reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 8 - Standards for Safeguarding Customer Information › Section 230-RICR-20-60-8.7 - Assess Risk

Current through June 14, 2024
A. The licensee:
1. Identifies reasonably foreseeable internal
				  or external threats that could result in unauthorized disclosure, misuse,
				  alteration or destruction of customer information or customer information
				  systems;
2. Assesses the likelihood
				  and potential damage of these threats, taking into consideration the
				  sensitivity of customer information; and
3. Assesses the sufficiency of policies,
				  procedures, customer information systems and other safeguards in place to
				  control risks.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 8 - Standards for Safeguarding Customer Information › Section 230-RICR-20-60-8.8 - Manage and Control Risk

Current through June 14, 2024
A. The licensee:
1. Designs its information security program
				  to control the identified risks, commensurate with the sensitivity of the
				  information, as well as the complexity and scope of the licensee's
				  activities;
2. Trains staff, as
				  appropriate, to implement the licensee's information security program;
				  and
3. Regularly tests or otherwise
				  regularly monitors the key controls, systems and procedures of the information
				  security program. The frequency and nature of these tests or other monitoring
				  practices are determined by the licensee's risk assessment.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 8 - Standards for Safeguarding Customer Information › Section 230-RICR-20-60-8.9 - Oversee Service Provider Arrangements

Current through June 14, 2024
A. The licensee:
1. Exercises appropriate due diligence in
				  selecting its service providers; and
2. Requires its service providers to
				  implement appropriate measures designed to meet the objectives of this
				  regulation, and, where indicated by the licensee's risk assessment, takes
				  appropriate steps to confirm that its service providers have satisfied these
				  obligations.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 8 - Standards for Safeguarding Customer Information › Section 230-RICR-20-60-8.10 - Adjust the Program

Current through June 14, 2024
The licensee monitors, evaluates and adjusts, as
					 appropriate, the information security program in light of any relevant changes
					 in technology, the sensitivity of its customer information, internal or
					 external threats to information, and the licensee's own changing business
					 arrangements, such as mergers and acquisitions, alliances and joint ventures,
					 outsourcing arrangements and changes to customer information
					 systems.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 8 - Standards for Safeguarding Customer Information › Section 230-RICR-20-60-8.11 - Notification of Breach of Security System

Current through June 14, 2024
A licensee that is required to send a disclosure of a
					 breach of the security of computerized unencrypted data that poses a
					 significant risk of identity theft pursuant to Rhode Island Identity Theft
					 Protection Act of 2015 (R.I. Gen Laws §
										11-49.3-4) is also required to
					 send a notice of the breach to the Rhode Island Department of Business
					 Regulation. The disclosure to the Department shall be made in the most
					 expedient time possible and without unreasonable delay consistent with the
					 disclosure required in the R.I. Gen. Laws §
										11-49.3-4.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 8 - Standards for Safeguarding Customer Information › Section 230-RICR-20-60-8.12 - Severability

Current through June 14, 2024
If any section, term, or provision of this Part should be
					 adjudged invalid for any reason, that judgment should not effect, impair, or
					 invalidate any remaining section, term, or provision, which shall remain in
					 full force and effect.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 9 - Service of Process › Section 230-RICR-20-60-9.1 - Authority

Current through June 14, 2024
This Part is promulgated in accordance with R.I. Gen. Laws
					 §§
										27-2-13,
					 27-2-14,
					 27-3-41,
					 27-6-23,
					 27-6-34,
					 27-9-22,
					 27-9-31,
					 27-16-1.4,
					 27-44-8,
					 27-43-3,
					 27-44-9,
					 27-71-3 and
					 42-14-17.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 9 - Service of Process › Section 230-RICR-20-60-9.2 - Scope

Current through June 14, 2024
This Part applies to service of process on insurance
					 companies and insurance related licensees doing business in the State of Rhode
					 Island.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 9 - Service of Process › Section 230-RICR-20-60-9.3 - Purpose

Current through June 14, 2024
The purpose of this Part is to provide an efficient and
					 orderly process by which persons who have a claim against an insurance company
					 or licensee doing business in this state may effectuate service of
					 process.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 9 - Service of Process › Section 230-RICR-20-60-9.4 - Definitions

