reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.14 - Set-Off Against Payments

Current through June 14, 2024
Payments due the Vendor shall be subject to reduction by
					 the State Controller equal to the amount of unpaid and delinquent State taxes
					 (or other just debt owed to the State), except where notice of deficiency for
					 trust fund taxes is not a final assessment and still open for a hearing request
					 or while the tax deficiency notice is pending in administrative hearing or from
					 any judicial appeal therefrom.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.15 - Claims

Current through June 14, 2024
A. Setoff
Any claim against a Vendor may be deducted by the State
					 from any money due it in the same or other transactions. If no deduction is
					 made in such fashion, the Vendor shall pay the State the amount of such claim
					 on demand. Submission of a voucher and payment, thereof, by the State shall not
					 preclude the State Purchasing Agent from demanding a price adjustment in any
					 case when the good or service is delivered or is later found to deviate from
					 the Contract.
B. Damages for
				 Claims
The Purchasing Agent may assess dollar damages against a
					 Vendor determined to be non-performing or otherwise in default of its
					 contractual obligations equal to the cost of remedy incurred by the State, and
					 make payment of such damages a condition for consideration for any subsequent
					 award. Failure by the Vendor to pay such damages shall constitute just cause
					 for disqualification, rejection, and/or suspension. Vendor may appeal any
					 assessment of damages in accordance with §
											1.6     of this
					 Subchapter.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.16 - Unused Balances

Current through June 14, 2024
Unless otherwise specified, all unused quantities and/or
					 unexpended funds shall be automatically canceled on the expiration of the
					 specified term stated in the Contract. Similarly, for orders encompassing more
					 than one State fiscal year, unexpended balances of funding allotted for an
					 individual fiscal year may be liquidated at the close of that fiscal year, at
					 the State's sole option.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.17 - Confidentiality

Current through June 14, 2024
A. "Confidential Information"
1. Whenever used in a Contract, the term
				 "Confidential information" means:
a.
				 Information exempt from disclosure to the public or other unauthorized persons
				 under either Rhode Island or federal statutes or regulations; or
b. Information related to the State's
				 infrastructure, operations, security, or personnel unless otherwise identified
				 by the State in writing as non-confidential at the time of disclosure;
				 or
c. Any other information which
				 the State has identified to the Vendor in writing as confidential at the time
				 of disclosure or within thirty (30) days after disclosure; or
d. State Data which includes User Data and
				 the State's data used, processed, hosted, stored, or generated as a result of
				 the Services. User Data means any and all information reflecting the access or
				 use of the Services by or on behalf of the State or any authorized user,
				 including any end user profile, visit, session, impression, information,
				 click-through or click stream data and any statistical or other analysis,
				 information or data based on or derived from any of the foregoing; or
e. Information that would
				 ordinarily be reasonably considered confidential or proprietary in the light of
				 the circumstances surrounding disclosure.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.18 - Taxes

Current through June 14, 2024
A. The State and its agencies are exempt from
				 payment of any tax imposed directly on the purchaser of goods and services
				 under federal, state or local law with the sole exception of the Rhode Island
				 Motor Fuel Tax, R.I. Gen. Laws §
										31-36-1,
				 et seq. Except for the Rhode Island Motor Fuel Tax, federal, state and local
				 taxes should not be included in the Vendor's bid or proposal price or otherwise
				 invoiced. Exemption Certificates will be furnished upon request. Vendors and
				 their subcontractors performing improvements to real property pursuant to a
				 contract with a State agency may purchase materials specifically allocated for
				 the performance of said Contract from their suppliers provided that:
1. The materials are essential to the
				 project;
2. The materials are
				 incorporated into the project; and,
3. The Vendor or its subcontractors provide
				 their suppliers with an exemption certificate.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.19 - Insurance/Bonds/Other Security

Current through June 14, 2024
A. Insurance
Prior to issuance of a Contract, Vendor shall submit to the
					 Division proof of insurance coverages as set forth in the General Condition
					 Addendum A (General Insurance Requirements), other applicable General Condition
					 Addenda and/or as required by the solicitation ("Insurance Requirements").
					 Vendor shall comply with the minimum Insurance Requirements imposed by the
					 State. If different or additional insurance requirements are set forth in the
					 solicitation, then Vendor shall comply with the insurance requirements
					 specified in the solicitation.
B. Payment and Performance Bonds
When required by the solicitation or the General Condition
					 Addenda, the successful Vendor shall furnish a payment and/or performance bond
					 in the amount stated in the solicitation from a surety licensed to conduct
					 business in the State of Rhode Island upon the tentative
					 selection.
C. Other Security
The State Purchasing Agent reserves the right to consider
					 and accept alternate forms and plans of insurance or other comparable forms of
					 security, and/or to require additional or more extensive coverage for any
					 individual procurement. Vendors shall provide certificates of insurance and
					 required endorsements for all insurance requirements of the solicitation in
					 form and terms acceptable to the State Purchasing Agent. Failure to comply
					 shall result in a determination that the Vendor is not "responsible." The State
					 Purchasing Agent may change the insurance requirements contained in General
					 Condition Addenda as necessary to protect the State's
					 interests.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.21 - Indemnification

