reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 510 - Building Code Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 20 - RISRC-1 State Rehabilitation Building and Fire Code for Existing Structures › Section 510-RICR-00-00-20.6 - Chapter 6: Reconstruction

Current through June 14, 2024
20.6.1
601.0
General
							Requirements
601.1
							Reconstruction work is defined as the reconfiguration of a space which affects
							an exit, or a corridor shared by more than a single tenant; and/or
							reconfiguration of space such that the rehabilitation work area is not
							permitted to be occupied because existing means of egress and fire protection
							systems, or their equivalent, are not in place or continuously maintained;
							and/or extensive alterations as defined in Chapter 5. All reconstruction work
							shall comply with the requirements of this chapter.
Exception: As modified in Section 904.0 for historical
								buildings.
601.2 In
							addition to the requirements of Chapter 6, all work shall comply with all the
							requirements of Chapters 4 and 5. BF
Exceptions:
1.
							Buildings in which the reconfiguration of space affecting exits or shared
							egress access is exclusively the result of compliance with the accessibility
							requirements of Chapter 10 shall not be required to comply with Chapter
							6.
2. Existing dead-end corridors
							shall be permitted to be extended and new dead-end corridors may be added in
							accordance with 602.1.5.
3. Any
							stairway replacing an existing stairway within a space where, because of
							existing construction, the pitch or slope cannot be reduced, shall not be
							required to comply with the maximum riser height and minimum tread depth
							requirements.
601.3
							Wherever the term "rehabilitation work area" is used in Chapter 6, it is
							intended to include only the area affected by reconstruction work, and areas
							covered by non-structural requirements and extensive alterations. Other
							rehabilitation work areas affected exclusively by renovation or alteration work
							shall not be included in the rehabilitation work area that needs to comply with
							Chapter 6. BFO
Rhode Island Code of Regulations › Title 510 - Building Code Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 20 - RISRC-1 State Rehabilitation Building and Fire Code for Existing Structures › Section 510-RICR-00-00-20.8 - Chapter 8: Additions

Current through June 14, 2024
20.8.1
801.0
General
							Requirements
801.1 An
							addition to a building or structure is defined as an increase in building area,
							aggregate floor area, height or number of stories of a structure. All additions
							shall comply with other sections of this Code, Mechanical Code, Plumbing Code,
							Fire Code, Electrical Code, Boiler Safety Code, Energy Code, Elevator Code, and
							Accessibility Code, without requiring the existing building or structure to
							comply with any requirements of those codes or of this Code. BF
801.2 An addition shall not create or extend
							any non-conformity in the existing building to which the addition is
							constructed with regard to accessibility, structural strength, fire safety,
							means of egress, or the capacity of mechanical, plumbing or electrical systems.
							BF
801.3 Any repair, renovation,
							alteration or reconstruction work within an existing building to which an
							addition is being made shall comply with the requirements of Chapters 3, 4, 5
							and 6. BF
Rhode Island Code of Regulations › Title 510 - Building Code Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 20 - RISRC-1 State Rehabilitation Building and Fire Code for Existing Structures › Section 510-RICR-00-00-20.10 - Chapter 10: Accessibility

Current through June 14, 2024
20.10.1
1001.0
General
1001.1 All buildings, with the Exception of
							those determined to be historical and so certified under the provisions of
							Chapter 9, shall further comply with the standards outlined herein. B
1001.2 All buildings certified as historical
							buildings under the provisions Chapter 9 shall also comply with the standards
							herein. BO
Exception: Where such modifications to the existing
								building are determined, by the State Historical Preservation Officer, in
								writing, to adversely impact the historical significance of the building. In
								all such cases, the owner shall meet with the State Historical Preservation
								Officer, the Building Commissioner, and the State ADA Coordinator, or their
								respective designees, to develop alternative means of compliance with this
								chapter.
Rhode Island Code of Regulations › Title 510 - Building Code Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 20 - RISRC-1 State Rehabilitation Building and Fire Code for Existing Structures › Section 510-RICR-00-00-20.11 - Chapter 11: Relocated or Moved Buildings

Current through June 14, 2024
20.11.1
1101.0
General
1101.1 Scope: This chapter provides
							requirements for relocated or moved structures. B
1101.2 Conformance: The building shall be
							safe for human occupancy as determined by the Fire Code and the Building Code.
							Any repair, alteration, or change in occupancy undertaken within the moved
							structure shall comply with the requirements of this Code applicable to the
							work being performed. Any field-fabricated elements shall comply with the
							requirements of the Building Code. BF
Rhode Island Code of Regulations › Title 510 - Building Code Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 21 - Process for Establishing Statewide Building Permit Fees › Section 510-RICR-00-00-21.1 - Purpose

Current through June 14, 2024
The purpose of these regulations is to establish a process
					 and formula for establishing statewide building permit fees.
Rhode Island Code of Regulations › Title 510 - Building Code Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 21 - Process for Establishing Statewide Building Permit Fees › Section 510-RICR-00-00-21.2 - Legal Authority

