and as stated in R.I. Gen. Laws §
											37-24-5,
				 the department will set lesser green building standards that are appropriate to
				 the project.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 70 - Capital Asset Management and Maintenance › Subchapter 00 - General Provisions › Part 1 - Rules and Regulations to Implement the Green Building Act (220-RICR-70-00-1) › Section 220-RICR-70-00-1.6 - Equivalent Standards to LEED Certification

Current through June 14, 2024
A. The
				 following are deemed to be LEED Equivalent Standards:
1. High Performance Schools Standards, as
				 required by the Rhode Island Department· of Elementary and Secondary
				 Education, as a condition of construction reimbursement·;
2. Green Globes Certification;
3. International Green Construction Code
				 (IGCC); and
4. Any other equivalent
				 standards, as determined by the State Building Commissioner, that meet the
				 intent of the Act.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 70 - Capital Asset Management and Maintenance › Subchapter 00 - General Provisions › Part 1 - Rules and Regulations to Implement the Green Building Act (220-RICR-70-00-1) › Section 220-RICR-70-00-1.7 - Applying for an Exception

Current through June 14, 2024
A. Any and all
				 requests for an exception from the LEED certified or equivalent high-
				 performance green building standards need to be directed to the Department of
				 Administration, State Building Commissioner.
B. In deciding whether to approve a request
				 for an exception, the State Building Commissioner shall consider whether one or
				 more of the following described hardships exist:
1. Economic Hardship related to the specific
				 structure or project, not including ongoing economic hardship of the covered
				 entity.
2. Undo Hardship related to
				 the impracticality of achieving a green building standard for the subject
				 structure.
3. Other Hardship not
				 otherwise covered herein, including, but not limited to disaster reconstruction
				 or structural damage caused by fire, vandalism, theft, or act of God that may
				 be in excess of threshold applicability standards covered by the act.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 70 - Capital Asset Management and Maintenance › Subchapter 00 - General Provisions › Part 1 - Rules and Regulations to Implement the Green Building Act (220-RICR-70-00-1) › Section 220-RICR-70-00-1.8 - Annual Report

Current through June 14, 2024
A. The department
				 shall monitor and document ongoing operating savings that result from major
				 facility projects designed, constructed and certified as meeting the LEED
				 certified standard and annually publish a public report of findings and
				 recommended changes in policy. (See R.I. Gen. Laws §
										37-24-5)
B. The report shall also include
				 a description of projects that were granted exceptions from the LEED certified
				 standard, the reasons for exception, and the lesser green building standards
				 imposed. (See R.I. Gen. Laws §
										37-24-5)
C. The annual report will be
				 issued in December and will be posted on the website maintained by the office
				 of the Building Commissioner.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 70 - Capital Asset Management and Maintenance › Subchapter 00 - General Provisions › Part 1 - Rules and Regulations to Implement the Green Building Act (220-RICR-70-00-1) › Section 220-RICR-70-00-1.9 - Severability

Current through June 14, 2024
If any provision of these Rules or Sections or the
					 application thereof to any person or circumstances shall be held invalid, such
					 invalidity shall not affect the provisions or application of the Rules or
					 Sections which can be given effect, and to this end the provisions of these
					 Rules or Sections are declared to be severable.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 70 - Capital Asset Management and Maintenance › Subchapter 00 - General Provisions › Part 1 - Rules and Regulations to Implement the Green Building Act (220-RICR-70-00-1) › Section 220-RICR-70-00-1.10 - Effective Date

Current through June 14, 2024
These Rules shall take effect twenty (20) days after they
					 have been filed with the Secretary of State.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 70 - Capital Asset Management and Maintenance › Subchapter 00 - General Provisions › Part 3 - MBE CAPITAL PAYMENT PILOT PROGRAM › Section 220-RICR-70-00-3.1 - Purpose

Current through June 14, 2024
The purpose of this Part is to govern the certified MBE
					 Capital Payment Pilot Program (Program), for the sole purpose of facilitating
					 weekly payments to Rhode Island certified minority business enterprise (MBE)
					 subcontractors for completed work on public projects.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 70 - Capital Asset Management and Maintenance › Subchapter 00 - General Provisions › Part 3 - MBE CAPITAL PAYMENT PILOT PROGRAM › Section 220-RICR-70-00-3.2 - Authority