Current through June 14, 2024
A. As used in this Part
1. "Advisory organization" means an
				  organization as defined by R.I. Gen. Laws §§
											27-6-33,
				  27-9-30 and
				  27-44-9.
2. "Captive insurer" means an insurer
				  licensed pursuant to R.I. Gen. Laws §
											27-43-3.
3. "Domestic insurance company" means an
				  insurance company domiciled in Rhode Island and licensed pursuant to R.I. Gen.
				  Laws Chapter 27-1.
4. "FAIR plan"
				  means the Fair Access to Insurance Requirements organization established
				  pursuant to R.I. Gen. Laws §
											27-33-2.
5. "Foreign insurance company" means an
				  insurance company domiciled in another state or jurisdiction and licensed in
				  the State of Rhode Island pursuant to R.I. Gen. Laws Chapter 27-2.
6. "Fraternal benefit society" means an
				  incorporated society licensed pursuant to R.I. Gen. Laws §
											27-25-27.
7. "Insurance Commissioner" means the
				  Director of the Department of Business Regulation or his or her
				  designee.
8. "Insurance Division"
				  means the Division of the Department of Business Regulation that regulates
				  insurance.
9. "Life settlements
				  provider and broker" means a person who is licensed to enter into life
				  settlement contracts pursuant to R.I. Gen. Laws §
											27-71-3(provider)
				  or licensed to negotiate life settlement contracts pursuant to R.I. Gen. Laws
				  §
											27-71-3(broker).
10. "MMJUA" means the Medical Malpractice
				  Joint Underwriting Association established under R.I. Gen. Laws Chapter
				  42-14.1.
11. "Rating organization"
				  means a person or entity licensed pursuant to R.I. Gen. Laws §§
											27-6-23,
				  27-9-22 and
				  27-44-8.
12. "Reciprocal exchange or interinsurer"
				  means an exchange or interinsurer licensed pursuant to R.I. Gen. Laws §
											27-17-6.
13. "Surplus lines insurance companies" means
				  all insurers included on the approved surplus lines list maintained by the
				  Division of Insurance in accordance with R.I. Gen. Laws §
											27-3-38.
14. "Unlicensed insurer" means any person or
				  entity insuring risks within the State of Rhode Island pursuant to R.I. Gen.
				  Laws §
											27-16-1.2.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 9 - Service of Process › Section 230-RICR-20-60-9.5 - Service of Process

Current through June 14, 2024
A. In order to
				  effectuate service of process the following items must be included in the
				  documents delivered to the Department:
1. The
				  exact name of the entity being served;
2. One copy of the Summons and Complaint or
				  Subpoena;
3. A check in the amount
				  of twenty-five dollars ($25.00) for each entity being served payable to General
				  Treasurer, State of Rhode Island;
4. A cover letter with an email address if
				  confirmation of receipt is requested.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 9 - Service of Process › Section 230-RICR-20-60-9.6 - Insurers and Entities for which Department is not Authorized to Accept Service of Process

Current through June 14, 2024
A. The Department is
				  not statutorily authorized to and will not accept service of process on the
				  following entities. These entities must be served through the agent for service
				  of process designated by the entity as indicated below.
1. Domestic Insurance Companies.
a. All domestic insurance companies in the
				  State of Rhode Island shall designate an agent for service of process with
				  offices located within the State of Rhode Island. This includes, but is not
				  limited to, a statement that the insurer will accept process at its corporate
				  headquarters located within the State of Rhode Island.
b. Insurers shall inform the Insurance
				  Division of their designation of an agent for service of process. The Insurance
				  Division shall be notified promptly of all changes to this designation. If such
				  a notification was made prior to the effective date of this Part, that
				  notification will suffice and insurers need only inform the Insurance Division
				  of changes to the designation.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 9 - Service of Process › Section 230-RICR-20-60-9.7 - Obligations of Licensees

Current through June 14, 2024
A. All licensed
				  foreign insurers, reciprocal exchanges and interinsurers, fraternal benefit
				  societies and nonresident reinsurance intermediaries shall inform the Insurance
				  Division of exactly where process received by the Insurance Division on the
				  insurers behalf shall be forwarded and all changes that designation.
B. All licensed foreign insurers reciprocal
				  exchanges and interinsurers, fraternal benefit societies and nonresident
				  reinsurance intermediaries shall respond promptly to all service forwarded by
				  the Insurance Division as their agent for service of process.
C. All insurance licensees shall be familiar
				  with Rhode Island Superior Court Rule  4(d)   which provides for waiver of service
				  of process by persons attempting to effectuate service.
a. The Insurance Division expects that
				  insurance licensees will promptly respond to all requests for waiver of service
				  of process and do everything necessary to assure that no party to a lawsuit
				  incur unnecessary costs associated with service of process.
b. Insurance licensees should note that it is
				  their duty to avoid unnecessary costs associated with service of summons
				  pursuant to Rhode Island Superior Court Rule  4(d)(2).
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 9 - Service of Process › Section 230-RICR-20-60-9.8 - Severability

