reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 70 - Sales and Use Tax › Part 57 - Television Service, Telegraph, Water, Gas, Electricity, and Steam (280-RICR-20-70-57) › Section 280-RICR-20-70-57.6 - Television Service, Telegraph, Water, Gas, Electricity, and Steam

Current through June 14, 2024
A. Sales of natural and artificial gas,
				 electricity, steam, water, and sales of telegraph, community antenna
				 television, cable and subscription television services are subject to sales tax
				 except in those cases wherein the purchaser is entitled to exemption as
				 specifically provided in the sales and use tax law.
B. Residential Premises -- Exemptions
1. Heating fuels of every type used in the
				 heating of homes and other residential premises.
2. Electricity, gas and water furnished for
				 domestic use by occupants of residential premises.
3. Such exemption does not apply to motels,
				 hotels, convalescent or nursing homes, or other commercial and industrial
				 users.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 70 - Sales and Use Tax › Part 57 - Television Service, Telegraph, Water, Gas, Electricity, and Steam (280-RICR-20-70-57) › Section 280-RICR-20-70-57.7 - Television Sets and Attachments

Current through June 14, 2024
A. Where the
				 retailer both sells the set and contracts to furnish and erect a standard
				 television antenna including transmission lines, accessories, masts and
				 supports, the tax applies to the sales price of the set, its appurtenances,
				 accessories and attachments. The actual labor and services of erecting the
				 antenna, attaching the supports, etc., if separately stated on the invoice are
				 not taxable. Note that in this situation the dealer is imposing the tax on all
				 the tangible personal property furnished and only the service charge in
				 connection with the erection is not taxable. If labor and service are not
				 separately stated, the tax applies to the total invoice.
B. Where the retailer contracts with an
				 independent contractor to install and erect the antenna, transmission lines,
				 etc., furnishing to that person all the necessary accessories, there is no tax
				 on the services so rendered provided that the accessories are billed to the
				 retailer's customer. On the other hand, if the independent contractor furnishes
				 the masts, antenna, supports, etc., the contractor is required to register and
				 collect the tax or take a resale certificate in lieu thereof from the retailer.
				 If the resale certificate is taken from the retailer because the retailer is
				 billing the customer for the masts, antenna, and supports, the retailer must
				 collect the tax from the customer.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 70 - Sales and Use Tax › Part 58 - Cancellation and Amendment of Sales Tax Permit or of a Certificate of Authority to Collect the Use Tax (280-RICR-20-70-58) › Section 280-RICR-20-70-58.1 - Purpose

Current through June 14, 2024
This regulation implements R.I. Gen. Laws Chapter 44-18.
					 This regulation provides for the cancellation and amendment of a sales tax
					 permit or of a certificate of authority to collect the use tax.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 70 - Sales and Use Tax › Part 58 - Cancellation and Amendment of Sales Tax Permit or of a Certificate of Authority to Collect the Use Tax (280-RICR-20-70-58) › Section 280-RICR-20-70-58.2 - Authority

Current through June 14, 2024
This regulation is promulgated pursuant to R.I. Gen. Laws
					 Chapter 44-18, R.I. Gen. Laws §§
										44-1-4,
					  44-18-1 and
					  44-19-33.
					 Additionally these regulations have been prepared in accordance with the
					 requirements of R.I. Gen. Laws Chapter 42-35 - Rhode Island Administrative
					 Procedures Act.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 70 - Sales and Use Tax › Part 58 - Cancellation and Amendment of Sales Tax Permit or of a Certificate of Authority to Collect the Use Tax (280-RICR-20-70-58) › Section 280-RICR-20-70-58.3 - Application

Current through June 14, 2024
The terms and provisions of these rules and regulations
					 shall be liberally construed to permit the Department of Revenue to effectuate
					 the purposes of R.I. Gen. Laws Chapter 44-18 and other applicable state laws
					 and regulations.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 70 - Sales and Use Tax › Part 58 - Cancellation and Amendment of Sales Tax Permit or of a Certificate of Authority to Collect the Use Tax (280-RICR-20-70-58) › Section 280-RICR-20-70-58.4 - 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 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 70 - Sales and Use Tax › Part 58 - Cancellation and Amendment of Sales Tax Permit or of a Certificate of Authority to Collect the Use Tax (280-RICR-20-70-58) › Section 280-RICR-20-70-58.5 - Cancellation or Surrender of the Original Permit or Certificate of Authority