Current through June 14, 2024
This Part is promulgated pursuant to the authority granted
					 in R.I. Gen. Laws §
										42-11-2.9.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 70 - Capital Asset Management and Maintenance › Subchapter 00 - General Provisions › Part 3 - MBE CAPITAL PAYMENT PILOT PROGRAM › Section 220-RICR-70-00-3.3 - Applicability

Current through June 14, 2024
A. This Part shall be applicable to all
				 vendors, including contractors and subcontractors, participating in the
				 Program.
B. The Department of
				 Administration will select no less than five (5) projects of varying size and
				 complexity as part of this pilot program. Participation in the pilot program
				 will be listed in the solicitation for each such project.
C. The Program will expire on December 31,
				 2021. Notwithstanding the expiration of the Program, any vendor contractually
				 bound to participate in the Program shall participate in the Project until the
				 date of final project completion.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 70 - Capital Asset Management and Maintenance › Subchapter 00 - General Provisions › Part 3 - MBE CAPITAL PAYMENT PILOT PROGRAM › Section 220-RICR-70-00-3.4 - Definitions

Current through June 14, 2024
A. "Program Payments" means weekly payments
				 made at the completion of a work week to certified MBE's by a contractor
				 participating in the Program.
B.
				 "Minority Business Enterprise" (MBE) shall have the same meaning as set forth
				 in R.I. Gen. Laws §
										37-14.1-3.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 70 - Capital Asset Management and Maintenance › Subchapter 00 - General Provisions › Part 3 - MBE CAPITAL PAYMENT PILOT PROGRAM › Section 220-RICR-70-00-3.5 - Eligibility

Current through June 14, 2024
A. Subcontractors
1. Only subcontractors certified as MBE's
				 pursuant to R.I. Gen. Laws Chapter. 37-14 and that maintain a principal office
				 or headquarters within the State of Rhode Island shall be eligible to
				 participate in the Program.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 70 - Capital Asset Management and Maintenance › Subchapter 00 - General Provisions › Part 3 - MBE CAPITAL PAYMENT PILOT PROGRAM › Section 220-RICR-70-00-3.6 - Program Payments and Contractor Invoicing

Current through June 14, 2024
A.
				 Program Payments
1. Contractors shall make
				 Program payments to participating MBE's on a weekly basis with respect to the
				 contract between the contractor and subcontractor, commencing after the MBE's
				 first week of completed work on the subcontract.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 70 - Capital Asset Management and Maintenance › Subchapter 00 - General Provisions › Part 3 - MBE CAPITAL PAYMENT PILOT PROGRAM › Section 220-RICR-70-00-3.7 - Sanctions

Current through June 14, 2024
Any contractor who fails to abide by this Part shall be
					 subject to termination of its contract with the State and suspension, pursuant
					 to Vendor Suspension and Debarment, 220-RICR- 30-00-14.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 70 - Capital Asset Management and Maintenance › Subchapter 05 - STATE FLEET OPERATIONS › Part 2 - Rules and Regulation Governing the State Fleet Replacement Revolving Loan Fund (220-RICR-70-05-2) › Section 220-RICR-70-05-2.1 - Authority

Current through June 14, 2024
This Part is promulgated pursuant to R.I. Gen. Laws §
										42-11-2.4(d).
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 70 - Capital Asset Management and Maintenance › Subchapter 05 - STATE FLEET OPERATIONS › Part 2 - Rules and Regulation Governing the State Fleet Replacement Revolving Loan Fund (220-RICR-70-05-2) › Section 220-RICR-70-05-2.2 - Purpose

Current through June 14, 2024
The purpose of this Part is to provide for the orderly and
					 equitable disbursement and repayment of funds from the State Fleet Replacement
					 Revolving Loan Fund. This includes the purposes for which the loan fund may be
					 used, as well as the process for application, selection, and
					 repayment.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 70 - Capital Asset Management and Maintenance › Subchapter 05 - STATE FLEET OPERATIONS › Part 2 - Rules and Regulation Governing the State Fleet Replacement Revolving Loan Fund (220-RICR-70-05-2) › Section 220-RICR-70-05-2.3 - Scope and Applicability