Current through June 14, 2024
If any provision of this Part or the application thereof to
					 any person or circumstances is held invalid or unconstitutional, the invalidity
					 or unconstitutionality shall not affect other provisions or applications of
					 this Part which can be given effect without the invalid or unconstitutional
					 provision or application, and to this end the provisions of this Part are
					 severable.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 10 - Life Settlements (230-RICR-20-60-10) › Section 230-RICR-20-60-10.1 - Authority

Current through June 14, 2024
This Part is promulgated in accordance with R.I. Gen. Laws
					 §
										27-72-12.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 10 - Life Settlements (230-RICR-20-60-10) › Section 230-RICR-20-60-10.2 - Scope

Current through June 14, 2024
This Part applies to the business of life settlements as
					 defined by R.I. Gen. Laws §
										27-72-2(3).
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 10 - Life Settlements (230-RICR-20-60-10) › Section 230-RICR-20-60-10.3 - Purpose

Current through June 14, 2024
The purpose of this Part is to establish standards and
					 procedures for the licensing of life settlement brokers and providers; to
					 govern the conduct of life settlement brokers and providers and to establish
					 standards for contract forms, disclosures and advertising in Rhode
					 Island.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 10 - Life Settlements (230-RICR-20-60-10) › Section 230-RICR-20-60-10.4 - Definitions

Current through June 14, 2024
A. All definitions included in R.I. Gen. Laws
				  §
										27-72-2 are hereby incorporated as
				  if fully set forth herein. As used in this Part:
1. "Department " means the Department of
				  Business Regulation, Insurance Division.
2. "Insurance Commissioner" or "Commissioner"
				  means the Director of the Department of Business Regulation or his or her
				  designee.
3. "NAIC" means the
				  National Association of Insurance Commissioners.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 10 - Life Settlements (230-RICR-20-60-10) › Section 230-RICR-20-60-10.5 - Broker Licensing and Conduct

Current through June 14, 2024
A. No person may
				  engage in or hold himself or herself out to be engaging in life settlement
				  brokering in Rhode Island unless that person:
1. Holds a current valid license as a Rhode
				  Island Life Settlement Broker, or
2. Obtains a license within the thirty (30)
				  days of the activities requiring licensure as set forth in R.I. Gen. Laws
				  §
											27-72-3(d),
				  or
3. Is licensed as an attorney,
				  certified public accountant or financial planner accredited by a nationally
				  recognized accreditation agency and who is retained to represent the owner and
				  whose compensation is not paid directly or indirectly by the provider or any
				  other person except the owner. Such persons may negotiate life settlement
				  contracts on behalf of owners without having to obtain a license as a
				  broker.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 10 - Life Settlements (230-RICR-20-60-10) › Section 230-RICR-20-60-10.6 - Provider Licensing

Current through June 14, 2024
A. No person may
				  act as or hold himself or herself out as a life settlement provider without
				  first obtaining a license from the Department.
B. Every applicant for a provider license
				  must submit an application to the Department. Applicants must fulfill the
				  requirements set forth in the application and pay a fee of one thousand dollars
				  ($1,000) to the Department. The items to be filed shall include:
1. A copy of the most recent audited
				  financial statement, or if an audited financial statement is not available, the
				  Department may accept a financial statement certified as true and accurate by
				  the chief financial officer of the applicant. If the provider does not have a
				  Chief Financial Officer it must so state and be certified by the Chief
				  Executive Officer or President. The financial statement must demonstrate
				  suitable fiscal soundness and capacity for the life settlement provider to
				  operate and meet its obligations.
2. A copy of articles of incorporation and
				  by-laws of the applicant.
3. A
				  listing of officer and directors, NAIC Biographical Affidavits for each
				  officer, director, partner or sole proprietor and a detailed description of
				  ownership of the provider.
4. A
				  detailed plan of operation that addresses:
a.
				  A description of the organizational structure of the applicant and all
				  affiliates.
b. A description of the
				  procedures used by the applicant to ensure that life settlement proceeds will
				  be sent to the owner within three business days.
c. A description of the procedures used by
				  the applicant to ensure that the insured's identity, identification data,
				  financial and medical information are kept confidential.
d. A description of the applicants' anti
				  fraud program.
e. Copies of all
				  contracts, applications and disclosure forms intended for use in Rhode Island.
				  These documents must include the consumer disclosure form to be used with
				  regard to every contract entered into in Rhode Island.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 10 - Life Settlements (230-RICR-20-60-10) › Section 230-RICR-20-60-10.7 - Conduct of All Licensees