Current through June 14, 2024
A. General
Vendor shall defend, indemnify, release and hold harmless
					 the State and its agencies, together with their respective officers, agents and
					 employees, from and against any and all third-party claims, demands,
					 liabilities, causes of action, losses, damages, judgments and other costs and
					 expenses (including attorneys' fees) arising out of, or related to, directly or
					 indirectly, in whole or in part, Vendor's breach of the Contract or the act(s),
					 error(s) or omission(s) of the Vendor or its employees, agents, subcontractors
					 or volunteers at any tier.
B. Intellectual Property
Vendor shall defend, indemnify, release and hold harmless
					 the State and its agencies, together with their respective officers, agents and
					 employees, from and against all claims, demands, damages, liabilities, death,
					 injury, judgments and other costs and expenses (including attorneys' fees),
					 arising out of or related to, directly or indirectly, in whole or in part, a
					 claim that a product or service or its use infringes the intellectual property
					 rights of another person or entity.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.23 - Force Majeure

Current through June 14, 2024
Neither the State, nor its Vendors, shall be liable to the
					 other for failure or delay in performance due to a cause not reasonably
					 foreseen by, beyond the control of, and without the fault or negligence of the
					 party declaring a force majeure event; provided that the party declaring a
					 force majeure event shall have used its best efforts to avoid such failure or
					 delay in performance, minimized the impact thereof, and given prompt written
					 notice to the other party when first discovered, fully describing its probable
					 effect and duration. In such event of excusable delay or non-performance, the
					 State shall have the right at its option and without liability to cancel by
					 notice to the Vendor any and all portions of Vendor's performance so affected
					 and to take such other action as may be necessary. The State may, after
					 ascertaining the facts and the extent of the delay, extend the time for
					 completing performance when the facts so justify and amend the timetable
					 accordingly. The State shall not be liable for any increased costs, including
					 price escalation, beyond the performance or delivery date, due to a force
					 majeure event. Force majeure shall not include a Vendor's financial distress or
					 the financial distress of Vendor's parent, subsidiary, affiliated or associated
					 company; claims or court orders that restrict Vendor's ability to deliver the
					 goods, products or services contemplated by the Contract; strikes; labor
					 unrest; supply chain disruptions; Vendor's subcontractor's or supplier's
					 financial distress, conduct, negligence or default; or, as otherwise set forth
					 within the Contract and associated documents.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.24 - Compliance with Law

Current through June 14, 2024
During the term of the Contract with the State, Vendors
					 shall comply with all statutes, laws, regulations, codes, orders, policies,
					 rules and regulations of federal, state or municipal authorities applicable to
					 the furnishing of such goods or services as set forth in the solicitation and
					 the Vendor's bid or proposal all of which are hereby incorporated by reference
					 into any Purchase Order or Purchase Agreement issued by the Division. Vendors
					 shall pay for all required permits, licenses and fees required for the delivery
					 of goods or services to the State unless otherwise stated in the solicitation
					 or Contract.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.26 - Advertising

Current through June 14, 2024
Vendors shall not reference a State Contract for the
					 purposes of advertising or promotion without written authorization from the
					 State Purchasing Agent and any agency owner of the referenced
					 Contract.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.27 - Non-Exclusive Rights

Current through June 14, 2024
The State reserves the right to issue multiple
					 solicitations for goods or services similar or identical to the goods or
					 services described in a solicitation for which a Purchase Order or Purchase
					 Agreement has been issued to a Vendor.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.28 - Election of Remedies

Current through June 14, 2024
All rights exercisable by and remedies of the State shall
					 be cumulative. The exercise or beginning of the exercise by the State of any of
					 its rights and remedies will not preclude the State from exercising any other
					 right hereunder or otherwise granted by law or in equity.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.29 - Survival

Current through June 14, 2024
All Vendor obligations herein shall survive expiration,
					 termination and/or cancellation of the Contract.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.30 - Contract Transition

Current through June 14, 2024
Vendor agrees to act in good faith and a commercially
					 reasonable manner at all times in the transition of a Contract to a new
					 Vendor.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.31 - Governing Law, Forum