Current through June 14, 2024
A. While the use of
				 the loan fund shall not be the exclusive means by which agencies are permitted
				 to acquire vehicles, if an agency wishes to access the loan fund it must comply
				 with these rules.
B. This Part
				 shall apply to all agencies who request the use of the loan, which may include
				 agencies that are not specifically regulated by the Office of State Fleet
				 Operations.
C. These rules must be
				 read in concert with the "Rules and Regulations Governing the Office of State
				 Fleet Operations and the Management and Use of State Owned Motor Vehicles by
				 State Agencies" 220-RICR- 70-05-01. In the event of any inconsistency with the
				 provisions of that Part, the provisions of this Part shall apply.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 70 - Capital Asset Management and Maintenance › Subchapter 05 - STATE FLEET OPERATIONS › Part 2 - Rules and Regulation Governing the State Fleet Replacement Revolving Loan Fund (220-RICR-70-05-2) › Section 220-RICR-70-05-2.5 - Purposes for which the State Fleet Replacement Revolving Loan Fund may be Used

Current through June 14, 2024
A. The purpose of
				 the loan fund is to serve as a funding source for vehicle purchases by state
				 agencies.
B. All money placed in
				 the State Fleet Replacement Revolving Loan Fund shall be used to make loans for
				 the purchase of new and/or used vehicles and associated equipment and
				 attachments.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 70 - Capital Asset Management and Maintenance › Subchapter 05 - STATE FLEET OPERATIONS › Part 2 - Rules and Regulation Governing the State Fleet Replacement Revolving Loan Fund (220-RICR-70-05-2) › Section 220-RICR-70-05-2.6 - Application for Funding

Current through June 14, 2024
A. Each agency
				 assigned vehicles from the state fleet is required to submit an updated
				 three-year vehicle replacement plan annually no later than June 15 to the
				 office of state fleet operations, with a copy to the Budget Office, in a format
				 determined by the office of state fleet operations. Any anticipated vehicle
				 purchases, whether straight buys with agency funding or requests to finance
				 through the revolving loan fund, must be included in the vehicle replacement
				 plans.
B. The vehicle replacement
				 plan shall constitute the application to obtain financing through the State
				 Fleet Replacement Revolving Loan Fund.
C. As a condition for obtaining a loan from
				 the loan fund, state agencies will be required to execute a loan agreement as
				 prescribed within, in which they agree to the repayment of the loan and any
				 applicable service charges.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 70 - Capital Asset Management and Maintenance › Subchapter 05 - STATE FLEET OPERATIONS › Part 2 - Rules and Regulation Governing the State Fleet Replacement Revolving Loan Fund (220-RICR-70-05-2) › Section 220-RICR-70-05-2.7 - Decision to Approve Funding

Current through June 14, 2024
A. The office of
				 fleet operations, in consultation with the state Budget Office, will make the
				 final determination on the allocation of funds from the State Fleet Replacement
				 Revolving Loan Fund. Loans will be dependent on the balance of funding
				 available in the loan fund for the respective fiscal year. While the office
				 will make every attempt to allocate funds on an equitable basis among agencies,
				 primary focus will be on those vehicles most in need of replacement, as
				 determined by the office under the criteria listed in §
										2.7(B)     of
				 this Part.
B. The office of state
				 fleet operations shall make the final determination on the replacement of
				 vehicles. This determination shall be made based on criteria including, but not
				 limited to, the age of the vehicle, mileage, and maintenance costs, how the
				 vehicle is used and overall vehicle condition.
C. Vehicles returned to the office of state
				 fleet operations by one agency may be used to replace older vehicles or
				 vehicles in worse condition at other agencies, in lieu of replacement with new
				 vehicles. In such an event, a fair trade-in value will be determined by the
				 office of state fleet operations and may be assessed to the acquiring agency,
				 offsetting the returning agency's new vehicle costs.
D. Each agency will be notified of the
				 decisions with regards to replacement of vehicles and the allocation of funds
				 from the loan fund within three months, if possible, of the final submission of
				 vehicle replacement plans by all state agencies requesting replacement of
				 vehicles. Notification will be made in writing by the office of state fleet
				 operations.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 70 - Capital Asset Management and Maintenance › Subchapter 05 - STATE FLEET OPERATIONS › Part 2 - Rules and Regulation Governing the State Fleet Replacement Revolving Loan Fund (220-RICR-70-05-2) › Section 220-RICR-70-05-2.8 - Payments from the Fund

Current through June 14, 2024
A. Upon approval of
				 the replacement of vehicles and the allocation of funds from the State Fleet
				 Replacement Revolving Loan Fund, agencies will be required to create purchase
				 requisitions consistent with guidelines provided by the office of state fleet
				 operations and the division of purchases.
B. No purchase requisitions for purchases
				 against the loan fund will be approved until a signed loan agreement has been
				 received and accepted by the office.
C. All payments for vehicles that are
				 financed from the loan fund will be made not by the recipient agency, but by
				 the office of state fleet operations.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 70 - Capital Asset Management and Maintenance › Subchapter 05 - STATE FLEET OPERATIONS › Part 2 - Rules and Regulation Governing the State Fleet Replacement Revolving Loan Fund (220-RICR-70-05-2) › Section 220-RICR-70-05-2.9 - Loan Agreement