Current through June 14, 2024
A. A broker or
				  provider doing business under any name other than the broker or providers'
				  legal name is required to notify and obtain the consent of the Department prior
				  to using the assumed name.
B. A
				  broker or provider shall inform the Department in writing of any change of
				  address or name within thirty (30) days of the change.
C. If a broker or provider holds a
				  professional license, including but not limited to an insurance or life
				  settlement license, in any other state, he or she shall immediately notify the
				  Department if his or her license is suspended or revoked or not renewed for any
				  reason.
1. Within thirty (30) days of the
				  initial pretrial hearing date, the broker or provider shall report to the
				  Department any criminal prosecution of the broker or provider taken in any
				  jurisdiction. The report shall include a copy of the initial complaint filed,
				  the order resulting from the hearing, and any other relevant legal
				  documents.
2. Within thirty (30)
				  days of final administrative action the broker or provider shall report to the
				  Department any administrative action taken against the broker or provider in
				  another jurisdiction or by another governmental agency in this state. This
				  report shall include all relevant legal documents.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 10 - Life Settlements (230-RICR-20-60-10) › Section 230-RICR-20-60-10.8 - Life Settlement Contract Forms, Disclosures and Advertisements Filing Requirements

Current through June 14, 2024
A. Providers shall
				  file with and receive approved for every life settlement contract form,
				  application form and disclosure form to be used with regard to life settlements
				  contracts in Rhode Island. The forms shall contain the following minimum
				  provisions.
1. Contract Forms. Life
				  Settlement contracts shall contain all of the following:
a. A provision setting forth the requirements
				  of R.I. Gen. Laws §
												27-72-9(a)(5)
				  describing the owner's right of rescission and the actions which the owner must
				  take to exercise that right;
b. A
				  provision stating that failure to tender the life settlement contract proceeds
				  to the owner by the date disclosed to the owner shall render the life
				  settlement contract voidable by the owner for lack of consideration until the
				  time the proceeds are tendered to and accepted by the owner;
c. A provision that the contract together
				  with the application shall constitute the entire contract between the
				  parties.
d. If the life settlement
				  provider has agreed to continue any supplemental benefits under the life
				  insurance policy, a provision setting forth the terms upon which such benefits
				  will be continued.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 10 - Life Settlements (230-RICR-20-60-10) › Section 230-RICR-20-60-10.9 - Denial, Nonrenewal, Suspension or Revocation of Licenses

Current through June 14, 2024
A. The Department may deny an application for
				  a broker or provider or revoke or suspend a license, or deny renewal of a
				  license for the following:
1. Failing to
				  respond to any written inquiry (including electronic communications) from the
				  Department within fifteen (15) days of receipt of such inquiry.
2. Providing incorrect, misleading,
				  incomplete or materially untrue information in the license
				  application.
3. Violating any Rhode
				  Island law or regulation, subpoena or order of the Department or of another
				  state's insurance commissioner.
4.
				  Obtaining or attempting to obtain a license through misrepresentation or
				  fraud.
5. Being convicted of a
				  felony.
6. Having admitted or been
				  found to have committed any unfair insurance trade practice, fraud or
				  fraudulent life settlement act.
7.
				  Using fraudulent, coercive, or dishonest practices or demonstrating
				  incompetence, untrustworthiness or financial irresponsibility in this state or
				  in another place.
8. Having a life
				  settlement license or insurance producer license or its equivalent, denied,
				  suspended or revoked in any other state, province, district or
				  territory.
9. Forging another's
				  name to any document.
10. Failing
				  to comply with an administrative or court order imposing a child support
				  obligation.
11. Failing to pay
				  state income tax or comply with any administrative or court order directing
				  payment of state income tax.
12.
				  Failure to pay an assessment made by the Department.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 10 - Life Settlements (230-RICR-20-60-10) › Section 230-RICR-20-60-10.10 - Provider Reporting Requirements

Current through June 14, 2024
A. Each provider
				  must file a report on an annual basis reporting information for the previous
				  calendar year no later than March 1 of the succeeding year.
1. The first report is due on March 1, 2011
				  and will reflect the information for each provider from the effective date of
				  R.I. Gen. Laws Chapter 27-72 to December 31, 2010.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 10 - Life Settlements (230-RICR-20-60-10) › Section 230-RICR-20-60-10.11 - Assessments