Current through June 14, 2024
These regulations are promulgated pursuant to R.I. Gen.
					 Laws §23-27.3-119 and in accordance with
					 R.I. Gen. Laws §
										42-35-1
et seq
.,
					 the Administrative Procedures Act.
Rhode Island Code of Regulations › Title 510 - Building Code Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 21 - Process for Establishing Statewide Building Permit Fees › Section 510-RICR-00-00-21.3 - Severability

Current through June 14, 2024
The provisions of these regulations are severable, and if
					 any provision hereof shall be held invalid in any circumstances, any invalidity
					 shall not affect any other provisions or circumstances.
Rhode Island Code of Regulations › Title 510 - Building Code Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 21 - Process for Establishing Statewide Building Permit Fees › Section 510-RICR-00-00-21.4 - Definitions

Current through June 14, 2024
A. As used in these regulations the following
				  definitions will apply:
1. "Building permit
				  fees" means categories of municipal fees set forth in R.I. Gen. Laws
				  §§23-27.3-118 and
				   23-27.3-118.1.
2. "Commission" means the Rhode Island
				  Building Code Commission.
3.
				  "Commissioner" means the commissioner of the Rhode Island Building Code
				  Commission.
4. "Data inputs" means
				  the assumptions, data and other relevant information that are factored into the
				  statewide permit formula.
5. "Fee
				  schedule" means a schedule of building permit fees which are computed by
				  applying the statewide permit formula.
6. "Municipality" means any city or town
				  within the State of Rhode Island.
7. "Statewide permit formula" means the
				  formula described in §
											21.10   of this Part
				  herein.
Rhode Island Code of Regulations › Title 510 - Building Code Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 21 - Process for Establishing Statewide Building Permit Fees › Section 510-RICR-00-00-21.5 - Applicability

Current through June 14, 2024
The fee schedules established herein shall become effective
					 on July 1, 2018 provided that the fee schedule established herein for a
					 municipality that is granted an extended transition period shall become
					 effective on July 1, 2020.
Rhode Island Code of Regulations › Title 510 - Building Code Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 21 - Process for Establishing Statewide Building Permit Fees › Section 510-RICR-00-00-21.6 - Municipal Requirements

Current through June 14, 2024
The building permit fees assessed by municipalities shall
					 be computed in accordance with the fee schedules listed in §
										21.12   of this Part
					 herein.
Rhode Island Code of Regulations › Title 510 - Building Code Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 21 - Process for Establishing Statewide Building Permit Fees › Section 510-RICR-00-00-21.7 - Commission Requirements

Current through June 14, 2024
The fee schedule for each municipality shall be posted on
					 the commission's website (
http://www.ribcc.ri.gov/
) and the
					 website shall be updated whenever a change to a fee schedule is made so that
					 all fee schedules posted on the website are current.
Rhode Island Code of Regulations › Title 510 - Building Code Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 21 - Process for Establishing Statewide Building Permit Fees › Section 510-RICR-00-00-21.8 - Adjusting of Fee Schedules

Current through June 14, 2024
A. Adjustments to
				  the fee schedules may be made by amending these regulations. Such amendments
				  must be promulgated in accordance with R.I. Gen. Laws §
										42-35-1
et seq
.,
				  the Administrative Procedures Act.
B. The commissioner may, from time to time or
				  upon a reasonable request from a municipality, request authorization from the
				  commission to commence a promulgation process for purposes of making an
				  adjustment to a municipality's fee schedule. Municipal requests must be made,
				  in writing, by the municipality's chief executive or town council. A
				  municipality's request to the commissioner must provide the basis for why an
				  adjustment is appropriate as well as all pertinent updated data
				  inputs.
C. Authorization to
				  commence a promulgation process shall not be granted by the commission unless
				  it finds that:
1. the proposed adjustment is
				  the result of the commissioner's application of the statewide permit formula;
				  or
2. that the proposed adjustment
				  will result in a lower fee for contractors than the fee would be if the
				  statewide permit formula was applied and the lower fee is requested, in
				  writing, by the municipality's chief executive or town council.
Rhode Island Code of Regulations › Title 510 - Building Code Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 21 - Process for Establishing Statewide Building Permit Fees › Section 510-RICR-00-00-21.9 - Request for Extended Transition Period

Current through June 14, 2024
A. A
				  municipality may request an extended transition period which, if approved,
				  means that the municipality's fee schedule in effect on July 1, 2017, will
				  remain its fee schedule through June 30, 2020.
B. Requests for the extended transition
				  period must be made in writing by the municipality's chief executive or town
				  council and received by the commissioner by June 1, 2018. Timely requests
				  received by the commissioner will be forwarded to the commission for
				  consideration.
C. No request shall
				  be granted unless approved by the commission.
D. Any municipality whose request for an
				  extended transition period is granted must submit a written status report to
				  the commissioner by January 1, 2019. The status report must include updated
				  data inputs in a format (i.e., Excel spreadsheet) that is satisfactory to the
				  commissioner and provide an update regarding the municipality's approach for
				  implementing a fee schedule that applies the statewide permit
				  formula.
E. In the event that a
				  municipality fails to submit a satisfactory status report, the commission may
				  rescind its approval of an extended transition period which means that a fee
				  schedule that applies the statewide permit formula will become effective for
				  that municipality beginning on July 1, 2019, rather than July 1,
				  2020.
Rhode Island Code of Regulations › Title 510 - Building Code Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 21 - Process for Establishing Statewide Building Permit Fees › Section 510-RICR-00-00-21.10 - Statewide Permit Formula

