reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 20 - Grants and Loans › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the State Preservation Grants › Section 530-RICR-20-00-1.8 - Grant Terms

Current through June 14, 2024
A. Grant Amount Grants will be available in two (2) categories: Small Project Grants of eight thousand dollars ($8,000.00) to fifty thousand dollars ($50,000.00) and Large Project Grants up to one hundred fifty thousand dollars ($150,000.00).
B. Matching Fund Requirements
1. Small Project Grants are for projects that cost between twelve thousand dollars ($12,000.00) and seventy-five thousand dollars ($75,000.00). The minimum grant is eight thousand dollars ($8,000.00), and the maximum grant is fifty thousand dollars ($50,000.00). Small Project Grants shall be matched at a ratio of two dollars ($2.00) in grant funds matched by one dollar ($1.00) from grantee funds. The following "in-kind" contributions will be accepted for Small Project Grants:
a. Building materials approved by the RIHPHC
b. Professional design and construction services approved by the RIHPHC, such as work performed by an architect or engineer or a licensed contractor
c. The donated work of volunteers who are not construction professionals is not eligible as match. No grant funds may be used to pay a member of the grantee organization to manage the project, and grantee staff time devoted to the project is not considered match.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 20 - Grants and Loans › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the State Preservation Grants › Section 530-RICR-20-00-1.9 - Additional Administration or Fiscal Requirements

Current through June 14, 2024
The Commission, the Department of Administration, or other authorized representatives of the State of Rhode Island may establish from time to time additional administrative or fiscal requirements, not inconsistent with these Regulations, to assure the effective operation of the State Preservation Grants. Additional administrative or fiscal requirements may include procedures to encourage an open and competitive process of awarding contracts for rehabilitation work. Information about all requirements of the Grants shall be available through the Commission.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 20 - Grants and Loans › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the State Preservation Grants › Section 530-RICR-20-00-1.10 - Emergency Grants

Current through June 14, 2024
In the event of an emergency, the Commission may award a State Preservation Grant outside of the standard timeframe for grant applications described in §
										1.4(E)     of this Part. Applications for an emergency grant must include justification of the basis for the emergency. Inadequate anticipation of need shall not be considered justification for an emergency grant. Deferred maintenance resulting in building or systems failures shall not be considered justification for an emergency grant. Emergency grants may only be considered by the Commission if State Preservation Grant funds meeting or exceeding the amount of the proposed emergency grant are unobligated and available.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 20 - Grants and Loans › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the State Preservation Grants › Section 530-RICR-20-00-1.11 - Commission's Authorized Representative

Current through June 14, 2024
The Executive Director of the RIHPHC is authorized to act on behalf of the Commission to implement and carry out a grants program in accordance with these Regulations. Decisions of the Executive Director may be appealed to the Commission in accordance with the Commission's procedures.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 20 - Grants and Loans › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the State Preservation Grants › Section 530-RICR-20-00-1.12 - Severability

Current through June 14, 2024
If any provision of these Rules and Regulations, or the application thereof to any person or circumstances, is held invalid by a court of competent jurisdiction, the validity of the remainder of the Rules and Regulations shall not be affected thereby.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 30 - Tax Credits › Subchapter 00 - N/A › Part 1 - Historic Structures Tax Credit (530-RICR-30-00-1) › Section 530-RICR-30-00-1.1 - Jointly Promulgated Regulation

Current through June 14, 2024
A. The Rhode Island
				 Historical Preservation & Heritage Commission and the Rhode Island Division
				 of Taxation jointly promulgated 280-RICR- 20-20-3, "Historic Structures Tax
				 Credit."
B. This Part hereby adopts
				 and references 280-RICR- 20-20-3.
Rhode Island Code of Regulations › Title 530 - Historical Preservation And Heritage Commission › Chapter 30 - Tax Credits › Subchapter 00 - N/A › Part 2 - Historic Preservation Tax Credits 2013 (530-RICR-30-00-2) › Section 530-RICR-30-00-2.1 - Jointly Promulgated Regulation

Current through June 14, 2024
A. The Rhode Island
				 Historical Preservation & Heritage Commission and the Rhode Island Division
				 of Taxation jointly promulgated 280-RICR- 20-20-6, "Historic Preservation Tax
				 Credits 2013."
B. This Part hereby
				 adopts and references 280-RICR- 20-20-6.
Rhode Island Code of Regulations › Title 545 - Judicial Nominating Commission › Chapter 10 - General Provisions › Subchapter 00 - N/A › Part 1 - Uniform Rules of Procedures (545-RICR-10-00-1) › Section 545-RICR-10-00-1.2 - Screening Procedures