Current through June 14, 2024
A. The Department may assess brokers and
				  providers for the following:
1. To review
				  contract forms and disclosures filed with the Department.
2. To review advertisements filed with the
				  Department.
3. To review the annual
				  report filed with the Department by providers pursuant to §
											10.10   of this
				  Part.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 20 - Insurance › Subchapter 60 - Miscellaneous › Part 10 - Life Settlements (230-RICR-20-60-10) › Section 230-RICR-20-60-10.12 - Severability

Current through June 14, 2024
If any provision of this Part or the application thereof to
					 any person or circumstances is held invalid or unconstitutional, the invalidity
					 or unconstitutionality shall not affect other provisions or applications of
					 this Part which can be given effect without the invalid or unconstitutional
					 provision or application, and to this end the provisions of this Part are
					 severable.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 05 - Auto Body › Part 1 - Automobile Body Shop Storage Rates › Section 230-RICR-30-05-1.1 - Authority

Current through June 14, 2024
This Part is promulgated by the Department of Business
					 Regulation ("Department") pursuant to the authority granted in R.I. Gen. Laws
					 §
										5-38-27.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 05 - Auto Body › Part 1 - Automobile Body Shop Storage Rates › Section 230-RICR-30-05-1.2 - Purpose

Current through June 14, 2024
A. The purpose of this Part is to:
1. Provide definitions for terms related to
				  the imposition of storage fees;
2.
				  Establish reasonable maximum rates that may be charged by automobile body
				  repair shops licensed pursuant to R.I. Gen. Laws §
											5-38-1 et seq . for storage of
				  automobiles;
3. Clarify different
				  categories of storage fees and charges; and
4. Provide standard procedures for the notice
				  and imposition of storage fees.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 05 - Auto Body › Part 1 - Automobile Body Shop Storage Rates › Section 230-RICR-30-05-1.3 - Definitions

Current through June 14, 2024
A. "Day" means each calendar day in which the
				  vehicle is on the premises of the automobile body repair shop for eight (8)
				  hours or more.
B. "Storage" means
				  vehicles stored in a secured, lighted area surrounded by a six-foot or higher
				  fence, with a reasonable and operational security system.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 05 - Auto Body › Part 1 - Automobile Body Shop Storage Rates › Section 230-RICR-30-05-1.4 - Maximum Rates of Storage

Current through June 14, 2024
The maximum rates of Storage that may be charged by an
					 automobile body repair shop for storage of a vehicle shall be consistent with
					 the storage rate set for vehicle storage by the Division of Public Utilities
					 and Carriers ("DPUC") pursuant to its jurisdiction over tow away motor vehicle
					 operations under R.I. Gen. Laws Chapters 39-12 and 39-12.1.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 05 - Auto Body › Part 1 - Automobile Body Shop Storage Rates › Section 230-RICR-30-05-1.5 - Storage Charges Prohibited for Repaired Vehicles

Current through June 14, 2024
A. Automobile body repair shops shall not
				  charge Storage fees for vehicles to which repairs have been completed, unless
				  the automobile body repair shop complies with §§
										1.5(B)(1)  through
				   1.5(B)(3)   of this Part.
B. Storage
				  fees may only be charged for a vehicle to which repairs have been completed
				  provided that:
1. The automobile body repair
				  shop has given written notice to the vehicle owner, sent certified mail return
				  receipt requested, of the completion of repairs, and of the automobile body
				  repair shop's right to charge Storage fees seven (7) days after the owner or a
				  household member received notice as indicated by the return receipt of
				  certified mail;
2. Storage fees
				  shall commence on the seventh (7th) day after the owner or a household member
				  received the written notice evidenced by return receipt from the post
				  office;
3. If eight (8) days after
				  receiving written notice from the automobile body repair shop as required in
				  §
											1.5(B)(1)   of this Part, the owner has failed to contact the automobile
				  body repair shop, then the automobile body repair shop must make all reasonable
				  efforts to advise the title lienholder(s) of the vehicle in writing of the
				  status of the vehicle.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 05 - Auto Body › Part 1 - Automobile Body Shop Storage Rates › Section 230-RICR-30-05-1.6 - Storage for Totaled and Partially Repaired Vehicles