Current through June 14, 2024
A. The original permit or certificate of
				 authority will be cancelled and must be surrendered in the following cases:
1. When a business is discontinued.
2. When a business is transferred to new
				 owners or leased.
3. When an
				 unincorporated business is changed to a partnership, or when a partnership
				 changes members.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 70 - Sales and Use Tax › Part 59 - Qualifying Research and Development Firms (280-RICR-20-70-59) › Section 280-RICR-20-70-59.1 - Purpose

Current through June 14, 2024
This regulation implements R.I. Gen. Laws Chapter 44-18.
					 This regulation provides for exemption from sales tax for qualifying research
					 and development firms' equipment.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 70 - Sales and Use Tax › Part 59 - Qualifying Research and Development Firms (280-RICR-20-70-59) › Section 280-RICR-20-70-59.2 - Authority

Current through June 14, 2024
This regulation is promulgated pursuant to R.I. Gen. Laws
					 Chapter 44-18, R.I. Gen. Laws §§
										44-1-4,
					  44-18-1 and
					  44-19-33.
					 Additionally these regulations have been prepared in accordance with the
					 requirements of R.I. Gen. Laws Chapter 42-35 - Rhode Island Administrative
					 Procedures Act.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 70 - Sales and Use Tax › Part 59 - Qualifying Research and Development Firms (280-RICR-20-70-59) › Section 280-RICR-20-70-59.3 - Application

Current through June 14, 2024
The terms and provisions of these rules and regulations
					 shall be liberally construed to permit the Department of Revenue to effectuate
					 the purposes of R.I. Gen. Laws §
										44-18-1 and other applicable state laws and regulations.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 70 - Sales and Use Tax › Part 59 - Qualifying Research and Development Firms (280-RICR-20-70-59) › Section 280-RICR-20-70-59.4 - 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 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 70 - Sales and Use Tax › Part 59 - Qualifying Research and Development Firms (280-RICR-20-70-59) › Section 280-RICR-20-70-59.5 - Definitions

Current through June 14, 2024
A. "Qualifying firm" means a business for
				 which the use of research and development equipment is an integral part of its
				 operations.
B. "Equipment" means
				 scientific equipment, computers, software and related items.
C. "Research and development" means
				 experimental or laboratory activity that has as its ultimate goals the
				 development of new products, the improvement of existing products, the
				 development of new uses for existing products or the development or improvement
				 of methods for producing products. Research and development does not include
				 testing or inspection of materials or products for quality control purposes,
				 efficiency surveys, management studies, consumer surveys or other market
				 research, advertising or promotional activities, or research in connection with
				 literary, historical or similar projects.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 70 - Sales and Use Tax › Part 59 - Qualifying Research and Development Firms (280-RICR-20-70-59) › Section 280-RICR-20-70-59.6 - Exemption/Burden of Proof

Current through June 14, 2024
A. The Rhode Island
				 sales and use tax law provides an exemption from the sale, storage, use or
				 other consumption of equipment to the extent used for research and development
				 by a qualifying firm.
B. A taxpayer
				 seeking exemption must establish by its records the extent to which the
				 equipment for which it seeks exemption is used in research and
				 development.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 70 - Sales and Use Tax › Part 59 - Qualifying Research and Development Firms (280-RICR-20-70-59) › Section 280-RICR-20-70-59.7 - Certificate

Current through June 14, 2024
A. A qualifying firm may purchase equipment
				 for the purpose of being used for research and development tax free by
				 furnishing its suppliers with a research and development exemption certificate
				 in the format attached. Provided, however;
1.
				 If the equipment purchased partially qualifies for exemption and the qualifying
				 firm knows the extent of the partial exemption, the qualifying firm shall give
				 the vendor a Research and Development Exemption Certificate and file a use tax
				 return with the Division of Taxation and pay a use tax based on the percentage
				 of the nonexempt use of the equipment, or
2. If the equipment purchased partially
				 qualifies for exemption and the qualifying firm does not know the extent of the
				 partial exemption, it shall give the vendor a Research and
				 Development
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 70 - Sales and Use Tax › Part 60 - Refundable Deposit for Disposal of Used Batteries (280-RICR-20-70-60) › Section 280-RICR-20-70-60.1 - Purpose

Current through June 14, 2024
This regulation implements R.I. Gen. Laws Chapter 44-18.
					 This regulation provides for sales tax liability for the refundable deposit for
					 disposal of used batteries.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 70 - Sales and Use Tax › Part 60 - Refundable Deposit for Disposal of Used Batteries (280-RICR-20-70-60) › Section 280-RICR-20-70-60.2 - Authority