Current through June 14, 2024
A. The construction
				 and effect of any solicitation, Contract or Purchase Order documents, Purchase
				 Agreement or actions by the Department of Administration, by and through its
				 Division of Purchases, arising under the "State Purchases Act", R.I. Gen. Laws
				 §
										37-2-1,
				 et seq. shall be governed and construed in accordance with the laws of the
				 State of Rhode Island, without reference to its principles of conflict of laws,
				 except where the federal supremacy clause requires otherwise.
B. After exhaustion of any administrative
				 remedies, any suit, action or proceeding brought by a Vendor in connection with
				 any solicitation, Contract, or Purchase Order or actions by the Department of
				 Administration, by and through its Division of Purchases, arising under the
				 "State Purchases Act", R.I. Gen. Laws §
										37-2-1,
				 et seq. shall be brought solely in the Providence Superior Court, Providence,
				 Rhode Island. Vendors irrevocably submit to the jurisdiction of said court and
				 all courts of appeal from which an appeal may be taken from such court, waive
				 any objection to the venue of said court and any claim that such suit, action
				 or proceeding has been brought in an inconvenient forum. Nothing contained in
				 this section shall be construed to waive any State immunity to suit or
				 liability.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.32 - Effective Date and Commencement of Work

Current through June 14, 2024
A. Effective Date
				 of the General Conditions
The General Conditions shall apply to all procurements
					 issued after the effective date of these regulations.
B. Contract Effective Date
The effective date of any procurement shall be the date
					 contained in the Contract. No work or services shall commence prior to the
					 issuance of a Purchase Order or written authority to proceed formally issued by
					 the Division. Any work performed by the Vendor prior to issuance of a Purchase
					 Order or approved Change Order shall not be subject to payment by the
					 State.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.33 - Amendments to General Conditions

Current through June 14, 2024
The State Purchasing Agent reserves the right to agree to
					 alternate terms and conditions for a specific purchase in order to serve the
					 best interests of the State and/or protect the health, safety or welfare,
					 economic or otherwise, of the State and its citizens.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.34 - Contract Addendums in Addition to the General Conditions of Purchase

Current through June 14, 2024
A. In addition to the General Conditions of
				 Purchase, the additional contract Addenda ("GC Addenda") listed below shall
				 apply to specific types/categories of Contracts with the State at the direction
				 of the Division. The Division shall indicate any applicable GC Addenda in the
				 solicitation or other procurement. These GC Addenda shall be considered as
				 additional Contract terms and conditions with the State.
B. The GC Addenda may be amended from time to
				 time without Administrative Procedures Act promulgation and at the discretion
				 of the Division. The GC Addenda shall be considered contract terms and not
				 regulations.
C. The Division may
				 post the current GC Addenda on the Division's website for reference purposes
				 and/or may include with the solicitation. The GC Addenda includes the
				 following:
1. GC Addendum A - General
				 Insurance Requirements
2. GC
				 Addendum B - Information Technology Requirements
3. GC Addendum C - Public Works Project
				 Requirements (AIA Agreements)
4. GC
				 Addendum D - Agency Specific Federal Funding Requirements - Provides any
				 requirements imposed by federal partners.
5. GC Addendum E - Standard Business
				 Associates Agreement Requirements
6. GC Addendum F - Special Requirements -
				 Requirements not otherwise addressed in the General Conditions or GC Addenda
				 above.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 13 - General Conditions of Purchase › Section 220-RICR-30-00-13.35 - Severability

Current through June 14, 2024
If any section, term, or provision of this regulation
					 should be adjudged invalid for any reason, that judgment should not affect,
					 impair, or invalidate any remaining section, term, or provision, which shall
					 remain in full force and effect.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 14 - Vendor Suspension And Debartment › Section 220-RICR-30-00-14.2 - Authority

Current through June 14, 2024
This Part is promulgated pursuant to the authority granted
					 in R.I. Gen. Laws Chapter 37-2.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 14 - Vendor Suspension And Debartment › Section 220-RICR-30-00-14.3 - Definitions

Current through June 14, 2024
A. "Debarment" means exclusion from all
				 procurements and termination of all existing or outstanding contracts. A
				 debarred vendor cannot perform work as a subcontractor or subconsultant for the
				 State.
B. "Responsible bidder"
				 shall have the same meaning as set forth in R.I. Gen. Laws §
										37-2-15(6).
C. "Small disadvantaged business" means
				 either a "minority business enterprise" or "small disadvantaged businesses
				 owned and controlled by persons with disabilities", as defined below.
1. "Small disadvantaged businesses owned and
				 controlled by persons with disabilities" shall has the same meaning as set
				 forth in R.I. Gen. Laws §
											37-2.2-2.
2. "Minority business enterprise" shall have
				 the same meaning as set forth in R.I. Gen. Laws §
											37-14.1-3(f).
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 14 - Vendor Suspension And Debartment › Section 220-RICR-30-00-14.4 - Responsibility and Authority of the Purchasing Agent