Current through June 14, 2024
The Commission shall meet as soon as practicable following
					 receipt of a notice of vacancy from the Governor and shall commence the
					 recruitment process. The Commission chairperson may appoint one or more
					 subcommittees to review completed questionnaires and background materials as
					 part of the screening process.
Rhode Island Code of Regulations › Title 545 - Judicial Nominating Commission › Chapter 10 - General Provisions › Subchapter 00 - N/A › Part 1 - Uniform Rules of Procedures (545-RICR-10-00-1) › Section 545-RICR-10-00-1.3 - Further Investigation: Personal Interviews

Current through June 14, 2024
A. The Commission
				 and/or any subcommittee appointed under these Rules shall investigate the
				 fitness and qualifications of each applicant utilizing all sources reasonably
				 available within the time permitted by the Statute. In addition, the Commission
				 may invite any applicant to appear before a quorum of the Commission sitting as
				 a whole to respond to questions deemed pertinent to each applicant's fitness
				 and qualifications to hold the judicial office. All applicants and other
				 information received from or concerning applicants and all interviews and
				 proceedings of the Commission, except for deliberations by the Commission,
				 shall be open to the public to the extent required by the Rhode Island Open
				 Meetings Law, R.I. Gen. Laws Chapter 42-46; the Open Records Law, R.I. Gen.
				 Laws Chapter 38-2; and R.I. Gen. Laws §§
										42-46-3 and
				  38-2-3.
B. The Commission shall, in
				 closed session, select by affirmative vote of at least three (3) Commissioners,
				 those applicants whom the Commission will ask to be interviewed. The Commission
				 shall then provide notice to the public of the list of candidates to be
				 interviewed and shall convene a public meeting to afford an opportunity to
				 members of the public to comment on the list of candidates. Public comments
				 shall be considered by the Commission in its review and deliberation as to the
				 qualification of candidates. Thereafter, the Commission shall convene a public
				 meeting for the purpose of interviewing the candidates. Interviews shall be
				 conducted in open session. Those portions of an interview in which confidential
				 information would be discussed may be held in closed session at the discretion
				 of the Commission or at the request of the interviewee.
C. The Commission shall also require
				 financial disclosure from the applicant to include complete Federal and State
				 income tax returns for the last three (3) years, including all Schedules, and a
				 current financial statement.
D. Any
				 material omissions or incomplete applications, including without being limited
				 to financial information, shall result in rejection of the applicant at the
				 discretion of the Commission.
Rhode Island Code of Regulations › Title 545 - Judicial Nominating Commission › Chapter 10 - General Provisions › Subchapter 00 - N/A › Part 1 - Uniform Rules of Procedures (545-RICR-10-00-1) › Section 545-RICR-10-00-1.4 - Standards and Qualifications: Criteria

Current through June 14, 2024
A. No nominee shall
				 be recommended to the Governor for appointment unless the Commission finds that
				 the nominee meets all constitutional and statutory requirements and is fit for
				 appointment to the particular judicial office after full and careful
				 consideration which shall include, but not necessarily be limited to the
				 following criteria:
1. Personal Attributes
a. Personal integrity
b. Standing in the community
c. Moral conduct
d. Commitment to equal justice under
				 law
Rhode Island Code of Regulations › Title 545 - Judicial Nominating Commission › Chapter 10 - General Provisions › Subchapter 00 - N/A › Part 1 - Uniform Rules of Procedures (545-RICR-10-00-1) › Section 545-RICR-10-00-1.6 - Publication of Names of Nominees

Current through June 14, 2024
The Chairperson of the Commission shall make public the
					 names of all persons recommended to the Governor to fill any judicial vacancy m
					 alphabetical order without indicating any preferences of the
					 Commission.
Rhode Island Code of Regulations › Title 545 - Judicial Nominating Commission › Chapter 10 - General Provisions › Subchapter 00 - N/A › Part 1 - Uniform Rules of Procedures (545-RICR-10-00-1) › Section 545-RICR-10-00-1.7 - Ethical Responsibilities

Current through June 14, 2024
A. Judicial
				 Nominating Commissioners hold positions of public trust. Public confidence in
				 Commission members and the composition of the Commission itself is paramount.
				 Any factors which might erode such public confidence, or be perceived to do so,
				 shall be avoided. No Commissioner shall conduct himself in a manner which
				 reflects discredit upon the judicial selection process. Consideration of the
				 applicants shall be made impartially, discreetly, and objectively.
B. A Commissioner shall disclose to other
				 Commissioners all personal and business relationships with an applicant for
				 judicial vacancy that may directly or indirectly influence the Commissioner ' s
				 decision. If a substantial conflict of interest is apparent, the Commissioner
				 shall disqualify himself from voting on further consideration of any affected
				 applicant.
C. The Commission shall
				 not rank nominees or otherwise disclose a preference of the
				 Commission.
D. Each Commissioner
				 shall read and maintain a working knowledge of these Rules.
Rhode Island Code of Regulations › Title 545 - Judicial Nominating Commission › Chapter 10 - General Provisions › Subchapter 00 - N/A › Part 1 - Uniform Rules of Procedures (545-RICR-10-00-1) › Section 545-RICR-10-00-1.8 - Responsibilities of the Chairperson