Current through June 14, 2024
When calculating fee schedules for municipalities, the
					 commissioner shall apply a statewide permit formula. The statewide permit
					 formula shall factor in various data inputs including but not limited to the
					 size of the municipality, the budget and size of the municipality's department,
					 division or office that works on permitting issues, and the number and types of
					 permitting actions that occur within the municipality.
Rhode Island Code of Regulations › Title 510 - Building Code Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 21 - Process for Establishing Statewide Building Permit Fees › Section 510-RICR-00-00-21.11 - Request for Reconsideration

Current through June 14, 2024
A. A municipality
				  may submit a request for reconsideration to the commissioner if it is aggrieved
				  by one of the following actions:
1. The
				  establishment of the municipality's fee schedule.
2. An adjustment to the municipality's fee
				  schedule.
3. The commissioner's
				  denial of the municipality's request for the commissioner to seek authorization
				  from the commission to commence a promulgation process to adjust the
				  municipality's fee schedule.
4. The
				  denial of the municipality's request for an extended transition
				  period.
Rhode Island Code of Regulations › Title 515 - Commission for Human Rights › Chapter 10 - Operation › Subchapter 00 - N/A › Part 1 - Definitions and General Applicability › Section 515-RICR-10-00-1.1 - Authorization

Current through June 14, 2024
The following Regulations of the Rhode Island Commission
					 for Human Rights were adopted in accordance with the Administrative Procedures
					 Act. The Regulations are promulgated in accordance with R.I. Gen. Laws Chapter
					 42-35 and in accordance with R.I. Gen. Laws §
										11-24-4,
					  28-5-13(4),
					  34-37-6(j),
					  40-9.1-4 and
					  42-87-5(a).
Rhode Island Code of Regulations › Title 515 - Commission for Human Rights › Chapter 10 - Operation › Subchapter 00 - N/A › Part 1 - Definitions and General Applicability › Section 515-RICR-10-00-1.4 - Construction and Severability

Current through June 14, 2024
A. Liberal
				 Construction. These Regulations shall be liberally construed to accomplish
				 their purposes.
B. Survival. If any
				 clause, sentence, paragraph, or part of these Regulations or the application
				 thereof to any person or circumstances, is, for any reason, adjudged by a court
				 of competent jurisdiction to be invalid, that judgment shall not affect, impair
				 or invalidate the remainder of these Regulations or their application to other
				 persons or circumstances.
Rhode Island Code of Regulations › Title 515 - Commission for Human Rights › Chapter 10 - Operation › Subchapter 00 - N/A › Part 2 - Procedure › Section 515-RICR-10-00-2.1 - Authorization

Current through June 14, 2024
The following Regulations of the Rhode Island Commission
					 for Human Rights were adopted in accordance with the Administrative Procedures
					 Act. They were originally filed on August 9, 1979. Amendments were filed on
					 September 24, 1985, February 23, 1993, June 21, 2001, and October 30, 2001. The
					 Regulations are promulgated in accordance with R.I. Gen. Laws §§
										11-24-4,
					  28-5-13(4),
					  34-37-6(j),
					  40-9.1-4 and
					  42-87-5(a).
Rhode Island Code of Regulations › Title 515 - Commission for Human Rights › Chapter 10 - Operation › Subchapter 00 - N/A › Part 2 - Procedure › Section 515-RICR-10-00-2.3 - Practice before the Commission

Current through June 14, 2024
A. Appearances. Any
				 person may appear before the Commission in their own behalf. No person may
				 appear in a representative capacity before the Commission unless authorized by
				 law, court order or court rule to do so.
B. Standards of Conduct. All persons
				 appearing in proceedings before the Commission 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 such
				 standards, the Commission may decline to permit such person to appear in a
				 representative capacity in any proceeding before the Commission.
Rhode Island Code of Regulations › Title 515 - Commission for Human Rights › Chapter 10 - Operation › Subchapter 00 - N/A › Part 2 - Procedure › Section 515-RICR-10-00-2.4 - Charge

Current through June 14, 2024
A. Who May File. Any person or organization
				 who claims to be aggrieved by an alleged discriminatory practice may make, sign
				 and file a written charge with the Commission at any of its offices. Commission
				 staff do not provide legal advice.
B. Charges Initiated by the Commission. The
				 Commission may initiate charges. One Commissioner or the Director may initiate
				 and file a charge in the name of the Commission. A Commissioner who files or
				 approves the filing of a charge shall not participate as Preliminary
				 Investigating Commissioner, nor shall they hear the complaint or participate in
				 a decision on the complaint.
C.
				 Form of Charge. The charge shall be in writing. The original charge, signed and
				 verified by the complainant before a notary public or other person duly
				 authorized by law to administer oaths, shall be filed with the Commission.
				 Notary services, when available, shall be furnished without charge by the
				 Commission.
D. Content of Charge. A
				 charge shall contain, at a minimum, the following:
1. The full name and address for the person
				 making the charge;
2. The full name
				 and address of the person against whom the charge is made;
3. A concise statement of facts which the
				 complainant believes constitutes an unlawful discriminatory practice;
4. The date(s) of the alleged unlawful
				 discriminatory practice or, if the alleged unlawful discriminatory practice is
				 of a continuing nature, the dates between which said continuous acts are
				 alleged to have occurred.
Rhode Island Code of Regulations › Title 515 - Commission for Human Rights › Chapter 10 - Operation › Subchapter 00 - N/A › Part 2 - Procedure › Section 515-RICR-10-00-2.5 - Preliminary Investigation and Disposition