Current through June 14, 2024
Unless notified in writing by the Chief Purchasing Officer
					 to the contrary, the Purchasing Agent shall be authorized to act on behalf of
					 the Chief Purchasing Officer in carrying out the responsibilities and authority
					 set forth herein for selection, evaluation, approval, debarment, suspension,
					 rejection, and restriction of vendors.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 14 - Vendor Suspension And Debartment › Section 220-RICR-30-00-14.5 - Suspension and Debarment

Current through June 14, 2024
A. Applicability
1. A suspension or debarment of any part of a
				 business entity constitutes suspension or debarment of all of its divisions,
				 officers, directors, owners and all other organizational elements, except where
				 the suspension or debarment has been specifically limited in scope and
				 application, and may include all known corporate affiliates of a business
				 entity, when such offense or act occurred in connection with the affiliate's
				 performance of duties for or on behalf of the business entity, or with the
				 knowledge, approval, or acquiescence of the business entity or one or more of
				 its principals or directors, or where the business entity otherwise
				 participated in, knew of, or had reason to know of the acts.
2. The fraudulent, criminal or other serious
				 improper conduct of any officer, director, shareholder, partner, employee, or
				 any other individual associated with a contractor may be imputed to the
				 contractor when the conduct occurred in connection with the individual's
				 performance of duties for or on behalf of the contractor, or with the
				 contractor's knowledge, approval, or acquiescence. The contractor's acceptance
				 of benefits derived from the conduct shall be evidence of such knowledge,
				 approval, or acquiescence.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 30 - Purchases › Subchapter 00 - N/A › Part 14 - Vendor Suspension And Debartment › Section 220-RICR-30-00-14.6 - Notification, Protest and Reconsideration

Current through June 14, 2024
A. The Purchasing
				 Agent shall notify in writing any vendor whom he or she intends to suspend or
				 debar. Notice shall be issued to the email address that the vendor has on file
				 with the Division of Purchases (or post office address if vendor email address
				 is not on file). Such notice shall:
1. State
				 the nature of and, in the case of suspension, the duration of the
				 sanction,
2. Provide the vendor
				 with the rationale for the decision, and
3. Provide a reasonable time for
				 reconsideration not less than fourteen (14) calendar days within which the
				 vendor may provide justification for why such action should not be
				 implemented.
4. If a suspension or
				 debarment is based upon charges of fraud or dishonesty pursuant to §§
											14.5(B)(3),
				   14.5(B)(7),
				   14.5(C)(2)(b)  or
				   14.5(C)(2)(f)     of this Part, the vendor may request an opportunity to be heard before the
				 Purchasing Agent prior to the issuance of the reconsideration
				 decision.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 40 - Human Resources › Subchapter 00 - N/A › Part 2 - IRS Publication 1075 - Background Check Process and Criteria › Section 220-RICR-40-00-2.1 - Statement of Need/Purposes

Current through June 14, 2024
A. Statement of Need
1. Employees and contractors of the State of
				 Rhode Island ("State") may, in some circumstances, have access to and/or work
				 with confidential information including, but not limited to, federal tax return
				 information, healthcare records, financial information, and confidential
				 business records. The State has an obligation to protect such information from
				 unauthorized inspection or disclosure. As part of this obligation, the State
				 must comply with the requirements of Publication 1075, Tax Information Security
				 Guidelines for Federal, State and Local Agencies. These requirements include a
				 background check of individuals who have access to sensitive
				 information.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 40 - Human Resources › Subchapter 00 - N/A › Part 2 - IRS Publication 1075 - Background Check Process and Criteria › Section 220-RICR-40-00-2.2 - Authority