Current through June 14, 2024
The Governor shall designate the Chairperson of the
					 Judicial Nominating Commission in accordance with the Statute, who shall serve
					 a four (4) year term. The Chairperson shall be entitled to vote in all matters.
					 Said Chairperson shall cause to be kept a permanent written record of the
					 minutes of all meetings of the Commission and all policies and procedures
					 adopted by the Commission during his or her term. At the conclusion of his or
					 her term, the outgoing Chairperson shall tum over to the newly appointed
					 Chairperson all minutes of the meetings and written records of adopted policies
					 and procedures. The Commission may adopt such additional operating rules, forms
					 and notices as it may from time to time deem
					 necessary.
Rhode Island Code of Regulations › Title 545 - Judicial Nominating Commission › Chapter 10 - General Provisions › Subchapter 00 - N/A › Part 1 - Uniform Rules of Procedures (545-RICR-10-00-1) › Section 545-RICR-10-00-1.9 - Amendments

Current through June 14, 2024
A. These Rules may be amended by majority
				 vote of the Judicial Nominating Commission.
B. This regulation was adopted at a meeting
				 of the Judicial Nominating Commission held on the 8th day of December, 2014
				 pursuant to the Administrative Procedures Act (R.I. Gen. Laws §
										42-35-1.
				 et seq.)
Rhode Island Code of Regulations › Title 550 - State Traffic Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations Rules Governing the State Traffic Commission (550-RICR-00-00-1) › Section 550-RICR-00-00-1.1 - Authority

Current through June 14, 2024
These Rules of Practice and Procedure are promulgated
					 pursuant to R.I. Gen. Laws Chapters 31-12 through
					 31-27.
Rhode Island Code of Regulations › Title 550 - State Traffic Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations Rules Governing the State Traffic Commission (550-RICR-00-00-1) › Section 550-RICR-00-00-1.2 - Purpose

Current through June 14, 2024
The purpose of these Rules of Practice and Procedure is to
					 describe the State Traffic Commission, the nature and requirements of all
					 formal and informal procedures of the State Traffic Commission, and all forms
					 and instructions used by the State Traffic
					 Commission.
Rhode Island Code of Regulations › Title 550 - State Traffic Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations Rules Governing the State Traffic Commission (550-RICR-00-00-1) › Section 550-RICR-00-00-1.3 - Incorporated Materials

Current through June 14, 2024
These regulations hereby adopt and incorporate Manual on
					 Uniform Traffic Control Devices for Streets and Highways (MUTCD),  23 C.F.R. §
											655  subpart F (2009) by reference, not including any further editions or
					 amendments thereof and only to the extent that the provisions therein are not
					 inconsistent with these regulations.
Rhode Island Code of Regulations › Title 550 - State Traffic Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations Rules Governing the State Traffic Commission (550-RICR-00-00-1) › Section 550-RICR-00-00-1.4 - Duties

Current through June 14, 2024
A. The State Traffic Commission is charged
				 with the following responsibilities:
1. The
				 State Traffic Commission has adopted the Manual on Uniform Traffic Control
				 Devices (MUTCD), incorporated above in §
											1.3     of this Part, as its manual
				 of regulations and specifications establishing a uniform system of traffic
				 control within the State of Rhode Island. The MUTCD is the official publication
				 of the Federal Highway Administration that contains all national design,
				 application, and placement standards for traffic control devices.
Rhode Island Code of Regulations › Title 550 - State Traffic Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations Rules Governing the State Traffic Commission (550-RICR-00-00-1) › Section 550-RICR-00-00-1.5 - Procedures

Current through June 14, 2024
A. Requests Concerning Traffic Regulations
				 and/or Traffic Control Devices upon State Highways - The State Traffic
				 Commission acts upon requests for installation and/or removal of traffic
				 control devices, defined as all signs, signals, markings, and other devices
				 used to regulate, warn, or guide traffic, placed on, over, or adjacent to a
				 state highway.
1. The following public
				 officials or entities may initiate requests concerning traffic regulations
				 and/or traffic control devices upon state highways:
a. Rhode Island municipal officials and
				 police departments;
b. The
				 Department of State Police;
c. Any
				 member of the Rhode Island General Assembly;
d. Any member of the Rhode Island delegation
				 to the United States Congress; and
e. The Director of the Department of
				 Transportation.
Rhode Island Code of Regulations › Title 555 - Vehicle Value Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Methodology For Determining the Presumptive Value of Motor Vehicles Subject To Excise Tax of December 31, 2021. › Section 555-RICR-00-00-1.1 - Purpose