Current through June 14, 2024
A. Preliminary
				 Investigation. Whenever authorized by law, the Commission may conduct
				 preliminary investigations into matters under its jurisdiction, or may
				 cooperate with another agency in the investigation into matters over which both
				 agencies have jurisdiction. Such investigations shall be designed to obtain
				 adequate information upon which the Commission can determine whether probable
				 cause exists to believe that any unlawful discriminatory practices have been or
				 are being engaged in by the respondent.
1. At
				 the completion of such an investigation, a Commissioner may dismiss the charge
				 if no probable cause exists to believe that unlawful practices have been or are
				 being engaged in, or may determine that probable cause exists to believe that
				 unlawful practices have been or are being engaged in. In the latter case, the
				 Commission shall proceed as provided by law.
2. For purposes of review, a dismissal of the
				 charges by a Preliminary Investigating Commissioner shall be treated as a final
				 Order of the Commission. A Preliminary Investigating Commissioner's finding of
				 probable cause that unlawful practices have been or are being engaged in does
				 not constitute a final Order of the Commission.
3.
											§
											2.5(C) through
				 (F)     of this Part will apply to
				 pre-determination settlement agreements, except that, to the extent allowed by
				 law, a complainant or respondent need not sign a pre-determination settlement
				 agreement if their attorney signs the agreement on their behalf.
Rhode Island Code of Regulations › Title 515 - Commission for Human Rights › Chapter 10 - Operation › Subchapter 00 - N/A › Part 2 - Procedure › Section 515-RICR-10-00-2.6 - Subpoenas

Current through June 14, 2024
A. Issuance of Subpoenas. Whenever in the
				 discretion of the Commission it is deemed necessary to compel the attendance of
				 witnesses or the production for examination of any books, papers, documents or
				 tangible things relating to any matter under investigation or in question
				 before the Commission, a Commissioner may issue a witness subpoena and/or
				 subpoena for production of books, papers, documents or tangible
				 things.
B. Issuance to Parties.
				 Upon written application of any party to a contested case, the Commission may
				 issue subpoenas requiring the attendance and testimony of witnesses or the
				 production of books, papers, documents or tangible things in such proceeding.
				 The Commission may require the person requesting the subpoena to show relevance
				 and reasonable scope of the testimony or evidence sought.
C. Service. Unless the service of a subpoena
				 is acknowledged by the person subpoenaed or their attorney, service shall be
				 made by delivering a copy of the subpoena to such person and by tendering them
				 on demand the fees for one day's attendance and mileage, if any, allowed or
				 required by law. When the subpoena is issued on behalf of the Commission or any
				 state officer or agency, fees and mileage need not be tendered.
D. Proof of Service. The person serving the
				 subpoena shall make proof of service by filing the subpoena and the required
				 return with the Commission. Service may be made by any person authorized to
				 serve subpoenas under the Superior Court Rules of Civil Procedure. If service
				 is made by a person other than a member or employee of the Commission, and such
				 service has not been acknowledged by the witness, such person shall make an
				 affidavit of service. Failure to make proof of service does not affect the
				 validity of the service.
E.
				 Compliance and Quashing. The Commission, a Commissioner or a member of the
				 Commission staff may accept subpoenaed documents at the time when a person
				 complies with a subpoena. At the time when a subpoenaed witness or document
				 must be produced, the person under subpoena may submit a written motion to
				 quash the subpoena to the Commission or a member of the Commission staff which
				 motion shall be transmitted to a Commissioner. Upon a motion to quash, made
				 promptly, and in any event, at or before the time specified in the subpoena for
				 compliance by the person to whom the subpoena is directed (and upon notice to
				 the party for whom the subpoena is issued) a Commissioner may:
1. quash or modify the subpoena if it is
				 unreasonable or requires evidence not relevant to any matter in issue;
				 and/or,
2. condition the denial
				 upon just and reasonable conditions.
Rhode Island Code of Regulations › Title 515 - Commission for Human Rights › Chapter 10 - Operation › Subchapter 00 - N/A › Part 2 - Procedure › Section 515-RICR-10-00-2.7 - Right to Sue

Current through June 14, 2024
A. General Right to
				 Sue. A complainant may ask for a right to sue in state court provided that:
1. not less than one hundred and twenty (120)
				 days and not more than two (2) years have elapsed from the date of filing of a
				 charge;
2. the Commission has been
				 unable to secure a settlement agreement or conciliation agreement;
				 and
3. the Commission has not
				 commenced hearing on a complaint.
Rhode Island Code of Regulations › Title 515 - Commission for Human Rights › Chapter 10 - Operation › Subchapter 00 - N/A › Part 2 - Procedure › Section 515-RICR-10-00-2.8 - Reconsideration of Ruling on Probable Cause