Current through June 14, 2024
A. Internal Revenue Code ("IRC")
				 6103(p)(4)(C) provides: "[A]ny appropriate State officer (as defined in section
				 6104(c)) .
				 . . shall, as a condition for receiving or return information . . . (C)
				 restrict, to the satisfaction of the Secretary [of the Treasury], access to the
				 returns or return information only to persons whose duties or responsibilities
				 require access and to whom disclosure may be made under the provisions of this
				 title."
B. The FY 2020 State Budget
				 (House Bill No. 5151 SUB A as amended) included Article 3 (Sections 5-7),
				 Substitute A as amended, which enacted R.I. Gen Laws §§
										36-3-16 and
				  37-2-81.
				 These statutes expressly authorize background checks for State employees and
				 vendors with access to FTI. Additionally, R.I. Gen Laws §§
										36-3-16(h) 
				 and
				  37-2-81(k),
				 expressly authorize these regulations.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 40 - Human Resources › Subchapter 00 - N/A › Part 2 - IRS Publication 1075 - Background Check Process and Criteria › Section 220-RICR-40-00-2.3 - Definitions

Current through June 14, 2024
A. "Access" means the direct use, contact,
				 handling or viewing of federal tax information, as defined herein, in paper or
				 electronic form, regardless of the frequency, likelihood or extent of such
				 access.
B. "Department" means the
				 Department of Administration.
C.
				 "Disqualification" means the loss of eligibility to serve in a specific
				 position with access to FTI (as defined herein).
D. "Division" means the Division of Human
				 Resources.
E. "Federal Tax
				 Information" or "FTI" includes federal tax return or return information
				 received directly from the IRS or obtained through an authorized secondary
				 source, such as the Social Security Administration (SSA), Federal Office of
				 Child Support Enforcement (OCSE), Bureau of the Fiscal Service (BFS), Centers
				 for Medicare and Medicaid Services (CMS), or another entity acting on behalf of
				 the IRS pursuant to an IRC 6103(p)(2)(B) Agreement.
1. FTI expressly excludes information
				 received directly from taxpayers or third-parties. (IRS Publication 1075
				 Section 1.4.4).
2. FTI may include
				 Personally Identifiable Information (PII). FTI may include the following PII
				 elements:
a. Name of a person with respect to
				 whom a return is filed.
b. Taxpayer
				 mailing address.
c. Taxpayer
				 identification number.
d. E-mail
				 addresses.
e. Telephone
				 numbers.
f. Social Security
				 Numbers.
g. Bank account
				 numbers.
h. Date and place of
				 birth.
i. Mother's maiden
				 name.
j. Biometric data (e.g.,
				 height, weight, eye color, fingerprints).
k. Any combination of the above.
3. FTI converted into a new medium
				 by the State remains FTI.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 40 - Human Resources › Subchapter 00 - N/A › Part 2 - IRS Publication 1075 - Background Check Process and Criteria › Section 220-RICR-40-00-2.4 - Requirements for Positions with Access to FTI

Current through June 14, 2024
A.
				 Applicants/Transfers/New Employees in Positions with Access to FTI
1. All new applicants selected for interview,
				 including rehires and transfers, applying for a position of State employment
				 with access to FTI, not before the time of the interview and/or prior to an
				 employment offer, shall:
a. Disclose whether
				 such applicant has ever been convicted of a Preliminary Disqualifying Offense
				 and/or to include, but not limited to entering any admission or plea (nolo
				 contendere, Alford or other) and/or having received any sentence, filing,
				 probation or fine and/or whether criminal charges are pending against such
				 applicant. In the event thereof, the applicant must identify the charges, the
				 disposition and the court in which such charges are or had been pending. The
				 Department shall consider the disclosures made under this provision in
				 accordance with factors outlined in §§
												2.5(D)
				 (1)(a-f)     of this Part;
b. Consent to a criminal history record
				 check;
c. Be fingerprinted and
				 submit to a State and National background check; and
d. Submit to E-Verify validation of the
				 applicant's eligibility to work in the United States. Any and all new State
				 employees who work at a Site identified by the Department to contain access to
				 FTI may be subject to E-Verify verification.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 40 - Human Resources › Subchapter 00 - N/A › Part 2 - IRS Publication 1075 - Background Check Process and Criteria › Section 220-RICR-40-00-2.5 - General Provisions and Process