Current through June 14, 2024
A. The office of
				 state fleet operations will develop a loan agreement form that will be used to
				 establish a loan between the office and each respective state agency.
B. The loan agreement will document the
				 vehicles and/or equipment being acquired, the term of the loan, the service
				 charge due from the agency, and the repayment schedule of the loan. The
				 agreement will also indicate the account(s) to be billed annually for the
				 principal and service charge components of the loan.
C. The agreement shall be signed by the
				 department director or their designee and by the office of state fleet
				 operations.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 70 - Capital Asset Management and Maintenance › Subchapter 05 - STATE FLEET OPERATIONS › Part 2 - Rules and Regulation Governing the State Fleet Replacement Revolving Loan Fund (220-RICR-70-05-2) › Section 220-RICR-70-05-2.10 - Repayment Provisions

Current through June 14, 2024
A. The office of
				 state fleet operations will bill each agency annually for lease payments
				 through the state's accounting system by charging those accounts as provided
				 for in the loan agreement.
B. The
				 proceeds from the repayment of any loans shall be deposited in and returned to
				 the loan fund, to constitute a continuing revolving fund for the purposes
				 listed above.
C. If an agency no
				 longer wants to maintain a vehicle acquired under a loan agreement and there
				 are lease payments still due, it is the responsibility of the agency to find
				 another agency to take over the vehicle and assume the lease payments. If no
				 agency can be found to take over the lease payments, the agency on the loan
				 agreement will be required to continue paying all lease payments until the loan
				 is repaid in full.
D. If a vehicle
				 acquired under a loan agreement is no longer useable by the agency due to an
				 accident and there are lease payments still due, the agency will be required to
				 continue paying all lease payments until the loan is repaid in full. Any
				 salvage value or insurance proceeds that may be received due to an accident
				 will be used to reduce or pay off the outstanding loan.
E. Outstanding loans shall become the
				 responsibility of any successor agency if the original agency is merged with a
				 new agency or abolished.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 70 - Capital Asset Management and Maintenance › Subchapter 05 - STATE FLEET OPERATIONS › Part 2 - Rules and Regulation Governing the State Fleet Replacement Revolving Loan Fund (220-RICR-70-05-2) › Section 220-RICR-70-05-2.11 - Loan Terms Shall be Based on the Following Schedule

Current through June 14, 2024
A. Terms
1.
				 Passenger Cars/Pickup Trucks/Vans/All Purpose Vehicles
Costing $50,000 or less
3 years
Costing $50,001 or more
5 years
2.
				 Heavy trucks/equipment/buses
Costing $100,000 or less
5 years
Costing $100,001 or more
7 years
3.
				 Trailers/motorcycles/off-road equipment
Costing $50,000 or less
3 years
Costing $50,001 or more
5 years
4.
				 Attachments/equipment acquired separately from vehicle
Costing $50,000 or less (per item)
3 years
Costing $50,001 or more (per item)
5 years
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 05 - Equal Opportunity › Part 1 - State of Rhode Island Equal Opportunity Office Equal Opportunity and Nondiscrimination in Health Care Regulations and Procedures (220-RICR-80-05-1) › Section 220-RICR-80-05-1.1 - Authority

Current through June 14, 2024
As per the requirement set forth in R.I. Gen. Laws §
										28-5.1-12,
					 titled "Health Care", the State Equal Opportunity Office shall review the equal
					 opportunity activity of all private health care facilities licensed or
					 chartered in the State of Rhode Island.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 05 - Equal Opportunity › Part 1 - State of Rhode Island Equal Opportunity Office Equal Opportunity and Nondiscrimination in Health Care Regulations and Procedures (220-RICR-80-05-1) › Section 220-RICR-80-05-1.2 - Purpose

Current through June 14, 2024
It is the State Equal Opportunity Office's purpose to carry
					 out its responsibilities as mandated by reviewing and monitoring the equal
					 opportunity and nondiscrimination activity of the health care facilities in the
					 state, after establishing the following regulations, compliance standards, and
					 procedures. In addition, the State Equal Opportunity Office will provide
					 technical assistance to the facilities and investigate possible
					 discrimination.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 05 - Equal Opportunity › Part 1 - State of Rhode Island Equal Opportunity Office Equal Opportunity and Nondiscrimination in Health Care Regulations and Procedures (220-RICR-80-05-1) › Section 220-RICR-80-05-1.3 - General Provisions