Current through June 14, 2024
A. Motion for
				 Reconsideration by a Party. A party may move for reconsideration of a
				 determination on probable cause for the following reasons:
1. newly discovered evidence which by due
				 diligence could not have been discovered in time to present it to the
				 Preliminary Investigating Commissioner prior to the determination on probable
				 cause;
2. excusable neglect or
				 fraud or misconduct of an adverse party; or,
3. upon such other grounds as the Commission
				 deems just.
Rhode Island Code of Regulations › Title 515 - Commission for Human Rights › Chapter 10 - Operation › Subchapter 00 - N/A › Part 2 - Procedure › Section 515-RICR-10-00-2.10 - Answer

Current through June 14, 2024
A. Time of Filing Answer. A respondent upon
				 whom a notice of hearing and complaint has been served shall file a written
				 answer within three (3) weeks from the date of service or ten (10) days prior
				 to the date of hearing, whichever is earlier.
B. Place and Manner of Filing. The answer
				 must be filed with the Commission, a Commission attorney, and upon all other
				 parties, by personal delivery, mail, facsimile or email.
C. Extension of Time. Upon application, the
				 Commission, for good cause shown, may extend the time within which the answer
				 may be filed.
D. Form of Answer.
				 The answer shall be in writing and shall contain the address, email address and
				 telephone number of the respondent, and if represented by an attorney, the
				 name, address, bar number, email address and telephone number of said attorney.
				 The answer shall contain a specific denial of each allegation of the complaint
				 controverted by the respondent, or a denial of any knowledge or information
				 sufficient to form a belief concerning such allegations, and a statement of any
				 matter constituting a defense. General denials are not an acceptable form of
				 pleading and shall be stricken by the Commission. Any allegation in the
				 complaint which is not denied, unless respondent shall state in the answer that
				 the respondent after due investigation is without knowledge or information
				 sufficient to form a belief on the allegation, shall be deemed admitted. An
				 affirmative defense not first set forth by answer may not be raised at hearing
				 on a complaint unless the hearing officer decides otherwise based on good cause
				 shown.
E. Amendment to Answer. The
				 respondent may amend their answer at any time before sixty (60) days prior to
				 the first hearing on the complaint, as a matter of right, and thereafter at the
				 discretion of the Commission or the hearing officer, by motion. Whenever a
				 complaint is amended, the respondent shall file an amended answer as directed
				 by the Commission.
F. Failure to
				 File Answer. A respondent who has not filed an answer shall be in default and
				 the hearing shall proceed on the evidence in support of the complaint. Such
				 default may be set aside by the Commission or the hearing officer upon good
				 cause shown.
Rhode Island Code of Regulations › Title 515 - Commission for Human Rights › Chapter 10 - Operation › Subchapter 00 - N/A › Part 2 - Procedure › Section 515-RICR-10-00-2.11 - Motions and Memoranda

Current through June 14, 2024
A. Service of
				 Motions and Memoranda. Any motion made or memorandum submitted by a party shall
				 be filed with the Commission and served upon all other parties to the
				 investigation or the complaint, as the case may be.
B. Motions to Dismiss. In order to preserve
				 their right to make a motion to dismiss the complaint at the hearing on the
				 complaint, a party must file the motion to dismiss with the Commission and
				 serve a copy of the motion upon all other parties not later than thirty (30)
				 days before the date of the hearing. If a motion to dismiss is filed less than
				 thirty (30) days prior to a hearing, the hearing officer may in their
				 discretion waive the timeliness requirement for good cause shown and the
				 Commission may decide the motion after evidence has been presented or refuse to
				 consider the motion.
C. Motions
				 Made Before the Finding on Probable Cause. Any motions made by a party before
				 probable cause has been determined will be decided by the Preliminary
				 Investigating Commissioner.
D.
				 Motions for Summary Judgment. The Commission will not rule upon a Motion for
				 Summary Judgment on the issue of discrimination.
Rhode Island Code of Regulations › Title 515 - Commission for Human Rights › Chapter 10 - Operation › Subchapter 00 - N/A › Part 2 - Procedure › Section 515-RICR-10-00-2.12 - Prehearing Procedure

Current through June 14, 2024
A. Prehearing
				 Conferences. Before the hearing on the complaint, the Commission or Commission
				 attorney may in their discretion direct the parties or their qualified
				 representatives to appear at a specified time and place for a conference with a
				 Commissioner or staff member to consider:
1.
				 the simplification of the issues;
2. the necessity of amendments to the
				 complaint or answer;
3. the
				 possibility of obtaining stipulations;
4. the listing of witnesses;
5. discovery issues, including discovery
				 schedules;
6. such other matters as
				 may aid in the disposition of the hearing.
Rhode Island Code of Regulations › Title 515 - Commission for Human Rights › Chapter 10 - Operation › Subchapter 00 - N/A › Part 2 - Procedure › Section 515-RICR-10-00-2.13 - Discovery