Current through June 14, 2024
A. Generally
1. Access to FTI is permitted only to
				 individuals who require FTI (as defined herein) to perform their official
				 duties and as authorized under the IRC. FTI must never be indiscriminately
				 disseminated, even within the recipient agency, body, or commission. Agencies
				 must evaluate the need for FTI before the data is requested or disseminated.
				 (IRS Publication 1075 Section 1.4.5)
2. All Executive Branch applicants and
				 employees with access to FTI shall be subject to these regulations.
3. Applicants and employees from the Judicial
				 or Legislative Branches who receive FTI shall voluntarily either submit to the
				 requirements of these regulations or shall be subject to their own requirements
				 approved by the IRS as a condition to receive FTI from the Executive
				 Branch.
4. The State of Rhode
				 Island is not liable for any background check errors or omissions, including
				 conviction records, that it receives from state or federal agencies in
				 connection with any background checks conducted in accordance with this
				 regulation. In making any decisions with regard to new or existing employment,
				 the Department will rely on the information received from federal or state law
				 enforcement agencies and consider said Reports to be true, accurate, and
				 complete, unless determined otherwise as a result of a dispute in accordance
				 with the procedures provided herein.
5. The Division of Human Resources, with
				 cooperation from the agencies, shall be responsible for coordinating the
				 background check process and providing notice to affected applicants or
				 existing employees and the agency employer.
a.
				 The Division of Human Resources shall promptly notify an agency and the
				 applicant/employee that it has received a report that would disqualify the
				 applicant or employee from a position with access to FTI.
6. It is the responsibility of the applicant
				 or employee to correct any errors in any reports received and do so within
				 fifteen (15) business days from the time notice and the Report is sent, unless
				 otherwise granted an extension by the Personnel Administrator in writing. After
				 fifteen (15) business days, determinations made by the State are
				 final.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 40 - Human Resources › Subchapter 00 - N/A › Part 2 - IRS Publication 1075 - Background Check Process and Criteria › Section 220-RICR-40-00-2.6 - Severability

Current through June 14, 2024
If any provision of this regulation or the application
					 thereof to any individual or circumstance is held invalid, such invalidity
					 shall not affect the provisions or application of the remaining portions of the
					 regulation which can be given effect. The provisions of these rules and
					 regulations are declared to be severable.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 50 - Legal Services › Subchapter 05 - General › Part 1 - Access to Public Records Maintained by the Department of Administration (220-RICR-50-05-1) › Section 220-RICR-50-05-1.1 - Authority

Current through June 14, 2024
A. R.I. Gen. Laws §
										38-2-3(d) 
				 provides in part that each public body shall establish written procedures
				 regarding access to public records and that a copy of these procedures shall be
				 posted on the public body's website.
B. R.I. Gen. Laws §
										42-35-2(a)(1) 
				 states that each agency shall publish and make available for public inspection
				 a description of its organization, stating the general course and method of its
				 operations and the methods whereby the public may obtain information or make
				 submissions or requests.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 50 - Legal Services › Subchapter 05 - General › Part 1 - Access to Public Records Maintained by the Department of Administration (220-RICR-50-05-1) › Section 220-RICR-50-05-1.2 - Purposes and Policy

Current through June 14, 2024
A. To establish a
				 defined public records procedure for the Department of Administration
				 ("Department") which is consistent with requirements of the Rhode Island Access
				 to Public Records Act ("APRA"), R.I. Gen. Laws §
										38-2-1, et
				 seq. as amended.
B. To facilitate
				 open and transparent government at the Department to the greatest extent
				 possible, while balancing privacy rights of the public, employees and vendors
				 of the State.
C. To recognize the
				 public's right to access public records while balancing an individual's right
				 to be protected from an unwarranted invasion of personal privacy.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 50 - Legal Services › Subchapter 05 - General › Part 1 - Access to Public Records Maintained by the Department of Administration (220-RICR-50-05-1) › Section 220-RICR-50-05-1.3 - Definitions

Current through June 14, 2024
A. "APRA" means the Rhode Island Access to
				 Public Records Act, R.I. Gen. Laws §
										38-2-1 et.
				 seq.
B. "Department" means the
				 Rhode Island Department of Administration.
C. "Readily Available" means records which
				 are published in a formal manner for the public by the Department or as
				 required by law.
D. "Records" means
				 all documents, papers, letters, maps, books, tapes, photographs, films, sound
				 recordings, magnetic or other tapes, electronic data processing records,
				 computer stored data (including electronic mail messages, except specifically
				 for any electronic mail messages of or to elected officials with or relating to
				 those they represent and correspondence of or to elected officials in their
				 official capacities) or other material regardless of physical form or
				 characteristics made or received pursuant to law or ordinance or in connection
				 with the transaction of official business by any agency.
E. "Request" means a submission asking for
				 specific Records to be provided in accordance with the provisions and process
				 stated herein.
F. "Requestor" means
				 a person or entity making a Request for Records to the Department.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 50 - Legal Services › Subchapter 05 - General › Part 1 - Access to Public Records Maintained by the Department of Administration (220-RICR-50-05-1) › Section 220-RICR-50-05-1.4 - Procedure for Requesting Public Records