Current through June 14, 2024
The purpose of the methodology is to determine the value of motor vehicles using information concerning the make, model, type and year of manufacture to be used in the determination of the excise taxes of December 31, 2021 assessed by each of the cities and towns in Rhode Island.
Rhode Island Code of Regulations › Title 555 - Vehicle Value Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Methodology For Determining the Presumptive Value of Motor Vehicles Subject To Excise Tax of December 31, 2021. › Section 555-RICR-00-00-1.2 - Authority

Current through June 14, 2024
R.I. Gen. Laws §
										44-34-11(c)(1)  directs the Rhode Island Vehicle Value Commission to adopt by Rule a methodology for determining the presumptive value of motor vehicles subject to the excise tax.
Rhode Island Code of Regulations › Title 555 - Vehicle Value Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Methodology For Determining the Presumptive Value of Motor Vehicles Subject To Excise Tax of December 31, 2021. › Section 555-RICR-00-00-1.3 - Methodology

Current through June 14, 2024
A. All motor vehicles identified as the 2022 model year shall be valued based upon one hundred percent (100%) of the manufacturer's suggested retail price as reflected in official motor vehicle guides such as that of the National Automobile Dealers Association (NADA) for New England.
B. All motor vehicles identified as 2015 model year up to and including the 2021 model year shall be valued based upon one hundred percent (100%) of their clean retail value as reported by the National Automobile Dealers Association (NADA) official used car guides.
C. All Motor vehicles identified as 2008 model year up to and including the 2014 model year shall be valued based upon one hundred percent (100%) of their clean retail value as reported by the National Automobile Dealers Association (NADA) Official Older Used Car Guide and one hundred percent (100%) of their low value as reported by the National Automobile Dealers Association (NADA) Classic, Collectible, Exotic and Muscle Car Appraisal Guide to be published in January 2022. In the event of a conflict between the two (2) guides above, the former shall prevail.
D. All motor vehicles identified as the 2007 model year and older, whether or not the vehicle is an antique motor car as defined in R.I. Gen. Laws § 31 - 1-3(a) shall be deemed to possess an average retail value of five hundred dollars ($500.00).
E. All motor vehicles identified as the 2008 model year up to and including the 2021 model year that are classified as exotics, classic and/or collectible shall be valued based upon one hundred percent (100%) of their low retail value reported by the National Automobile Dealers Association (NADA) Classic, Collectible, Exotic and Muscle Car Appraisal Guide to be published in January 2022.
F. All motor vehicles identified as the 2008 model year up to and including the 2021 model year that are classified as recreation vehicles shall be valued based upon one hundred percent (100%) of their used retail value as reported by the National Automobile Dealers Association (NADA) Recreation Vehicle Appraisal guide to be published in January 2022.
G. All motorcycles identified as 2008 model year up to and including the 2021 model year shall be valued based upon their average retail value as reported by the National Automobile Dealers Association (NADA) Motorcycle/Snowmobile/ATV/Personal Watercraft Appraisal Guide to be published in January of 2022.
H. Those communities whose fiscal years are other than July 1 to June 30, may for the purpose of complying with R.I. Gen. Laws §
										44-34.1-1, Excise Tax Phase Out, use the methodology adopted by the Rhode Island Vehicle Value Commission Rule 2020.
Rhode Island Code of Regulations › Title 555 - Vehicle Value Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Methodology For Determining the Presumptive Value of Motor Vehicles Subject To Excise Tax of December 31, 2021. › Section 555-RICR-00-00-1.4 - Ratios of Assessment

Current through June 14, 2024
Pursuant to R.I. Gen. Laws §
										44-34-11(c)(1)(iii), all presumptive values as described in §§
										1.3(A) through (G)     of this Part are to be adjusted by the applicable ratio of assessment as provided therein.
Rhode Island Code of Regulations › Title 555 - Vehicle Value Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Methodology For Determining the Presumptive Value of Motor Vehicles Subject To Excise Tax of December 31, 2021. › Section 555-RICR-00-00-1.5 - Severability

Current through June 14, 2024
If any section, term, or provision of this Regulation should be adjudged invalid for any reason, that judgment should not affect, impair, or invalidate any remaining sections, terms or provisions, which shall remain in full force and effect.
Rhode Island Code of Regulations › Title 600 - State Properties Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the State Properties Committee (600-RICR-00-00-1) › Section 600-RICR-00-00-1.2 - ACQUISITION OF LAND, SPACE, OR OTHER REAL PROPERTY BY LEASE