Current through June 14, 2024
A. Rights of Discovery. Following a finding
				 of probable cause, the parties shall enjoy the same rights of discovery as are
				 provided in the Rhode Island Superior Court Rules of Civil Procedure.
B. Applicability of Rules. The Rhode Island
				 Superior Court Rules of Civil Procedure governing discovery shall be applicable
				 to discovery under this rule, except to the extent that those Rules by their
				 nature would be inapplicable, and as otherwise specifically provided in this
				 Chapter.
C. Discovery Motions. A
				 party may file with the Commission any discovery motion allowed by the Rhode
				 Island Superior Court Rules of Civil Procedure. The Motion must be served upon
				 all parties. Any party who objects to the Motion must file an Objection within
				 fourteen (14) days after service of the Motion, unless otherwise specified by
				 the Commission.
D. Commission File.
				 Any party may examine the case file after the finding of probable cause has
				 been made or the case has been closed, but documents involving communications
				 between the Commission and other civil rights agencies, internal memoranda,
				 documents relating to conciliation or settlement, and documents revealing the
				 identity of confidential sources will be removed from the case file by a staff
				 member before the file is examined by any party. The Commission shall be
				 entitled to a reasonable charge for any copying and such charge shall be
				 prepaid.
E. Witnesses. Either party
				 or the Commission may request a list of the witnesses and a copy of the
				 documents which the other party intends to present at hearing. Such lists or
				 documents shall be provided by the date specified by the Commission. Either
				 party may move for a Protective Order.
F. Completion of Discovery. All discovery
				 shall be completed at least thirty (30) days prior to the commencement of the
				 hearing before the Commission, or any rescheduling thereof.
Rhode Island Code of Regulations › Title 515 - Commission for Human Rights › Chapter 10 - Operation › Subchapter 00 - N/A › Part 2 - Procedure › Section 515-RICR-10-00-2.15 - Record of the Hearing

Current through June 14, 2024
A. Administrative
				 Record. The administrative record of a hearing shall consist of the notice of
				 hearing, the complaint, as it may have been amended, the answer, as the same
				 may have been amended, the transcript of the hearing, all documents accepted
				 into evidence, proffers of evidence, orders, motions and objections thereto,
				 memoranda, stipulations, the findings of fact, conclusions of law and final
				 Orders of the Commission.
B.
				 Transcripts of a Hearing. Transcripts of hearings shall be available at the
				 Commission's office for examination and copying. If any party files proceedings
				 for judicial review, the Commission shall, upon request by any party, provide a
				 copy of the transcript of the hearing at such reasonable prepaid charge as the
				 Commission shall establish.
Rhode Island Code of Regulations › Title 515 - Commission for Human Rights › Chapter 10 - Operation › Subchapter 00 - N/A › Part 2 - Procedure › Section 515-RICR-10-00-2.17 - Reopening of Proceedings

Current through June 14, 2024
Authorization of Commission. After issuing any Decision and
					 Order pursuant to §
										2.16     of this Part, the
					 Commission, on its own motion, whenever justice so requires, and after
					 reasonable notice and opportunity to be heard have been given to all parties,
					 may reopen any proceeding and take such action as it may deem necessary,
					 including modifying or setting aside, in whole or part, any finding or Order
					 previously made by it.
Rhode Island Code of Regulations › Title 515 - Commission for Human Rights › Chapter 10 - Operation › Subchapter 00 - N/A › Part 2 - Procedure › Section 515-RICR-10-00-2.18 - Equal Access to Justice for Small Businesses and Individuals

Current through June 14, 2024
A. Qualifications
				 for a Petition for Reasonable Litigation Expenses. An award of reasonable
				 litigation expenses to a respondent may be made when:
1. the Commission initiated the charge filed
				 against the respondent; and,
2. the
				 respondent prevails after a final hearing on the merits; and,
3. the respondent is an individual whose net
				 worth is less than the limit established by the Equal Access to Justice Act, at
				 the time of the commencement of the first hearing or is any individual,
				 partnership, corporation, association or private organization doing business
				 and located in the state, which is independently owned and operated, not
				 dominant in its field, and which employs one hundred (100) or fewer persons at
				 the time of the commencement of the first hearing; and,
4. the award is required by law.
Rhode Island Code of Regulations › Title 515 - Commission for Human Rights › Chapter 10 - Operation › Subchapter 00 - N/A › Part 2 - Procedure › Section 515-RICR-10-00-2.19 - Petition for Action on Regulations

Current through June 14, 2024
A. Procedure. A
				 Petition to promulgate, amend or repeal a Regulation must be in writing,
				 submitted to a Commission attorney, and include the following information:
1. the name and address of the
				 petitioner;
2. a statement
				 requesting the promulgation, amendment or repeal of a Regulation;
3. a detailed statement of all facts relied
				 upon by the petitioner;
4. a copy
				 of all documents relied upon by the petitioner;
5. in the case of a request for the repeal of
				 an existing Regulation, the petitioner must identify the Regulation by title
				 and RICR citation; and,
6. In the
				 case of a Petition for an amendment to an existing Regulation, the petitioner
				 must identify the Regulation by title and RICR citation and identify with
				 specificity all proposed additions, deletions or other amendments, using
				 underline formatting for proposed insertions and strikethrough formatting for
				 proposed deletions.
Rhode Island Code of Regulations › Title 515 - Commission for Human Rights › Chapter 10 - Operation › Subchapter 00 - N/A › Part 2 - Procedure › Section 515-RICR-10-00-2.20 - Petition for Declaratory Order