Current through June 14, 2024
A. Health Care
				 Services - There is a responsibility both in government and private entities to
				 demonstrate to the citizens of Rhode Island that they are deserving of quality
				 health care services to be provided to them in an equal and nondiscriminatory
				 manner and without regard to their race, color, religion, sex, sexual
				 orientation, gender identity or expression, age, national origin, or
				 disability.
B. Admissions - It is
				 every person's right to be admitted to a health care facility regardless of
				 their race, color, religion, sex, sexual orientation, gender identity or
				 expression, age, national origin, or disability.
C. Employment - Equally as important, there
				 is a need for those working in the health care field to be afforded the
				 opportunity to do so without regard to their race, color, religion, sex, sexual
				 orientation, gender identity or expression, age, national origin, or
				 disability.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 05 - Equal Opportunity › Part 1 - State of Rhode Island Equal Opportunity Office Equal Opportunity and Nondiscrimination in Health Care Regulations and Procedures (220-RICR-80-05-1) › Section 220-RICR-80-05-1.4 - Definitions

Current through June 14, 2024
A. The following words and terms shall have
				 the following meanings whenever used in these Regulations.
1. "Affirmative action plan" means a
				 comprehensive plan of action set forth in writing that identifies specifically
				 what the organization plans to do regarding recruiting, hiring, promoting, and
				 training those members of the protected classes for employment purposes. It
				 should also establish the methods in which the plan will be implemented and
				 updated and evaluated for its effectiveness. A section of the plan must address
				 the outreach and implementation methods to those members of the protected
				 classes for servicing purposes.
2.
				 "Compliance" means in accordance to the standards set forth in these
				 regulations and procedures, R.I. General Law, "Patient's Rights" and all
				 applicable superseding federal laws. (The Civil Rights Act of 1964, The
				 Rehabilitation Act of 1973, The Age Discrimination Act of 1975).
3. "Health care facility" means any
				 institutional health service provider, facility, or institution, place,
				 building, or agency whether a partnership or corporation, used, operated, or
				 engaged in providing health care services, including, but not limited to
				 hospitals, skilled nursing facilities, intermediate care facilities, home
				 health agencies, rehabilitation and convalescent home, health maintenance
				 organizations, emergency care facilities, and facilities providing surgical
				 treatment to patients not requiring hospitalization. (Exclusions are defined in
				 R.I. Gen. Law §23-17-2)
4. "Health care service" means
				 tending to an individual's mental, physical, or psychological needs.
5. "Knowledge of discrimination" means when
				 the individual has become aware and has made the decision that he/she has been
				 allegedly discriminated against.
6.
				 "Licensee/charter" means any private health care provider who has to obtain
				 permission to operate its facility from a state regulatory agency.
7. "Private" means any chartered profit or
				 non-profit health care facility that is licensed to provide services.
8. "Protected classes" means any person or
				 group of persons who are protected by federal and state laws pertaining to
				 discrimination.
9. "SEOO" means the
				 State Equal Opportunity Office.
10.
				 "State" means the State of Rhode Island.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 05 - Equal Opportunity › Part 1 - State of Rhode Island Equal Opportunity Office Equal Opportunity and Nondiscrimination in Health Care Regulations and Procedures (220-RICR-80-05-1) › Section 220-RICR-80-05-1.5 - Services and Admission Compliance Standards

Current through June 14, 2024
A.
				 Application - All private licensed health care facilities in the state must
				 comply with the following Services and Admission Standards.
B. Notice - Have an effective and ongoing
				 notification mechanism informing clients/patients that the health care services
				 are available in a nondiscriminatory manner and without regard to one's race,
				 color, religion, sex, sexual orientation, gender identity or expression, age,
				 national origin, or disability.
C.
				 Grievance - Have an effective and ongoing grievance procedure mechanism that a
				 client/patient can clearly follow if they feel they have been denied a service,
				 admittance, or treated differently because they are a member of a protected
				 class.
D. Filing - The last step in
				 the grievance procedure must include that the charging party can file with the
				 SEOO, 1 Capitol Hill, Providence, RI 02908 or call (401) 222-3090 within ten
				 (10) days of the knowledge of the alleged discrimination.
E. Planning - The health care facility should
				 be able to verify its efforts or accomplishments in utilizing and consulting
				 with members from,
1. Minority groups,
				 and
2. Disability groups for
				 planning the delivery of services/programs.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 05 - Equal Opportunity › Part 1 - State of Rhode Island Equal Opportunity Office Equal Opportunity and Nondiscrimination in Health Care Regulations and Procedures (220-RICR-80-05-1) › Section 220-RICR-80-05-1.6 - Employment Standards