Current through June 14, 2024
This regulation is promulgated pursuant to R.I. Gen. Laws
					 Chapter 44-18, R.I. Gen. Laws §§
										44-1-4,
					  44-18-1 and
					  44-19-33.
					 Additionally these regulations have been prepared in accordance with the
					 requirements of R.I. Gen. Laws Chapter 42-35 - Rhode Island Administrative
					 Procedures Act.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 70 - Sales and Use Tax › Part 60 - Refundable Deposit for Disposal of Used Batteries (280-RICR-20-70-60) › Section 280-RICR-20-70-60.3 - Application

Current through June 14, 2024
The terms and provisions of these rules and regulations
					 shall be liberally construed to permit the Department of Revenue to effectuate
					 the purposes of R.I. Gen. Laws Chapter 44-18 and other applicable state laws
					 and regulations.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 70 - Sales and Use Tax › Part 60 - Refundable Deposit for Disposal of Used Batteries (280-RICR-20-70-60) › Section 280-RICR-20-70-60.4 - 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 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 70 - Sales and Use Tax › Part 60 - Refundable Deposit for Disposal of Used Batteries (280-RICR-20-70-60) › Section 280-RICR-20-70-60.5 - Refundable Deposit for Disposal of Used Batteries

Current through June 14, 2024
Refundable battery deposits collected by a retailer and
					 held in trust for the state in accordance with R.I. Gen. Laws §
										23-60-3 are not part of the selling price of an item sold and therefore are not subject
					 to the tax provided that such charge is separately stated on the
					 invoice.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 70 - Sales and Use Tax › Part 61 - Reports, Payments and Penalties (280-RICR-20-70-61) › Section 280-RICR-20-70-61.1 - Purpose

Current through June 14, 2024
This regulation implements R.I. Gen. Laws Chapter 44-18.
					 This regulation provides for reports, payments and penalties for taxpayers who
					 remit sales and use tax.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 70 - Sales and Use Tax › Part 61 - Reports, Payments and Penalties (280-RICR-20-70-61) › Section 280-RICR-20-70-61.2 - Authority

Current through June 14, 2024
This regulation is promulgated pursuant to R.I. Gen. Laws
					 Chapter 44-18, as amended, R.I. Gen. Laws §§
										44-1-4,
					  44-18-1 and
					  44-19-33.
					 Additionally these regulations have been prepared in accordance with the
					 requirements of R.I. Gen. Laws Chapter 42-35 - Rhode Island Administrative
					 Procedures Act.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 70 - Sales and Use Tax › Part 61 - Reports, Payments and Penalties (280-RICR-20-70-61) › Section 280-RICR-20-70-61.3 - Application

Current through June 14, 2024
The terms and provisions of these rules and regulations
					 shall be liberally construed to permit the Department of Revenue to effectuate
					 the purposes of R.I. Gen. Laws §
										44-18-1 and other applicable state laws and regulations.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 70 - Sales and Use Tax › Part 61 - Reports, Payments and Penalties (280-RICR-20-70-61) › Section 280-RICR-20-70-61.4 - 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 280 - Department of Revenue › Chapter 20 - Division of Taxation › Subchapter 70 - Sales and Use Tax › Part 61 - Reports, Payments and Penalties (280-RICR-20-70-61) › Section 280-RICR-20-70-61.5 - Reports, Payments and Penalties

Current through June 14, 2024
A. Monthly
				 reporting. Every retailer, except as noted below, shall file with the Tax
				 Administrator on or before the 20th day of each month, a report on forms to be
				 obtained from the Tax Division, covering sales for the previous calendar
				 month.
B. Quarterly reporting. Any
				 taxpayer, now required to file monthly returns under the Rhode Island Sales and
				 Use Tax Act, may apply to the Tax Administrator for permission to file a
				 quarterly return and remittance in lieu of a monthly return provided the
				 taxpayer qualifies. To qualify, filing records will have to substantiate the
				 fact that the taxpayer's sales and use tax liability, for the past six (6)
				 consecutive months immediately preceding the date of the application, has
				 averaged less than $200 per month. It should be clearly understood that
				 quarterly filing cannot be commenced until official permission from the Tax
				 Administrator is received in writing.
C. When the application for such quarterly
				 filing has been approved, the returns will be made on or before the last day of
				 July, October, January and April of each year for the preceding three (3)
				 months' period. However, there are certain conditions that could cause
				 revocation of the authorization by the Tax Administrator.
1. In the event that the taxpayer filing the
				 return on a quarterly basis becomes delinquent in either the filing of the
				 return or the payment of the taxes due thereon; or
2. In the event that the liability of a
				 taxpayer, who has been authorized to file returns and to make payments on a
				 quarterly basis, exceeds six hundred dollars ($600) in sales and use taxes for
				 any subsequent quarter, or
3. In
				 the event that the Tax Administrator determines that any such quarterly filing
				 or return any payment of tax due thereon would unduly jeopardize the proper
				 administration of the Rhode Island Sales and Use Tax Law the Tax Administrator
				 may, at any time, revoke such authorization.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 00 - GENERAL ADMINISTRATION › Part 1 - Rules of Practice and Procedure for the Division of Motor Vehicles › Section 280-RICR-30-00-1.1 - Scope and Authority