Current through June 14, 2024
A. For a vehicle declared a total loss as a
				  result of an insurer's initial appraisal inspection, an automobile body repair
				  shop may charge Storage fees.
B.
				  Such Storage fees shall not be charged for any days on which the automobile
				  body repair shop failed to permit an insurance carrier to conduct an appraisal
				  inspection of the vehicle within three (3) business days after the insurance
				  company's oral or written request for such inspection.
C. For a vehicle declared a total loss as a
				  result of an insurer's supplemental appraisal inspection, an automobile body
				  repair shop may charge Storage fees under the following circumstances:
1. If it has commenced repairs to a vehicle,
				  after an appraisal completed by either an insurance company or its agent, and
				  the vehicle is later deemed to be a total loss as a result of a supplemental
				  appraisal by the insurer.
2. In
				  such circumstances as described in §
											1.6(C)(1)   of this Part, Storage fees
				  shall commence two (2) business days after the automobile body repair shop has
				  requested a supplement in any reasonable manner required by the insurer, which
				  supplement caused the vehicle to be deemed a total loss.
3. If an insurance company fails to complete
				  the supplement within two (2) business days of proper notification by the shop,
				  the shop may begin to charge Storage fees after the two (2) business days after
				  the supplement was initially requested.
4. Storage fees may be disallowed for any
				  days on which the automobile body repair shop failed to permit an insurance
				  carrier to conduct an appraisal inspection of the vehicle within the three (3)
				  business days after the insurance company's oral or written request for such
				  inspection.
5. An automobile body
				  repair shop shall not charge Storage fees for days the shop performs any
				  partial repairs of a vehicle.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 05 - Auto Body › Part 1 - Automobile Body Shop Storage Rates › Section 230-RICR-30-05-1.7 - Insurance Representatives

Current through June 14, 2024
A. Insurance
				  representatives shall be allowed access by an automobile body repair shop to
				  inspect any vehicle for photographs and vehicle identification number checks;
				  an automobile body repair shop must permit such access within four (4) hours of
				  such request.
B. Insurance
				  representatives must be allowed, with or without appointment, to make an
				  appraisal inspection of any vehicle as soon as practically possible, but in any
				  event, not more than three (3) days following the insurance representative's
				  written or oral request to inspect. Storage fees may not be charged for more
				  than three (3) days, if a vehicle is not made available for inspection within
				  three (3) days of a request to inspect. Storage may not be charged for any day
				  occurring between the day the insurance representative seeks access to the
				  vehicle to make an appraisal inspection, and the day the automobile body repair
				  shop permits the insurance representative to enter and conduct the appraisal
				  inspection. For example, if the insurance representative seeks a Monday
				  appointment and is not permitted on the premises to make an appraisal until
				  Wednesday, the automobile body repair shop may not charge a Storage fee for
				  Tuesday. If the insurance representative is unavailable before Wednesday, then
				  Tuesday's Storage fee may be charged.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 05 - Auto Body › Part 1 - Automobile Body Shop Storage Rates › Section 230-RICR-30-05-1.8 - Stolen Vehicles

Current through June 14, 2024
Upon obtaining custody of a stolen vehicle, an automobile
					 body repair shop must send written notice, via registered mail, to the owner or
					 insurer of the vehicle, that it has custody of the vehicle.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 05 - Auto Body › Part 1 - Automobile Body Shop Storage Rates › Section 230-RICR-30-05-1.9 - Enforcement

Current through June 14, 2024
Any violation of this Part by an automobile body repair
					 shop shall be enforced by the Department pursuant to its authority under
					 applicable law.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 05 - Auto Body › Part 1 - Automobile Body Shop Storage Rates › Section 230-RICR-30-05-1.10 - Severability

Current through June 14, 2024
If this Part or its application to any individual, entity,
					 or circumstance is held to be invalid, such invalidity, shall not affect other
					 provisions or application of this Part, which can be given effect without the
					 invalid provision, and application, and to this end the provisions are declared
					 to be severable.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 05 - Auto Body › Part 2 - Motor Vehicle Body and Salvage Vehicle Repair › Section 230-RICR-30-05-2.1 - Authority

Current through June 14, 2024
This Regulation (the "Regulation") is promulgated pursuant
					 to the authority granted in R.I. Gen. Laws §
										5-38-1
et seq
.,
					 specifically §§
										5-38-2,  5-38-5,  5-38-7, and §
										31-46-7.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 05 - Auto Body › Part 2 - Motor Vehicle Body and Salvage Vehicle Repair › Section 230-RICR-30-05-2.2 - Purpose