Current through June 14, 2024
No agency shall become a lessee of land, space or other real property unless said action is approved by the Committee.
1.2.1
Assessment of Need and Survey of Available and Suitable State Property
A. The agency must prepare a needs statement setting forth in writing all factors relevant to its assessment, including but not limited to:
1. The amount of land, space and/or other real property necessary;
2. The level of finish desired for any interior space;
3. Location requirements;
4. Utility needs or requirements; and
5. Any special needs or requirements.
Rhode Island Code of Regulations › Title 600 - State Properties Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the State Properties Committee (600-RICR-00-00-1) › Section 600-RICR-00-00-1.3 - ACQUISITION OF LAND OR OTHER REAL PROPERTY INTEREST BY PURCHASE, GIFT, DEVISE, OR CONDEMNATION

Current through June 14, 2024
No agency shall acquire land, or other real property interest in the name of the State by purchase, gift, devise, or condemnation unless said action is approved by the Committee.
1.3.1
Valuation of Land
A. The agency shall perform a real estate valuation for property interests proposed to be acquired in accordance with the following.
1. For all proposed acquisitions, except acquisitions by gift or devise or by transfer from a governmental entity, the agency shall obtain a real estate appraisal of the land or other real property interest to be acquired by the State. The appraisal shall be prepared by an appraiser who is certified by the State in accordance with R.I. Gen. Laws §
												5-20.7-1 et seq. Upon request by the Committee, the agency shall obtain an appraisal to be conducted by an appraiser who is not an employee of the agency.
2. For all proposed acquisitions by gift or devise or by transfer from a governmental entity, the agency shall provide the Committee with an estimate of value determined by a current municipal tax assessment or other documentation satisfactory to the Committee.
3. Upon request by the agency, the Committee may waive or loosen the appraisal requirements if it is in the best interest of the State.
Rhode Island Code of Regulations › Title 600 - State Properties Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the State Properties Committee (600-RICR-00-00-1) › Section 600-RICR-00-00-1.5 - LICENSE TO USE STATE-OWNED LAND, SPACE, OR OTHER REAL PROPERTY BY LICENSE

Current through June 14, 2024
No agency shall grant a license for the use of land, space, or other real property unless said action is approved by the Committee.
1.5.1
Notice to the Rhode Island Commerce Corporation
A. To satisfy the requirements of R.I. Gen. Laws §
											37-6-6, and subject to § 1.5.1(B) of this Part, the agency shall give written notice to the Commerce Corporation of its intent to license land, space, or other real property and shall afford the Commerce Corporation with not less than seven (7) business days from the date of the notice to reply. The Commerce Corporation may provide the agency with a recommendation or it may request additional time to conduct a study and/or make a recommendation. If the Commerce Corporation fails to reply to the agency within seven (7) business days or other due date as determined by the agency, it shall constitute a waiver of the Commerce Corporation's opportunity to provide a recommendation on the proposed action.
B. The agency is not required to give notice the Commerce Corporation for licenses terminable by will.
Rhode Island Code of Regulations › Title 600 - State Properties Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the State Properties Committee (600-RICR-00-00-1) › Section 600-RICR-00-00-1.7 - CONVEYANCE OF STATE-OWNED LAND OR OTHER REAL PROPERTY BY SALE OR GIFT

Current through June 14, 2024
No agency shall convey any State-owned land or other real property until said conveyance is approved by the Committee.
1.7.1
Valuation of Land
A. The agency shall perform a real estate valuation for property interests proposed to be conveyed in accordance with the following.
1. For all proposed conveyances, the agency shall obtain a real estate appraisal of the land or other real property interest to be disposed of by the State. The appraisal shall be prepared by an appraiser who is certified by the State in accordance with R.I. Gen. Laws §
												5-20.7-1 et seq. Upon request by the Committee, the agency shall obtain an appraisal to be conducted by an appraiser who is not an employee of the agency.
2. Upon request by the agency, the Committee may waive or loosen the appraisal requirements if it is in the best interest of the State.
Rhode Island Code of Regulations › Title 600 - State Properties Committee › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the State Properties Committee (600-RICR-00-00-1) › Section 600-RICR-00-00-1.8 - TRANSFER OF CUSTODY, CONTROL, AND SUPERVISION OF LAND OR OTHER REAL PROPERTY BETWEEN STATE AGENCIES

Current through June 14, 2024
A. Prior to, and in accordance with R.I. Gen. Laws §
										37-7-6, any agency requesting that the Governor execute a certificate transferring custody, control, and supervision of land or other real property to another entity of State government, the agency who has custody of the land or other real property shall request the Committee's evaluation by submitting the following:
1. A written request for the Committee's evaluation and recommendation;
2. Aerial photographs, dimensional site maps, locus maps, and/or other documentation that clearly displays the size, location, and condition of the subject property;
3. An explanation of the purpose of the transfer; and
4. An open space and natural resources values evaluation consistent with "Rules and Regulations Governing the Preservation and Protection of State Open Space" or other such rules as promulgated by the Department of Environmental Management in furtherance of the Preservation of State Open Space Act as set forth in R.I. Gen. Laws §
											42-17.9-1 et seq.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 1 - Management Procedures › Section 650-RICR-10-00-1.1 - Definitions