Current through June 14, 2024
A. Records which
				 are Readily Available for distribution or inspection may be requested or
				 reviewed at the Department on weekdays between the hours of 8:30 AM and 3:30
				 PM. Individuals are strongly encouraged to view the Department's website and/or
				 the website of individual divisions within the Department to determine whether
				 the Records being sought are posted online. If a Requestor has any questions
				 about the availability of Readily Available Records, the Requestor should
				 contact the office/division within the Department responsible of the Readily
				 Available Records. The Department's contact information is located on the
				 Department's website.
B. A Request
				 for Records to the Department which are not Readily Available shall be
				 submitted through one (1) of the following means:
1. Through the Access to Public Records page
				 of the State of Rhode Island's Transparency Portal or another internet portal
				 approved by the Department.
2.
				 Through a centralized APRA email address to be established by the Department,
				 which will be posted on the Department's website.
3. APRA Requests not electronically submitted
				 through the Transparency Portal or another internet portal approved by the
				 Department, or the Department's centralized APRA email shall be submitted in
				 person, by mail or fax to:
a. For Department
				 Records:
Public Records Officer
Division of Legal Services
Department of Administration
One Capitol Hill, 4th Fl
Providence, Rhode Island 02908
Fax: (401) 222-8244
Tel: (401) 222-8880
Or:
Director of Administration
Department of Administration
One Capitol Hill, 4th Fl
Providence, Rhode Island 02908
Fax: (401) 222-6436
Tel: (401) 222-2280
b.
				 For Department Records which are related to the procurement of goods or
				 services, including, but not limited to, bid documents, proposals or contracts
				 with vendors:
Attn: APRA Requests
Division of Purchases
One Capitol Hill, 2nd Fl.
Providence, Rhode Island 02908
Fax: (401) 222-8244
Tel: (401) 574-8100
(1)
				 Individuals or entities making a request for procurement Records, are
				 encouraged to visit the Division of Purchases' website to check whether the
				 requested Records are available online and/or to check the status of a
				 solicitation. Certain procurement records (i.e. proposals) may not be available
				 until after the solicitation has been awarded.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 50 - Legal Services › Subchapter 05 - General › Part 1 - Access to Public Records Maintained by the Department of Administration (220-RICR-50-05-1) › Section 220-RICR-50-05-1.5 - Inspection of Records

Current through June 14, 2024
A. In the event
				 that a Requestor wishes to inspect Department Records and does not wish to be
				 provided with copies, the Department will send instructions to set up an
				 appointment for a time to inspect the Department Records that are not otherwise
				 exempt from public disclosure or are currently in use. The Department does not
				 have a copy machine available for use by the public to make copies.
B. In accordance with R.I. Gen. Laws §
										38-2-3(f),
				 as amended, if a public Record is in active use or in storage and, therefore
				 not available at the time the individual or entity requests access, the
				 Department will inform the requestor and make an appointment to examine such
				 Records as expeditiously as the Records may be made available. After the person
				 is advised that the Records are available, he/she can make an appointment to
				 inspect the Records at the Department during the business hours of 8:30 a.m.
				 and 3:30 p.m., Monday through Friday, by calling the Division of Legal Services
				 at (401) 222-8880 for non-procurement related records, or by calling the
				 Division of Purchases at (401) 574-8100 for procurement records.
C. All the provisions stated herein shall
				 apply equally for a Request for inspection of the original Records.
D. The Department shall supervise the
				 Requestor's inspection of Records. No original Records shall be removed from
				 the location of inspection by the Requestor. The inspection of public records
				 must be accomplished in a manner which will provide for general supervision by
				 authorized Department staff. This procedure is necessary to prevent the
				 misplacement or unauthorized removal of Records or any other action which may
				 impair the integrity of Records.
E.
				 Personnel in charge of the division within the Department having possession of
				 the Record requested shall have overall responsibility for the security of the
				 Requested Record. However, the individual in charge of that Division may
				 designate a staff member(s) to assist in the search, retrieval, and copying of
				 Records.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 50 - Legal Services › Subchapter 05 - General › Part 1 - Access to Public Records Maintained by the Department of Administration (220-RICR-50-05-1) › Section 220-RICR-50-05-1.6 - Costs