Current through June 14, 2024
The purpose of this Regulation is to establish standards
					 and procedures for the issuance of Motor Vehicle Body Licenses for Motor
					 Vehicle Body Work and Salvage Vehicle Repair Licenses for the Business of
					 Salvage Vehicle Repairing to generally assist the Department in carrying out
					 the administration and enforcement of the terms and provisions of the Acts so
					 that the public interest may be effectively served.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 05 - Auto Body › Part 2 - Motor Vehicle Body and Salvage Vehicle Repair › Section 230-RICR-30-05-2.4 - Application for License

Current through June 14, 2024
A. Application for
				  Initial License and Renewals
1. In accordance
				  with R.I. Gen. Laws §
											5-38-4, no Person or business
				  entity may engage in the Business of Motor Vehicle Body Work or the Business of
				  Salvage Vehicle Repairing without first obtaining the appropriate License from
				  the Department.
2. Term of License
a. The term of each Motor Vehicle Body
				  License shall be for not more than three (3) years before a renewal application
				  is required.
b. The expiration date
				  of the License shall appear on the License. It is the obligation of the
				  Licensee to timely renew its License.
3. Incomplete or Deficient Applications
a. Only complete applications will be
				  reviewed by the Department. If the application is not approved as submitted,
				  the Department shall provide the Applicant with a deficiency notice.
b. If the missing materials are not submitted
				  to the Department within thirty (30) days of the date of the deficiency notice,
				  the application shall be considered withdrawn.
4. Upon review and finding of the application
				  to be satisfactory, the Department shall issue the applicable
				  License.
5. Renewal of License
a. Renewal applications must be received by
				  the Department prior to the expiration of the License.
b. Every Licensee registered pursuant to R.I.
				  Gen. Laws Chapter 5-38 and this Part, which desires to renew its License shall
				  apply for renewal upon a form to be furnished by the Department and requesting
				  whatever information the Department requires.
c. Any renewal of a License shall be subject
				  to the same provisions and requirements covering issuance, suspension, and
				  revocation of any License as originally issued.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 05 - Auto Body › Part 2 - Motor Vehicle Body and Salvage Vehicle Repair › Section 230-RICR-30-05-2.5 - Full Collision Repair License - Class A

Current through June 14, 2024
A. FULL
				  COLLISION REPAIR LICENSE CLASS A ("Class A License"). This License permits a
				  Licensee to perform all types of Motor Vehicle Body Work. In addition to
				  satisfying the requirements for a Class B License (set forth in §
										2.6   of
				  this Part) and completing the application process set forth in §
										2.4   of
				  this Part, all applicants for a Class A License must satisfy and submit proof
				  of the following requirements:
1. Evidence of
				  certification for the repair and refinishing of aluminum, high strength steel,
				  and other metal or alloy, by at least one (1) Automobile Manufacturer. Proof of
				  certification will be accepted by the Department provided it is directly from
				  the Automobile Manufacturer or its designated third-party
				  administrator;
2. Evidence of a
				  written lifetime warranty on repairs that is valid against workmanship
				  defects;
3. Evidence of the
				  existence of a system for documenting customer complaints; and
4. Evidence of certification, pursuant to
				  §
											2.12   of this Part, for all Technicians in all seven (7) areas, or
				  evidence of Licensee's Inter-Industry Conference on Auto Collision Repair
				  (I-CAR) Gold Class recognition.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 05 - Auto Body › Part 2 - Motor Vehicle Body and Salvage Vehicle Repair › Section 230-RICR-30-05-2.6 - Full Collision Repair License - Class B

Current through June 14, 2024
A. FULL
				  COLLISION REPAIR LICENSE CLASS B ("Class B License"). This License permits a
				  Licensee to perform all types of Motor Vehicle Body Work. In addition to
				  completing the application process set forth in §
										2.4   of this Part, all
				  applicants for a Class B License must satisfy and submit proof of the following
				  requirements:
1. Electrical and/or hydraulic
				  pulling equipment;
2. Current
				  dimensional guides;
3. Four (4)
				  point clamping system to secure vehicle;
4. Equipment/gauges mechanical or electronic
				  capable of three dimensional measurements;
5. Welding equipment to meet manufacturers'
				  requirements;
6. A paint system or
				  access to a paint system capable of producing original manufacturers'
				  requirements and a spray booth that conforms to the requirements of the State
				  of Rhode Island Fire Marshal;
7.
				  Parking in compliance with local laws and Regulations to perform the repair
				  work; and
8. Evidence of Technician
				  certification as required by §
											2.12   of this Part, or evidence of Licensee's
				  Inter-Industry Conference on Auto Collision Repair (I-CAR) Gold Class
				  recognition.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 05 - Auto Body › Part 2 - Motor Vehicle Body and Salvage Vehicle Repair › Section 230-RICR-30-05-2.7 - Transitioning between Class A and Class B Licenses