Current through June 14, 2024
1.1.1 Scope
These Rules and Regulations describe the administrative
					 practices and procedures of the Division of Motor Vehicles, established
					 pursuant to R.I. Gen. Laws §
											31-2-1 et seq . The Division of Motor Vehicles is a division of the Rhode Island
					 Department of Revenue, established pursuant to R.I. Gen. Laws §
											42-142-1 et
					 seq.
1.1.2 Authority
These Rules and Regulations are promulgated pursuant to
					 R.I. Gen. Laws §§
											42-35-2 and
					  31-2-4,
					 as amended.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 00 - GENERAL ADMINISTRATION › Part 1 - Rules of Practice and Procedure for the Division of Motor Vehicles › Section 280-RICR-30-00-1.2 - Definitions

Current through June 14, 2024
A. For the purposes of these Rules and
				 Regulations the following words and phrases shall have the following meanings,
				 unless another meaning is expressed or is clearly apparent from the language or
				 content:
1. "Act" means the Administrative
				 Procedures Act, R.I. Gen. Laws Chapter 42-35, as amended.
2. "Administrator" means the Administrator of
				 the Division of Motor Vehicles, as set forth in R.I. Gen. Laws §
											31-1-16(a).
3. "Contested case" means an adjudicatory
				 proceeding before a hearing officer of the Division of Motor Vehicles, wherein
				 the legal rights, duties or privileges of a party are determined.
4. "Department" means the Department of
				 Revenue, a department in the executive branch of state government that is
				 located at One Capitol Hill, Providence, Rhode Island 02908, or any successor
				 Department.
5. "Director" means the
				 Director of the Department of Revenue, or any successor Department.
6. "Division of Motor Vehicles" and
				 "Division" means the division that exists within the Department of Revenue,
				 pursuant to R.I. Gen. Laws §
											42-142-1 et
				 seq ., or any successor Department, as defined in R.I. Gen. Laws §
											31-1-16(b).
7. "DHS" means the U.S. Department of
				 Homeland Security.
8. "Hearing"
				 means any contested case that is brought before the Administrator of the
				 Division of Motor Vehicles.
9.
				 "Hearing officer" means the person authorized by law or duly designated by the
				 Director or Administrator to hear and conduct hearings and to recommend
				 decisions, or render final determinations in contested cases.
10. "INS" means the former Immigration and
				 Naturalization Service of the U.S. Department of Justice.
11. "Person" means any individual,
				 partnership, corporation, limited liability company, association, governmental
				 subdivision, public or private organization or any other entity however
				 formed.
12. "Regular business
				 hours" means the regular business hours of the Division of Motor
				 Vehicles.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 00 - GENERAL ADMINISTRATION › Part 1 - Rules of Practice and Procedure for the Division of Motor Vehicles › Section 280-RICR-30-00-1.3 - Rules of Practice - Generally

Current through June 14, 2024
This section governs procedures and practices regarding
					 contested matters before the Division of Motor Vehicles except those
					 specifically listed in §
										1.4     of this Part.
1.3.1 Appearances
A. No person may appear in a representative
				 capacity before the Division of Motor Vehicles other than attorneys at law duly
				 qualified and entitled to practice before the Supreme Court of the State of
				 Rhode Island and attorneys at law duly qualified and entitled to practice
				 before the highest court of record of any other state, if the attorneys at law
				 of the State of Rhode Island are permitted to appear in a representative
				 capacity before administrative agencies of such other state, and such other
				 persons as by law are expressly authorized to appear in representative
				 capacities, and if not otherwise prohibited by our state law. The Administrator
				 may, in his or her sole discretion, permit a bona fide officer, partner, or
				 full time employee of an individual firm, association, partnership, or
				 corporation to appear for such individual firm, association, partnership, or
				 corporation.
B. All persons
				 appearing in proceedings before the Division of Motor Vehicles in a
				 representative capacity shall conform to the standards of ethical conduct
				 required of attorneys before the courts of Rhode Island. If any such person
				 does not conform to these standards, that person may not be allowed to appear
				 in a representative capacity in any proceeding before the
				 Division.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 00 - GENERAL ADMINISTRATION › Part 1 - Rules of Practice and Procedure for the Division of Motor Vehicles › Section 280-RICR-30-00-1.5 - Severability