Current through June 14, 2024
A. Application -
				 All private licensed health care facilities in the State of Rhode Island must
				 comply with the following employment standards.
B. Affirmative Action Policy - The health
				 care facility must have an Affirmative Action Policy that states that no one
				 will be discriminated against because of their race, color, religion, sex,
				 sexual orientation, gender identity or expression, age, national origin, or
				 disability in the areas of,
1.
				 Hiring,
2. Promotions,
3. Treatment of,
4. Terminations,
5. Benefits
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 05 - Equal Opportunity › Part 1 - State of Rhode Island Equal Opportunity Office Equal Opportunity and Nondiscrimination in Health Care Regulations and Procedures (220-RICR-80-05-1) › Section 220-RICR-80-05-1.7 - Monitoring and Compliance Procedures

Current through June 14, 2024
A. Compliance
				 Reports - The SEOO requires the health care facility to complete a compliance
				 report annually and upon demand. The information provided by the report will be
				 analyzed for compliance. The health care facility will receive a letter
				 indicating that the compliance report has been received by the SEOO and it is
				 under review. After the information from the compliance report is analyzed, a
				 letter summarizing the compliance report will be sent to the health care
				 facility indicating its results.
B.
				 Compliance Problems - If the compliance reports indicated that there were any
				 compliance problems, the summarizing letter will indicate them and their
				 significance;
1. Any minor issues will be
				 addressed by recommending a way in which to resolve the problem(s) by
				 letter,
2. Any major compliance
				 problem(s) that is identified will be addressed by the SEOO conducting an
				 on-site visit, according to the following procedures.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 05 - Equal Opportunity › Part 1 - State of Rhode Island Equal Opportunity Office Equal Opportunity and Nondiscrimination in Health Care Regulations and Procedures (220-RICR-80-05-1) › Section 220-RICR-80-05-1.8 - Grievance Complaints and Procedures

Current through June 14, 2024
A. Employee
				 Grievances - Employees of the health care facility may file a complaint of
				 discrimination with the RI Human Rights Commission, 180 Westminster St.,
				 Providence, RI 02903, (401) 222-2662; within one (1) year of the alleged
				 violation.
B. Denial of Service
				 Grievance - A Client of a health care facility may file a denial of service,
				 due to discrimination or inaccessibility of a service complaint within ten (10)
				 working days from the knowledge of the alleged incident. The client may call
				 the SEOO or write a letter. When a client contacts the SEOO, the following
				 procedures will be placed in action:
1. An
				 SEOO representative will take a formal statement from the client.
2. The health care facility's appointed
				 authority will be notified by the SEOO of the compliant.
3. The SEOO will conduct an
				 investigation.
4. Upon the
				 completion of an investigation, the SEOO will make a determination of probable
				 cause.
5. If probable cause of
				 discrimination or denial of services is not evident, the parties are so
				 informed.
6. Where there is
				 probable cause, the SEOO will try to conciliate the complaint.
7. If an agreement is not reached, a formal
				 hearing will be scheduled.
8. When
				 it has been determined by the formal hearing that denial of service(s) due to
				 discrimination exists, the SEOO will recommend corrective action.
9. If corrective action is not implemented,
				 the SEOO will notify the health care facility's regulating agency/licensor and
				 other state funding source(s) as deemed necessary.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 05 - Equal Opportunity › Part 2 - Rules of Practice and Procedure for Hearings on Complaints Issued by the State Equal Opportunity Administrator › Section 220-RICR-80-05-2.1 - Authority

Current through June 14, 2024
These Rules and Regulations are promulgated pursuant to
					 R.I. Gen. Laws §
										42-11-2.7(d)  and
					 R.I. Gen. Laws §
										28-5.1-3.2(b).
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 05 - Equal Opportunity › Part 2 - Rules of Practice and Procedure for Hearings on Complaints Issued by the State Equal Opportunity Administrator › Section 220-RICR-80-05-2.2 - Scope