Current through June 14, 2024
A. Petition for
				 Declaratory Order. A petition for a Declaratory Order must be in writing,
				 submitted to a Commission attorney and include the following information:
1. The name and address of the
				 petitioner;
2. A statement
				 identifying the statute, Regulation, 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 the petitioner;
5. A
				 statement requesting a Declaratory Order, and further indicating whether
				 petitioner seeks:
a. an interpretation or
				 application of a statute administered by the Commission; and/or,
b. clarification as to the manner in which a
				 Regulation, guidance document or Order issued by the Commission applies to the
				 petitioner.
Rhode Island Code of Regulations › Title 515 - Commission for Human Rights › Chapter 10 - Operation › Subchapter 00 - N/A › Part 3 - Fair Housing › Section 515-RICR-10-00-3.1 - Authorization

Current through June 14, 2024
The following regulations of the Rhode Island Commission
					 for Human Rights were adopted in accordance with the Administrative Procedures
					 Act, R.I. Gen. Laws Chapter 42-35. They were originally filed on February 23,
					 1993. Amendments were filed on September 16, 1993, and June 19, 2014. The
					 Regulations are promulgated in accordance with R.I. Gen, Laws §§28-5-13(4);
					 34-37-6(j);
					 40-9.1-4;
					 and
					 42-87-5(a).
Rhode Island Code of Regulations › Title 515 - Commission for Human Rights › Chapter 10 - Operation › Subchapter 00 - N/A › Part 3 - Fair Housing › Section 515-RICR-10-00-3.3 - Exemptions Related to Familial Status

Current through June 14, 2024
A. Criteria for
				 Exemptions. A respondent may claim an exemption from the provisions of the Fair
				 Housing Practices Act prohibiting discrimination on the basis of familial
				 status by proving that:
1. the housing
				 accommodation is provided under any state or federal program which is designed
				 and operated to assist elderly persons and is designated as such by the
				 Secretary of the Department of Housing and Urban Development under section
				 807(2)(A) 
				 of the federal Fair Housing Act of 1968,
				  42 U.S.C. §
												3601  et seq ., as amended; or
2. the housing accommodation is of four (4)
				 units or less, the owner actually maintains and occupies one (1) of such living
				 quarters as their residence and one (1) of those units is already occupied by a
				 person sixty-two (62) years of age or older or infirm person for whom the
				 presence of children would constitute a demonstrated hardship; or
3. the housing accommodation is intended for
				 and solely occupied by persons sixty-two (62) years of age or older;
				 or,
4. the housing accommodation is
				 intended and operated for occupancy by at least one (1) person fifty-five (55)
				 years of age or older per unit, provided that:
a. at least eighty percent (80%) of the units
				 are occupied by at least one (1) person fifty-five (55) years of age or older
				 per unit; and
b. the owner or
				 manager has published and adhered to policies and procedures which demonstrate
				 an intent to provide housing for persons fifty-five (55) years of age or older;
				 and,
c. the housing accommodation
				 has significant facilities and services designed to meet the physical and
				 social needs of older persons. If the provision of significant services and
				 facilities is not practicable, it must be demonstrated that such housing
				 provides important opportunities for older persons.
Rhode Island Code of Regulations › Title 515 - Commission for Human Rights › Chapter 10 - Operation › Subchapter 00 - N/A › Part 3 - Fair Housing › Section 515-RICR-10-00-3.4 - Accessibility and Accommodations For Persons With Disabilities

Current through June 14, 2024
A. Design and
				 Construction. Any housing accommodation of four (4) units or more constructed
				 for first occupancy after March 13, 1991 shall be designed and constructed in
				 compliance with the requirements of the Fair Housing Practices Act.
B. Reasonable Modifications. An owner cannot
				 refuse to allow a person with disabilities to make, at their expense,
				 reasonable modifications of existing premises occupied or to be occupied by
				 such person if such modifications may be necessary to afford such person full
				 enjoyment of the premises.
1. Reasonable
				 modifications typically include, but are not limited to, installation of grab
				 bars in a bathroom, widening a doorway to permit a wheelchair to pass and
				 installation of lower sinks, toilets or environmental controls;
2. An owner can, where reasonable, condition
				 permission for the reasonable modification on the tenant agreeing to restore
				 the interior of the premises to the condition that existed before the
				 modification. Modifications which would not interfere with a future tenant's
				 enjoyment of the premises and which do not have to be restored could include,
				 but are not limited to, widening a doorway, studs installed to hold grab bars
				 or the lowering of environmental controls;
3. An owner can require, where reasonable,
				 for the payment of a reasonable restoration deposit. This deposit shall be
				 placed in an interest-bearing escrow account and the interest shall accrue to
				 the benefit of the tenant. Factors to be considered in the reasonableness of a
				 restoration deposit can include, but are not limited to, the cost to restore
				 the premises, the income of the tenant and the length of the tenancy.
Rhode Island Code of Regulations › Title 520 - Ethics Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Code of Ethics (520-RICR-00-00-1) › Section 520-RICR-00-00-1.2 - Recusal