Current through June 14, 2024
If any provision of this Part or the application thereof to
					 any person or circumstances shall be held invalid, such invalidity shall not
					 affect the provisions or application of this Part which can be given effect,
					 and to this end the provisions of this Part are declared to be
					 severable.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 00 - GENERAL ADMINISTRATION › Part 2 - Access to Public Records Regulation › Section 280-RICR-30-00-2.1 - Purposes

Current through June 14, 2024
A. The Purposes of this Regulation are:
1. To establish a Regulation to implement
				 R.I. Gen. Laws §§
											38-2-1, et seq
				 . and
				 42-35-2(a)
				 relating to access to public records maintained by the Division;
2. To provide the public and Division
				 personnel with a Regulation which sets forth the rules and procedures
				 applicable to access to public records maintained by the Division.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 00 - GENERAL ADMINISTRATION › Part 2 - Access to Public Records Regulation › Section 280-RICR-30-00-2.2 - Authority

Current through June 14, 2024
This Regulation is promulgated pursuant to R.I. Gen. Laws
					 §§
										38-2-1, et seq
					 . ("Access to Public Records") and
					 42-35-2(a).
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 00 - GENERAL ADMINISTRATION › Part 2 - Access to Public Records Regulation › Section 280-RICR-30-00-2.3 - Application

Current through June 14, 2024
These rules and regulations shall be liberally construed to
					 permit the Division of Motor Vehicles to effectuate the purposes of R.I. Gen
					 Laws §§
										38-2-1, et seq
					 . and
					 42-35-2(a).
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 00 - GENERAL ADMINISTRATION › Part 2 - Access to Public Records Regulation › Section 280-RICR-30-00-2.4 - Severability

Current through June 14, 2024
If any provision of these rules and regulations, or the
					 application thereof to any person or circumstance, 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 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 00 - GENERAL ADMINISTRATION › Part 2 - Access to Public Records Regulation › Section 280-RICR-30-00-2.5 - Policy

Current through June 14, 2024
The Division recognizes both the public's right to access
					 public records and the individual's right to dignity and privacy. It is the
					 Division's policy to facilitate public access to all public records that may be
					 disclosed in accordance with R.I. Gen. Laws §
										38-2-1, et seq
					 . It is also the policy of the Division to make all public records in the
					 Division's possession available for public inspection and copying consistent
					 with applicable state or federal law, unless otherwise prohibited by a court of
					 competent jurisdiction.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 00 - GENERAL ADMINISTRATION › Part 2 - Access to Public Records Regulation › Section 280-RICR-30-00-2.6 - Procedure for Requesting Public Records

Current through June 14, 2024
A.
				 Except as provided in §
										2.7     of this Part, a written request to inspect or
				 copy public records should be sent to the Division of Motor Vehicles or, in the
				 alternative, to the Division of Legal Services at the Department of Revenue.
				 Written requests may be mailed, hand delivered, e-mailed or sent via facsimile.
				 Hand delivered requests may be made during the Division's regular business
				 hours. It is suggested, but not required, that requests be submitted on the
				 form provided by the Division, which is available at the Division or online at
http://www.dmv.ri.gov
. To assure
				 that the Division can respond to the request as efficiently and as completely
				 as possible, the request should identify and describe the records being
				 requested with as much specificity as possible. A written record of all
				 requests will be maintained within the Division of Motor Vehicles.
B. If the description of records being
				 requested is not sufficient to allow the Division to identify and locate the
				 requested records, the Division will notify the person requesting such records
				 that additional information is needed to properly respond to the
				 request.
C. Upon receipt of a
				 request for records, the Division will mark on the face of a written request
				 the date the request was received. The Division will permit the inspection or
				 copying of the requested records within ten (10) business days after receiving
				 the written request.
D. If the
				 inspection or copying is not permitted within ten (10) business days of
				 receipt, the Division shall forthwith explain in writing the need for
				 additional time to comply with the request. In such cases the Division may have
				 up to an additional twenty (20) business days to comply with the request if it
				 can demonstrate that the voluminous nature of the request, the number of
				 requests for records pending, or the difficulty in searching for and retrieving
				 or copying the requested records, is such that additional time is necessary to
				 avoid imposing an undue burden on the Division.
E. A written request is not required to be
				 submitted for public information available under R.I. Gen. Laws §
										42-35-2 or for other documents prepared for or readily available to the public such as:
1. rules and written statements of policy or
				 interpretations formulated, adopted, or used by the agency; or
2. final orders, decisions, and opinions F.
				 Non-written requests for public records are subject to the same timelines as
				 written requests. Reasonable time must be given to locate, copy and send the
				 requested records.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 00 - GENERAL ADMINISTRATION › Part 2 - Access to Public Records Regulation › Section 280-RICR-30-00-2.7 - Hours of Inspections