Current through June 14, 2024
A. "Agency" means and includes boards,
				  commissions, departments or officers thereof other than the legislature or the
				  courts authorized by law to make Rules, determine contested cases or issue
				  permits.
B. "Contested case" means
				  a proceeding in which the legal rights, duties or privileges of a specific
				  party are required to be determined by the Council after an opportunity for
				  hearing. A proceeding before the Council shall be considered contested when a
				  substantive formal written objection and/or request for hearing is received by
				  the Council from any interested party. Further, a proceeding shall be
				  considered contested upon request for hearing by any four (4) members of the
				  Council.
C. "License" means and
				  includes the whole or part of any agency permit, certificate, approval,
				  registration, charter or similar form of permission required by law, but it
				  does not include a license required solely for revenue purposes.
D. "Licensing" means and includes the agency
				  process respecting the grant, denial, renewal, renovation, suspension,
				  annulment, withdrawal or amendment of a license. Any person wishing to change
				  the use where an Assent or license was granted must apply to the Council for
				  change of the use. If the use is changed without application to the Council,
				  the Assent or license becomes null and void.
E. "Parties" means a person, agency or
				  organization is a party to a proceeding before the Council if:
1. The person is entitled to the status of a
				  party under R.I. Gen. Laws §
											42-35-1 or any other provision of law;
				  or
2. Upon application for leave to
				  intervene, the person is allowed to do so by the Council on the ground that:
a. Such applicant is entitled by law to the
				  status of a party; or
b. Such
				  applicant could have been a complainant in such proceedings; or
c. Such applicant has a complaint or a
				  defense which has question of law or fact in common with the main
				  proceeding.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 1 - Management Procedures › Section 650-RICR-10-00-1.2 - Meetings and Members

Current through June 14, 2024
A. The regular
				  meeting schedule, unless changed by the Chairman or the Vice Chairman, shall
				  consist of the second (2nd) and fourth (4th) Tuesday of the months of September
				  through June and only the fourth (4th) Tuesday in July and August.
B. A quorum consists of six (6)
				  members.
C. A majority vote shall
				  be a majority of those present and voting. If a Council member wishes to
				  abstain, Council member shall announce the abstention prior to a hearing and
				  vote on the matter. An abstention shall not be counted as a vote in the tally,
				  but shall be counted for the purposes of maintaining a quorum.
D. The Council may have closed meetings. Such
				  meetings shall be in accordance with the exceptions to the Open Meeting Law as
				  set out in Rhode Island General Laws Chapter 42-46, as amended.
E. All meetings of the Council shall be open
				  to the public except as set out in §
										1.2(D)   of this Part above and the
				  public shall have a reasonable opportunity to be heard.
F. In any twelve (12) month period, when a
				  Council member has three (3) unnoticed non-appearances at full Council
				  meetings, the Chairman is authorized to contact said members appointing
				  authorities to request appointment of an active member.
G. Prior to serving on the Council all
				  members shall complete a training program developed by the agency staff. As a
				  condition of continuing to serve on the Council, members must routinely attend
				  and serve on a subcommittee and attend training.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 1 - Management Procedures › Section 650-RICR-10-00-1.3 - Subcommittees

Current through June 14, 2024
A. The Chairman of the Council shall
				  establish standing Subcommittees with varying functions as approved by the
				  Council. In the absence of the Chairman, the Vice Chairman may establish these
				  Subcommittees.
B. Additionally, the
				  Chairman in his/her discretion may appoint standing Special Area Management
				  Plan (SAMP) Subcommittees to hear contested cases resulting from the
				  implementation of the Council's Special Area Management Plans. However, in
				  appropriate circumstances, contested cases may be heard by the full CRMC, or
ad hoc
Subcommittees, as determined by the Chairman. The
				  Chairman and Vice Chairman shall sit
ex officio
on all
				  Subcommittees.
C. Hearing
				  Subcommittees shall consist of all Council members who attend the initial
				  Subcommittee meeting and all subsequent meetings of Subcommittee.
D. Only those Subcommittee members who have
				  attended all meetings of the Subcommittee may vote on the Subcommittee
				  recommendation.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 1 - Management Procedures › Section 650-RICR-10-00-1.4 - Application for Council Permits