Current through June 14, 2024
These Rules shall govern hearings on complaints initiated
					 by the State Equal Opportunity Office pursuant to R.I. Gen. Laws §
										28-5.1-3.2(a).
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 05 - Equal Opportunity › Part 2 - Rules of Practice and Procedure for Hearings on Complaints Issued by the State Equal Opportunity Administrator › Section 220-RICR-80-05-2.3 - Definitions

Current through June 14, 2024
A. Wherever used in these Rules and
				 Regulations, the following terms shall be construed as follows unless the
				 context in which they are used clearly requires a different meaning:
1. "Administrator" means the State Equal
				 Opportunity Administrator as established by R.I. Gen. Laws §
											28-5.1-3(e).
2. "Agency" means any agency of any
				 department or division within State government excluding the legislative
				 branch.
3. "Associate director"
				 means the Associate Director of the Office of Diversity, Equity and Opportunity
				 as established by R.I. Gen. Laws §
											42-11-2.7(b).
4. "Contested case" means a matter for which
				 the Office has initiated a complaint pursuant to R.I. Gen. Laws §
											28-5.1-3.2(a).
5. "Director" means the Director of the
				 Department of Administration as established by R.I. Gen. Laws §
											42-11-1.
6. "Employee" means any individual who is a
				 State employee or was a State employee or was an applicant for State
				 employment.
7. "Hearing officer"
				 means the Administrator of Adjudication as defined by R.I. Gen. Laws §
											36-4-40.1, or another Hearing
				 Officer designated by the Director.
8. "Office" means the State Equal Opportunity
				 Office as established by R.I. Gen. Laws §
											28-5.1-2(a).
9. "Order" means an Order made pursuant to
				 R.I. Gen. Laws §
											28-5.1-3.2(c) 
				 requiring a respondent to a complaint to cease and desist from any unlawful
				 discriminatory practice and/or to take any affirmative action, including, but
				 not limited to, hiring, reinstatement, transfer, or upgrading employees, with
				 or without back pay, or dismissal, that may be necessary to secure compliance
				 with any applicable affirmative action plan or with State or Federal law. The
				 Office shall not issue an Order without the approval of the Associate
				 Director.
10. "Party" means the
				 Administrator, in his or her official capacity, the Agency named in the
				 complaint, and any Employee deemed by the Hearing Officer to have
				 standing.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 05 - Equal Opportunity › Part 2 - Rules of Practice and Procedure for Hearings on Complaints Issued by the State Equal Opportunity Administrator › Section 220-RICR-80-05-2.4 - Complaints

Current through June 14, 2024
A. The Administrator, with the approval of
				 the Associate Director, may initiate a complaint in accordance with R.I. Gen.
				 Laws §
										28-5.1-3.2(a).
B. No complaint shall be issued unless the
				 Office has reason to believe that the Agency willfully failed to comply with
				 the requirements of any applicable affirmative action plan or of R.I. Gen. Laws
				 §
										28-5.1-1
et seq.
,
				 or the Agency failed to meet the standards of good faith effort, reasonable
				 basis, or reasonable action, as defined in guidelines promulgated by the
				 Federal Equal Employment Opportunity Commission as set forth in 29 C.F.R. Part
				 1607.
C. All complaints issued by
				 the Administrator shall name the Agency as the respondent. No Employee shall be
				 named by the Office as a respondent to the complaint.
D. Any Employee may make motion to the
				 Hearing Officer to become a Party.
E. The Administrator shall serve the
				 complaint upon the Agency's head in accordance with R.I. Gen. Laws §
										28-5.1-3.2(b). A
				 copy of the complaint shall be sent to the Director.
F. The Agency shall respond to the complaint
				 and appear at the hearing in accordance with R.I. Gen. Laws §
										28-5.1-3.2(b).
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 05 - Equal Opportunity › Part 2 - Rules of Practice and Procedure for Hearings on Complaints Issued by the State Equal Opportunity Administrator › Section 220-RICR-80-05-2.5 - Standard

Current through June 14, 2024
The Hearing Officer shall determine whether the Agency
					 willfully failed to comply with the requirements of any applicable affirmative
					 action plan or of R.I. Gen. Laws §
										28-5.1-1
et seq.
,
					 or the Agency failed to meet the standards of good faith effort, reasonable
					 basis, or reasonable action, as defined in guidelines promulgated by the
					 Federal Equal Employment Opportunity Commission as set forth in 29 C.F.R. Part
					 1607 . The Hearing Officer shall issue a written decision in accordance with
					 their determination.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 05 - Equal Opportunity › Part 2 - Rules of Practice and Procedure for Hearings on Complaints Issued by the State Equal Opportunity Administrator › Section 220-RICR-80-05-2.6 - Hearings In General