Current through June 14, 2024
When a request is made to inspect public records (as
					 opposed to obtain copies), the requester will be advised when the records are
					 available, and he/she can then make an appointment to inspect those documents
					 at the Division between the hours of 8:30 a.m. and 3:30 p.m. Monday through
					 Friday. The time frame for the Division to respond to requests to inspect
					 public records is the same as the time frame applicable to responding to
					 requests for copies of public records as set forth in §
										2.6     of this Part
					 above.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 00 - GENERAL ADMINISTRATION › Part 2 - Access to Public Records Regulation › Section 280-RICR-30-00-2.8 - Fees

Current through June 14, 2024
A. Official publications which the Division
				 prepares in the discharge of its duties to inform the public on matters of
				 public interest will be furnished free of charge when available.
B. The Division will supply one (1) copy of
				 any of its Rules and Regulations to an individual requesting them free of
				 charge. Rules and Regulations of the Division are on file at the Office of the
				 Secretary of State and certified copies thereof may be obtained from that
				 office. Rules and Regulations of the Division are also available online from
				 the Secretary of State's website.
C. The Division charges a fee, as provided in
				 R.I. Gen. Laws §
										38-2-4, for
				 copying and/or search and retrieval of requested documents consistent with
				 applicable state law. The Division charges $0.15 per copied page; provided
				 however, if the response to the request consists of twenty (20) or fewer copied
				 pages, no fee will be charged. The Division reserves the right to require a
				 deposit of the estimated costs if the estimated costs are $50.00 or
				 more.
D. The cost of copying and
				 search and retrieval as provided in §
										2.8(C)     of this Part above must be
				 paid in advance of or at the time of delivery or inspection of the requested
				 documents.
E. Division personnel
				 or, where applicable, an outside copy service, will make copies of requested
				 records. The Division does not have a copy machine available for use by the
				 public to make copies.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 00 - GENERAL ADMINISTRATION › Part 2 - Access to Public Records Regulation › Section 280-RICR-30-00-2.9 - Supervision of Inspections

Current through June 14, 2024
A. The inspection of
				 public records must be accomplished in a manner which will provide for general
				 supervision by authorized Division staff. This is necessary to prevent the
				 misplacement or unauthorized removal of records or any other action which may
				 impair the integrity of the public record.
B. Personnel in charge of the Division of
				 Motor Vehicles shall have overall responsibility for the security of the public
				 record. However, the individual in charge of that Division may designate a
				 staff member(s) to coordinate the functions and responsibilities related to the
				 copying and inspection of public records.
C. All personnel responsible for responding
				 to requests for access to public records shall be made aware, by their
				 supervisors, of the provisions of this regulation and the procedures to be
				 followed when an access to public records request is made. Division personnel
				 having any questions regarding the procedures to be followed should direct
				 inquiries to:
1. The person in charge of the
				 Division of Motor Vehicles responsible for the activity/function to which the
				 public record being requested relates; or
2. In the event that the public record cannot
				 be readily categorized as falling under the responsibility of the Division of
				 Motor Vehicles, the request should be directed to the Division of Legal
				 Services at the Department of Revenue which will serve as a resource in matters
				 relating to the public's access to public records.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 00 - GENERAL ADMINISTRATION › Part 3 - Declaratory Order Petitions › Section 280-RICR-30-00-3.1 - Purpose

Current through June 14, 2024
This regulation states the requirements for submitting a
					 request for Declaratory Order under R.I. Gen. Laws §
										42-35-8(b),
					 and the procedure for its consideration and prompt
					 disposition.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 00 - GENERAL ADMINISTRATION › Part 3 - Declaratory Order Petitions › Section 280-RICR-30-00-3.2 - Authority

Current through June 14, 2024
This regulation is promulgated pursuant to the authority
					 granted in R.I. Gen. Laws §
										42-35-8.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 00 - GENERAL ADMINISTRATION › Part 3 - Declaratory Order Petitions › Section 280-RICR-30-00-3.3 - Definitions