Current through June 14, 2024
1.2.1
Additional Circumstances Warranting Recusal ( 36-14-5002)
A. A person subject to this Code of Ethics must also recuse himself or herself from participation in accordance with R.I. Gen. Laws §
											36-14-6 when any of the following circumstances arises:
1. Any person within his or her family, or a household member, appears or presents evidence or arguments before his or her state or municipal agency.
2. His or her business associate or employer appears or presents evidence or arguments before his or her state or municipal agency.
3. His or her business associate, employer, household member or any person within his or her family authorizes another person, on his or her behalf, to appear or to present evidence or arguments before his or her state or municipal agency.
Rhode Island Code of Regulations › Title 520 - Ethics Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Code of Ethics (520-RICR-00-00-1) › Section 520-RICR-00-00-1.3 - Nepotism

Current through June 14, 2024
1.3.1
Prohibited Activities - Nepotism ( 36-14-5004)
A. Definitions. For the purposes of applying the provisions of this regulation, the following definitions apply:
1. "Household member" means a person having legal residence or living in a public official's or public employee's place of residence.
2. "Any person within his or her family" means, in addition to any other definition, any person who is related to any public official or public employee, whether by blood, marriage or adoption, as any of the following: spouse, father, step-father, father-in-law, mother, step-mother, mother-in-law, son, step-son, son-in-law, daughter, step-daughter, daughter-in-law, brother, step-brother, brother-in-law, sister, step-sister, sister-in-law, grandfather, step-grandfather, grandfather-in-law, grandmother, step-grandmother, grandmother-in-law, grandson, step-grandson, grandson-in-law, granddaughter, step-granddaughter, granddaughter-in-law, uncle, step-uncle, uncle-in-law, aunt, step-aunt, aunt-in-law, niece, step-niece, niece-in-law, nephew, step-nephew, nephew-in-law, first cousin, step-first cousin and first-cousin-in-law.
Rhode Island Code of Regulations › Title 520 - Ethics Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Code of Ethics (520-RICR-00-00-1) › Section 520-RICR-00-00-1.4 - Other Prohibited Activities

Current through June 14, 2024
1.4.1
Acting as Agent or Attorney for Other than State or Municipality ( 36-14-5008)
A. No state appointed or elected official or employee, who exercises fiscal or jurisdictional control over any state agency, board, Commission or governmental entity, shall act, for compensation, as an agent or attorney before such agency, board, Commission or governmental entity for any person or organization in any particular matter in which the state has an interest or is a party, unless:
1. such representation is in the proper discharge of official duties; or
2. such official or employee is acting as a representative of a duly certified bargaining unit of state or municipal employees; or
3. such appearance is before a state court of public record; or
4. the particular matter before the state agency requires only ministerial acts, duties, or functions involving neither adversarial hearings nor the authority of the agency to exercise discretion or render decisions.
Rhode Island Code of Regulations › Title 520 - Ethics Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Ethics Commission (520-RICR-00-00-2) › Section 520-RICR-00-00-2.1 - Access to Commission Records (36-14-5001)

Current through June 14, 2024
A. All Commission records, other than those listed within R.I. Gen. Laws §
										38-2-2(4)  (Access to Public Records) and those relating to investigations of Complaints, shall be open to public inspection at reasonable times. Those persons wishing to shall be entitled to review said information during normal Commission hours, and upon prior notice and request. Copies of such public material shall be available to all persons subject to the payment of costs as provided for in R.I. Gen. Laws §
										38-2-4.
B. This amendment shall take effect December 18, 1991, and shall relate to any complaint filed with the Commission on or after December 18, 1991.
Rhode Island Code of Regulations › Title 520 - Ethics Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Ethics Commission (520-RICR-00-00-2) › Section 520-RICR-00-00-2.2 - Commission Records (1028)

Current through June 14, 2024
A. All Commission records, other than those referenced in R.I. Gen. Laws §
										38-2-2(4)  (Access to Public Records) and those relating to the investigations of complaints, shall be open to public inspection at reasonable times. Such records shall include, but are not limited to, pending Complaints and advisory opinion requests.
B. Any person wishing to review Commission records shall be entitled to examine said information during Commission business hours and upon reasonable notice and request. Copies of such public material shall be available to all persons, subject to the payment of costs as provided in R.I. Gen. Laws §
										38-2-4, except those costs required to be paid by the Respondent in §
										3.22(J)     of this Subchapter.
Rhode Island Code of Regulations › Title 520 - Ethics Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Ethics Commission (520-RICR-00-00-2) › Section 520-RICR-00-00-2.3 - Public Forum Exceptions (36-14-8001)

Current through June 14, 2024
The prohibitions contained in R.I. Gen. Laws §
										36-14-8(f)  and regulations thereto shall in no way be construed to limit or prevent any individual who is a member or employee of the Commission from publicly expressing his or her own viewpoints in a public forum on any matter of general public interest or on any matter which directly affects said individual or his or her spouse or dependent child, unless otherwise specifically prohibited by this chapter.