Current through June 14, 2024
1.4.1
Proposed Actions Requiring a Council Permit
A. All developments or operations within,
				  above or beneath the tidal waters below the mean high water mark extending out
				  to the extent of the State's jurisdiction in the territorial sea, and those
				  occurring on coastal features or within all directly associated contiguous
				  areas which are necessary to preserve the integrity of coastal resources, any
				  portion of which extends onto the most inland shoreline feature of its two
				  hundred foot (200') contiguous area, or as otherwise set out in the Coastal
				  Resources Management Program, require a Council Assent. (See the definition of
				  development in Part 20-00-1 of this Title)
B. The design, location, construction
				  alterations(s), or operation of:
1. Power
				  generating and desalination plants;
2. Chemical or petroleum processing, transfer
				  or storage;
3. Minerals
				  extraction;
4. Sewage treatment and
				  disposal and solid waste disposal facilities whether residential, municipal or
				  industrial;
5. Shoreline protection
				  facilities and activities occurring on shoreline physiographical features and
				  all directly associated contiguous areas which are necessary to preserve the
				  integrity of such facility and/or features;
6. Alterations to, or activities occurring on
				  coastal wetlands and all directly associated contiguous areas which are
				  necessary to preserve the integrity of such wetland.
C. Where the Council finds a reasonable
				  probability or conflict with adopted Regulations of this Title or damage to the
				  coastal environment.
D. All
				  developments or operations which may alter the character of any freshwater
				  wetland in the vicinity of the coast.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 1 - Management Procedures › Section 650-RICR-10-00-1.6 - Practice Before the Council

Current through June 14, 2024
A. Any person may
				  appear before the Council in his own behalf. Any person or party who has an
				  interest in any matter before the Council may appoint an attorney to represent
				  him before the Council.
B. In order
				  to represent a person or party before the Council, an attorney must comply with
				  § 1.5.1 of this Part.
C. In
				  extraordinary circumstances, the Council may allow an immediate family member
				  to speak on behalf of the applicant, but this shall be in the sole discretion
				  of the Chairman.
D. All persons
				  appearing in proceedings before the Council in a representative capacity shall
				  conform to the standards of conduct required of attorneys before the courts of
				  Rhode Island. If any such person does not conform to such standards, the
				  Council may decline to permit such person to appear in a representative
				  capacity in any proceedings before the Council.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 1 - Management Procedures › Section 650-RICR-10-00-1.7 - Preliminary Investigations

Current through June 14, 2024
A. Whenever
				  authorized by law, the Council may conduct preliminary investigations into
				  matters under its jurisdiction.
B.
				  Whenever a member of the staff or a Coastal Resources Management Council Member
				  witnesses a violation of the CRMC Plan or Assent, that individual is hereby
				  authorized to issue a warning to the person violating the Plan on a form
				  approved by the CRMC and a report of that warning shall be delivered by the
				  staff or Council member to the Executive Director upon issuance.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 1 - Management Procedures › Section 650-RICR-10-00-1.8 - Final Decisions of the Council

Current through June 14, 2024
A. Final decisions
				  or orders adverse to a party in a contested case shall be in writing and made
				  part of the record. The final decisions shall include findings of fact and
				  conclusions of law separately stated. Final decisions or orders adverse to a
				  party in a contested case may be signed by the Chairman, Vice Chairman, or the
				  Executive Director.
B. Findings of
				  Fact. If set forth, the statutory language shall be accompanied by a concise
				  and explicit statement of the underlying facts supporting the findings. These
				  facts shall be based exclusively upon the record and matters officially
				  noticed. The parties and their attorneys of record shall be notified of the
				  decision of the Council. The City or Town Clerk and the local building official
				  of the community of which the Assent is granted shall be sent a copy of the
				  Assent or its denial.
1. The Council shall
				  consider the written recommendations of agency staff in making a final
				  decision, in addition to any new evidence or sworn testimony offered at the
				  meeting in which each case is heard.
2. The Council shall make written express
				  findings of fact and conclusions of law, separately stated, on each case. If
				  the Council does not follow the recommendation of the agency staff, then it
				  must specifically set forth the reasons therefore.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 1 - Management Procedures › Section 650-RICR-10-00-1.9 - Service of Process

Current through June 14, 2024
A. Service. The
				  Council shall cause to be served all orders, notices and other papers issued by
				  it, together with any other papers which it is required by law to serve. Every
				  other paper shall be served or caused to be served by the party
				  filing.
B. By Whom Served. All
				  papers served by either the Council or any party shall be served upon all
				  representatives of record at the time of such filing and upon parties not
				  represented by counsel or upon their agents designated by them or by
				  law.
C. Service upon Parties. The
				  final order, and any other paper required to be served by the agency upon a
				  party, shall be served upon such party or upon the agent designated by them or
				  by law to receive service of such papers, and a copy shall be furnished to
				  representatives of record.
D.
				  Method of Service. Service of papers shall be made personally or, unless
				  otherwise provided by law, by first class registered or certified mail, or
				  telegraph.
E. When Service
				  Complete. Service upon parties shall be regarded as complete: by mail, upon
				  deposit in the United States mail properly stamped and addressed; by telegraph,
				  when deposited with a telegraph company properly addressed, and with charges
				  prepaid.
F. Filing with Council.
				  Papers required to be filed with the Council shall be deemed filed upon actual
				  receipt by the Council at the Council's office.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 1 - Management Procedures › Section 650-RICR-10-00-1.10 - Agendas and Staff Reports