Current through June 14, 2024
A. The following definitions shall apply to
				 this regulation:
1. "Declaratory order" means
				 an order issued by the Division that:
a.
				 Interprets or applies a statute administered by the Division;
b. Clarifies whether a rule, guidance
				 document, or order issued by the Division applies to a Petitioner; or
c. Clarifies how a rule, guidance document,
				 or order issued by the Division applies to a Petitioner.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 00 - GENERAL ADMINISTRATION › Part 3 - Declaratory Order Petitions › Section 280-RICR-30-00-3.4 - Request for Declaratory Order: Form and Submission

Current through June 14, 2024
A. A request for Declaratory Order must be in
				 writing and include the following information:
1. The name and address of the
				 Petitioner;
2. A plain statement
				 identifying the statute, rule, guidance document, or order at issue;
3. A detailed statement of all facts relied
				 upon by the Petitioner;
4. A copy
				 of any and all documents relied upon by Petitioner that are not otherwise
				 accessible to the Division; and
5.
				 A plain statement requesting a Declaratory Order, and further indicating
				 whether Petitioner seeks:
a. An interpretation
				 or application of a statute administered by the Division;
b. Clarification as to whether a rule,
				 guidance document, or order issued by the Division applies to Petitioner;
				 and/or
c. Clarification as to how a
				 rule, guidance document, or order issued by the Division applies to
				 Petitioner.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 00 - GENERAL ADMINISTRATION › Part 3 - Declaratory Order Petitions › Section 280-RICR-30-00-3.5 - Consideration and Disposition of Request for Declaratory Order

Current through June 14, 2024
A. The Division shall promptly consider and
				 respond to the request for Declaratory Order as provided in R.I. Gen. Laws
				 §
										42-35-8(c).
1. Should the Division schedule the matter
				 for further consideration, the Division shall notify Petitioner in writing of
				 the anticipated date on which the Division will grant or deny the request for
				 Declaratory Order.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 00 - GENERAL ADMINISTRATION › Part 4 - Petition for Promulgation of Rules › Section 280-RICR-30-00-4.1 - Purpose

Current through June 14, 2024
The purpose of this regulation is to prescribe the form of
					 a petition for promulgation of rules pursuant to R.I. Gen. Laws §
										42-35-6 and the procedure for its submission, consideration, and
					 disposition.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 00 - GENERAL ADMINISTRATION › Part 4 - Petition for Promulgation of Rules › Section 280-RICR-30-00-4.2 - Authority

Current through June 14, 2024
This regulation is promulgated pursuant to the authority
					 granted in R.I. Gen. Laws §
										42-35-6.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 00 - GENERAL ADMINISTRATION › Part 4 - Petition for Promulgation of Rules › Section 280-RICR-30-00-4.3 - Definitions

Current through June 14, 2024
A. The following definitions shall apply to
				 this regulation:
1. "Division" means the
				 Division of Motor Vehicles that exists within the Department of
				 Revenue.
2. "Petition" means a
				 request for the promulgation of a rule.
3. "Petitioner" means a person requesting the
				 promulgation of a rule.
4.
				 "Promulgate," with respect to a Rule, means the process of writing a new Rule,
				 or amending or repealing an existing Rule.
5. "Rule" means the whole or a part of an
				 agency statement of general applicability that implements, interprets, or
				 prescribes law or policy or the organization, procedure, or practice
				 requirements of an agency and has the force of law. The term includes the
				 amendment or repeal of an existing rule. The term is used interchangeably with
				 the term "regulation." The term does not include the exceptions listed in R.I.
				 Gen. Laws §§
											42-35-1(19)(i) through
				 (vi).
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 00 - GENERAL ADMINISTRATION › Part 4 - Petition for Promulgation of Rules › Section 280-RICR-30-00-4.4 - Request for the Promulgation of a Rule

Current through June 14, 2024
A. A
				 request to Promulgate a Rule must be in writing and include the following
				 information:
1. The name and address of the
				 Petitioner;
2. A plain statement
				 identifying the Rule or proposed new rule at issue;
3. A detailed statement of all facts relied
				 upon by the Petitioner;
4. A plain
				 statement requesting the promulgation of a rule, and further indicating whether
				 Petitioner seeks a new rule or the amendment or repeal of an existing Rule.
a. In the case of a request for the repeal of
				 an existing Rule, the Petitioner shall identify the Rule by title and/or RICR
				 citation.
b. In the case of a
				 request for an amendment to an existing Rule, the Petitioner must identify with
				 specificity any proposed additions, deletions, or other amendments. New
				 proposed language must be clearly marked using underline formatting for
				 proposed insertions, and strike through formatting for proposed
				 deletions.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 00 - GENERAL ADMINISTRATION › Part 4 - Petition for Promulgation of Rules › Section 280-RICR-30-00-4.5 - Consideration and Disposition of Request for the Promulgation of a Rule