Current through June 14, 2024
A. All Parties
				 should be afforded an opportunity to respond and present evidence and argument
				 on all issues involved.
B. Agencies
				 must appear at hearings by appearance of legal counsel. Individual Employees,
				 once named as Parties by the Hearing Officer, may represent themselves or be
				 represented by legal counsel at their own expense. Consistent with R.I. Gen.
				 Laws §
										11-27-2, "Practice of Law," any
				 person accompanying a Party who is not a lawyer (certified member of the bar of
				 the State of Rhode Island) cannot represent the Party in the hearing.
C. Continuances and postponements may be
				 granted by the Hearing Officer in his or her discretion.
D. Disposition may be made of any Contested
				 Case by stipulation, agreed settlement, consent order or default.
E. Should the Hearing Officer determine that
				 written memoranda are required, the Parties will be notified by the Hearing
				 Officer of the need to file a written document which discusses the issues of
				 the case. Memoranda of Law may always be offered in support of arguments
				 offered by the Parties.
F. The
				 Administrator may, when he or she deems appropriate, retain independent legal
				 counsel to prosecute any Contested Case.
G. A record of each hearing shall be made.
				 Any Party may request a transcript at its own expense. If a transcript is
				 requested by any Party, a copy of the transcript shall be provided, at no cost,
				 to the Hearing Officer.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 05 - Equal Opportunity › Part 2 - Rules of Practice and Procedure for Hearings on Complaints Issued by the State Equal Opportunity Administrator › Section 220-RICR-80-05-2.7 - Conduct of Hearings

Current through June 14, 2024
A. Hearings shall
				 be conducted by the Hearing Officer who shall have authority to examine
				 witnesses, to rule on motions, and to rule upon the admissibility of
				 evidence.
B. The hearing shall be
				 convened by the Hearing Officer. Appearances shall be noted and any motions or
				 preliminary matters shall be taken up. Each Party shall have the opportunity to
				 present its case generally on an issue by issue basis, by calling and examining
				 witnesses and introducing written evidence.
C. The Administrator shall first present his
				 or her case followed by presentation of the Agency and any other
				 Parties.
D. The Hearing Officer
				 shall have the authority to continue or recess any hearing and to keep the
				 record open for the submission of additional evidence.
E. If for any reason a Hearing Officer cannot
				 continue on a case, another Hearing Officer will be appointed who will become
				 familiar with the record and perform any function remaining to be performed
				 without the necessity of repeating any previous proceedings in the
				 case.
F. Each Party shall have the
				 opportunity to examine witnesses and cross-examine opposing witnesses on any
				 matter relevant to the issues in the case.
G. Any objections to testimony or evidence
				 and the basis for the objection shall be made at the time the testimony or
				 evidence is offered.
H. The Hearing
				 Officer may question any Party or any witness for the purpose of clarifying his
				 or her understanding or to clarify the record.
I. The scope of the hearing shall be limited
				 to those matters specifically outlined in the complaint.
J. Written evidence will be marked for
				 identification. If the original is not readily available, written evidence may
				 be received in the form of copies or excerpts. Upon request, Parties shall be
				 given an opportunity to compare the copy with the original.
K. Findings of fact shall be based solely on
				 the evidence and matters officially noticed.
L. If a Party fails to attend or participate
				 in the hearing as requested, the Hearing Officer may issue a default ruling
				 against such Party.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 80 - Diversity, Equity and Opportunity › Subchapter 05 - Equal Opportunity › Part 2 - Rules of Practice and Procedure for Hearings on Complaints Issued by the State Equal Opportunity Administrator › Section 220-RICR-80-05-2.8 - Records of Proceedings

Current through June 14, 2024
A. The record in a
				 Contested Case shall include:
1. All
				 pleadings, motions, intermediate rulings;
2. Evidence received or considered;
3. A statement of matters officially
				 noticed;
4. Questions and offers of
				 proof and rulings thereon;
5.
				 Proposed findings and exceptions;
6. Any decision, opinion, or report by the
				 Hearing Officer at or after the hearing; and
7. All memoranda or data submitted to the
				 Hearing Officer in connection with the Hearing Officer's consideration of the
				 case.