Current through June 14, 2024
A. Official publications which the Department
				 prepares in the discharge of its duties to inform the public on matters of
				 public interest are considered Readily Available and will be furnished free of
				 charge for one (1) copy. The Department 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 Department are on file at the Office of the Secretary of
				 State and certified copies thereof may be obtained from that Office.
B. Consistent with APRA, the Department may
				 charge a fee for copying and/or search and retrieval of requested Records. The
				 Department shall not charge more than $0.15 per copied or scanned page.
				 However, if the response to the Request consists of fifty (50) or fewer copied
				 pages, no fee will be charged. Multiple Requests by the same Requestor within a
				 30 day time period shall be added together for calculating of cost purposes.
				 The Department may also charge an hourly fee of up to $15.00 per hour for the
				 search and retrieval time required to respond to a Request, whether the Request
				 seeks copies of Records or seeks to inspect original Records. There is no
				 charge for the first hour of search and retrieval time. Search and retrieval
				 time shall include the time to review and redact Records for information and/or
				 Records that may be exempt from disclosure. Additionally, the Department may
				 charge for the actual supply costs for providing Records (i.e. a CD/ROM for
				 electronic records) and shipping charges in the event that the Requestor is not
				 willing to pick up the Records.
C.
				 Upon request, the Department will provide the Requester with an estimate of the
				 copying, search and retrieval costs prior to responding to the
				 Request.
D. As stated above in
				 §
										1.4(F)     of
				 this Part, the Department, in its reasonable discretion, may also require the
				 Requestor to provide prepayment and/or a deposit in order to proceed with the
				 Request. The Department shall, however, charge the actual costs for copies,
				 search and retrieval time. The Department reserves the right to require a
				 deposit of the estimated costs if the estimated costs are to exceed fifty
				 dollars ($50.00).
E. The actual
				 cost of copying, search and retrieval shall be paid in advance by check or
				 money order made payable to the "RI General Fund" and submitted in accordance
				 with the instructions provided by the Department for the records to be provided
				 to the Requestor.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 50 - Legal Services › Subchapter 05 - General › Part 1 - Access to Public Records Maintained by the Department of Administration (220-RICR-50-05-1) › Section 220-RICR-50-05-1.7 - Appeals

Current through June 14, 2024
A. Any person or entity denied the right to
				 inspect a Record of a public body may petition the Department's chief
				 administrative officer for a review of the determinations made by his or her
				 subordinate. All appeals to the Chief Administrative Officer at the Department
				 shall be directed to:
Director of Administration
Department of Administration
One Capitol Hill, 4th Fl
Providence, Rhode Island 02908
ATTENTION: APRA Appeal
B.
				 The chief administrative officer shall make a final determination within ten
				 (10) business days after the submission of the appeal. In accordance with APRA,
				 the Requestor may also otherwise appeal to the Rhode Island Attorney General or
				 bring suit in the Superior Court, County of Providence.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 50 - Legal Services › Subchapter 05 - General › Part 1 - Access to Public Records Maintained by the Department of Administration (220-RICR-50-05-1) › Section 220-RICR-50-05-1.8 - Severability

Current through June 14, 2024
If any provision of this Regulation or the application
					 thereof to any individual or circumstances is held invalid, such invalidity
					 shall not affect the provisions or application of the remaining portions of the
					 regulation which can be given effect. The provisions of these rules and
					 regulations are declared to be severable.
Rhode Island Code of Regulations › Title 220 - Department of Administration › Chapter 50 - Legal Services › Subchapter 05 - General › Part 2 - Rules of Procedure for Investigating, Prosecuting, and Adjudicating Allegations against Notaries Public (220-RICR-50-05-2) › Section 220-RICR-50-05-2.1 - Introduction

Current through June 14, 2024
A. These Rules of Practice and Procedure
				 ("Rules") are adopted by the Rhode Island Department of Administration
				 ("Department") as a result of Exec. Order No. 09-08, and pursuant to R.I. Gen.
				 Laws §§
										42-11-1 et seq.,
				 42-35-1 et
				 seq. and
				 42-92-1 et
				 seq. for the purpose of investigating, prosecuting and adjudicating claims and
				 charges against duly commissioned notaries in accordance with R.I. Gen. Laws
				 §
										42-30-10.
				 Issues not addressed in these Rules or for which any party seeks clarification
				 are to be considered in light of R.I. Gen. Laws §§
										42-11-1 et seq. and
				 42-35-1 et
				 seq.
B. These Rules shall govern
				 the conduct of Notary Public investigations, prosecutions, and adjudications
				 before the Department commenced after their effective date. These Rules shall
				 be liberally construed to further the fair, prompt and orderly administration
				 and determination of adjudicatory proceedings in conformity with the Rhode
				 Island Administrative Procedures Act, R.I. Gen. Laws §
										42-35-1 et
				 seq. These Rules incorporate the Standards of Conduct for Notaries Public in
				 the State of Rhode Island referenced and endorsed in Exec. Order No. 09-25
				 ("Standards") available from the Secretary of State's website. Currently found
				 at
http://www.sos.ri.gov/divisions/Notary-Public/notary-complaints
.