Current through June 14, 2024
A. The Division shall promptly consider and
				 respond to the request for the Promulgation of a Rule as provided in R.I. Gen.
				 Laws §
										42-35-6.
B. The Division may, at its discretion and
				 within the thirty (30) day period described by statute:
1. Hold a hearing for further consideration
				 and discussion on the Petition; or
2. Request further information or documents
				 from the Petitioner necessary for the full evaluation of his or her
				 Petition.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 05 - Licensing › Part 1 - Rules and Regulations Governing Applicants for Commercial Driver's Licenses, Permits, Renewals and Endorsements › Section 280-RICR-30-05-1.1 - Authority

Current through June 14, 2024
Pursuant to R.I. Gen. Laws §
										31-10.3-8,
					 the Administrator of the Division Motor Vehicles is authorized to adopt and
					 enforce rules and regulations necessary to administer the provisions of the
					 Uniform Commercial Driver's License Act, contained in R.I. Gen. Laws §
										31-10.3-1 et seq.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 05 - Licensing › Part 1 - Rules and Regulations Governing Applicants for Commercial Driver's Licenses, Permits, Renewals and Endorsements › Section 280-RICR-30-05-1.2 - Purpose

Current through June 14, 2024
In implementing these Rules and Regulations, the
					 Administrator of the Division of Motor Vehicles seeks to ensure public safety
					 by strengthening commercial driver licensing standards. These Rules and
					 Regulations establish standards to be used in determining eligibility of
					 applicants for commercial driver's licenses, renewals, permits and
					 endorsements, as well as the hearing and appeal process that shall be followed
					 in the event that an application is denied, pursuant to R.I. Gen. Laws §
										31-10.3-8.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 05 - Licensing › Part 1 - Rules and Regulations Governing Applicants for Commercial Driver's Licenses, Permits, Renewals and Endorsements › Section 280-RICR-30-05-1.3 - Incorporated Materials

Current through June 14, 2024
These regulations hereby adopt and incorporate  49 C.F.R
					 Part 391  (2018) 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 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 05 - Licensing › Part 1 - Rules and Regulations Governing Applicants for Commercial Driver's Licenses, Permits, Renewals and Endorsements › Section 280-RICR-30-05-1.5 - Minimum Eligibility for Commercial Driver's License, Permit, or Endorsement

Current through June 14, 2024
A. At the time of
				 submitting an application, the applicant must have been a licensed driver for a
				 minimum of two (2) years. Time periods during which the applicant's driving
				 privileges were suspended shall not be used in computing the two (2) year
				 minimum.
B. At the time of
				 submitting the application, the applicant must be physically qualified to
				 safely operate a commercial motor vehicle in accordance with applicable
				 requirements of  49 C.F.R. §
											391, incorporated in §
										1.3     of this Part.
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 05 - Licensing › Part 1 - Rules and Regulations Governing Applicants for Commercial Driver's Licenses, Permits, Renewals and Endorsements › Section 280-RICR-30-05-1.6 - Grounds for Mandatory Ineligibility for Issuance of a Commercial Driver's License, Permit, or Endorsement

Current through June 14, 2024
A. The Division of
				 Motor Vehicles shall not issue a commercial driver's license, permit or
				 endorsement to any person determined to fall within any of the following
				 categories:
1. Within a three (3) year period
				 prior to submitting the application, the applicant has been convicted of any of
				 the offenses set forth in any of the following sections of the Rhode Island
				 General Laws:
a. Offenses resulting in
				 mandatory suspension
b. Reckless
				 driving and other offenses against public safety
c. Eluding a law enforcement officer with a
				 motor vehicle
Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 05 - Licensing › Part 1 - Rules and Regulations Governing Applicants for Commercial Driver's Licenses, Permits, Renewals and Endorsements › Section 280-RICR-30-05-1.7 - Grounds for Mandatory Ineligibility for Renewal

Current through June 14, 2024
A. The Division of Motor Vehicles shall not
				 issue a renewal to any person determined to fall within any of the following
				 categories:
1. At the time of submitting the
				 renewal application, the applicant's driving privileges are suspended or
				 revoked.
2. At the time of
				 submitting the renewal application, the applicant is subject to any
				 disqualification under
				  49 C.F.R. §
												383.51, pursuant to R.I. Gen. Laws §
											31-10.3-31(n).