Current through June 14, 2024
A. At bi-monthly
				  meetings, staff reports shall be submitted to Council members prior to the
				  meeting scheduled to consider that staff report and it shall be contained in
				  the agenda.
B. Agenda for the
				  bi-monthly meeting shall be delivered to Council members ninety-six (96) hours
				  prior to the meeting.
C. Contested
				  hearing subcommittee agendas and staff reports shall be delivered to
				  subcommittee members ninety-six (96) hours prior to the hearing.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 1 - Management Procedures › Section 650-RICR-10-00-1.12 - Declaratory Rulings

Current through June 14, 2024
A. Petitions
1. As prescribed by R.I. Gen. Laws §
											42-35-8, as amended, any interested person may petition the Council for a
				  declaratory ruling. The Council on its own initiative by a majority vote may
				  conduct an inquiry regarding any matter properly subject for a declaratory
				  ruling. Once a petition is filed, or the Council, by its own accord, may
				  initiate any investigations, staff review or comments, or seek a legal opinion
				  if it deems necessary. All petitions for declaratory rulings must comply with
				  the Pleadings provisions of these management procedures and must set forth in a
				  legal memoranda, with particularity, all relevant facts, issues, and case
				  law.
2. Thereafter, at the
				  discretion of the Council, the Council may:
a.
				  Issue a binding declaratory ruling; or
b. Issue a non-binding declaratory ruling;
				  or
c. Notify the petitioner and/or
				  interested parties of record that no declaratory ruling is to be
				  issued.
3. The Council's
				  decisions on declaratory ruling petitions shall be treated as final Council
				  actions or orders in contested cases for the purposes of judicial
				  review.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 1 - Management Procedures › Section 650-RICR-10-00-1.14 - Adoption of Management Policies

Current through June 14, 2024
A. Adoption of
				  Management Policies and rulemaking shall be in accordance with R.I. Gen. Laws
				  Chapter 42-35 and further in accordance with the Rules and Regulations and
				  procedures set forth herein.
B. In
				  addition to other rulemaking requirements imposed by law, the Council shall:
1. Adopt as a Rule a description of its
				  organization, stating the general course and method of its operations and the
				  methods whereby the public may obtain information or make submissions or
				  requests;
2. Adopt Rules of
				  practice, setting forth the nature and requirements of all formal and informal
				  procedures available and including a description of all forms and instructions
				  used by the agency;
3. Make
				  available for public inspection all Rules and all other written statements of
				  policy or interpretations formulated, adopted, or used by the agency in the
				  discharge of its functions;
4. Make
				  available for public inspection all final orders, decision and
				  opinions.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 1 - Management Procedures › Section 650-RICR-10-00-1.15 - Access to Public Records

Current through June 14, 2024
A. Purpose amp;
				  Authority
1. The Coastal Resources Management
				  Council is a public agency subject to the provisions of the Rhode Island Access
				  to Public Records Act (APRA), codified at R.I. Gen. Laws §
											38-2-1,
et seq
., and these Regulations are being adopted under the
				  authority of that Act. These Regulations are intended to help the public obtain
				  the information they request and to guide the Council staff as they comply with
				  requests.
Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 1 - Red Book › Section 650-RICR-20-00-1.1 - Authorities and Purpose, Definitions and Procedures

Current through June 14, 2024
1.1.1
Authority and Purpose
A. Pursuant to the federal Coastal Zone
				  Management Act of 1972 (16
				  U.S.C. §§
												1451 through
				  1466) and R.I. Gen. Laws Chapter
				  46-23 the Coastal Resources Management Council is authorized to develop and
				  adopt policies and regulations necessary to manage the coastal resources of the
				  state and to provide for the integration and coordination of the protection of
				  natural resources, the promotion of reasonable coastal-dependent economic
				  growth, and the improved protection of life and property from coastal hazards.
				  Further, the Council is authorized to collaborate with the state building
				  commissioner and adopt freeboard calculations (a factor of added safety above
				  the anticipated flood level) in accordance with R.I. Gen. Laws §
											23-27.3-100.1.5.5.
B. The regulations herein constitute the RICR
				  regulatory component of the Coastal Resources Management Program Red Book and
				  must be read in conjunction with the Red Book guidance document containing the
				  findings and other non-regulatory components for the full and proper context
				  that forms the basis and purpose of this Part. The Red Book guidance document
				  should be employed in interpreting R.I. Gen. Laws §
											46-23-1, et seq.