Current through June 14, 2024
A.
				  Transitioning from a Class B License to a Class A License. Class B License
				  holders may apply to transition to a Class A License at any time during the
				  term of the License with payment of an additional three hundred dollar
				  ($300.00) non-refundable fee. If the Department determines that they meet the
				  licensing requirements of a Class A License, the Department will issue the
				  Licensee a Class A License with the same expiration date as the Class B
				  Licensee's existing license. The Licensee shall then return its Class B License
				  to the Department within fifteen (15) days.
B. Transitioning back from a Class A License
				  to a Class B License. If a Class A Licensee no longer meets the requirements of
				  §
										2.5   of this Part, it must notify the Department within thirty (30) days.
				  It will then have sixty (60) days to return to compliance, or its license may
				  be converted to a Class B License for the remainder of its license term if it
				  meets the requirements of §
										2.6   of this Part and, if not, the license may
				  be revoked, as in §
										2.4(G)   of this Part.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 05 - Auto Body › Part 2 - Motor Vehicle Body and Salvage Vehicle Repair › Section 230-RICR-30-05-2.8 - Limited Heavy Truck and Equipment License

Current through June 14, 2024
A. This
				  License permits the refinishing and body repair of trucks over the GVW (gross
				  vehicle weight) of twenty-four thousand (24,000) pounds, cranes, trailers or
				  other equipment. In addition to completing the application process set forth in
				  §
										2.4   of this Part, applicants must satisfy and submit proof of the
				  following requirements:
1. Parking in
				  compliance with local laws and Regulations to perform the repair
				  work;
2. Welding equipment to meet
				  manufacturers' requirements;
3. A
				  paint system or access to a paint system capable of producing original
				  manufacturers' requirement; and a spray booth that conforms to the requirements
				  of the State of Rhode Island Fire Marshal; and
4. The Limited Heavy Truck and Equipment
				  License only requires Evidence of Technician Certification in the categories
				  listed in §§
											2.12(A)(3), (4), (5) and (7)   of this Part. The categories
				  listed in §§
											2.12(A)(1), (2), and (6) of this Part are not required.
a. An applicant or licensee may petition the
				  Department for an exception to the specific technician certification
				  requirements set forth in this section.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 05 - Auto Body › Part 2 - Motor Vehicle Body and Salvage Vehicle Repair › Section 230-RICR-30-05-2.9 - Limited Paint, Restoration and Customization License

Current through June 14, 2024
A. This License permits restoration or
				  customization of motor vehicles but not collision damaged vehicles. In addition
				  to completing the application process set forth in §
										2.4   of this Part, the
				  applicant must submit proof of and satisfy the following requirements:
1. Parking in compliance with local laws and
				  Regulations to perform the repair work;
2. Welding equipment to meet manufacturers'
				  requirements;
3. A paint system or
				  access to a paint system capable of producing original manufacturers'
				  requirement; and a spray booth that conforms to the requirements of the State
				  of Rhode Island Fire Marshal; and
4. The Limited Paint, Restoration and
				  Customization License only requires Evidence of Technician Certification in the
				  categories listed in §§
											2.12(A)(3), (4), (5) and (7). The categories
				  listed in §§
											2.12(A)(1), (2), and (6) are not required.
a. An applicant or licensee may petition the
				  Department for an exception to the specific technician certification
				  requirements set forth in this section.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 05 - Auto Body › Part 2 - Motor Vehicle Body and Salvage Vehicle Repair › Section 230-RICR-30-05-2.10 - Special Use Licenses

Current through June 14, 2024
A. A Special Use
				  License permits limited, specially identified activities within the definition
				  of Motor Vehicle Body Work that are not consistent with the licenses described
				  in §§
										2.5,  2.6,  2.8  and  2.9   of this Part. In addition to completing
				  the application process set forth in §
										2.4   of this Part, the Department
				  will inform the applicant of other requirements necessary to obtain a Special
				  Use License based on the specific special use they anticipate.
B. Motorcycle Only Body Repair Special Use
				  License ("Motorcycle Only License")
1. This
				  License may only be issued to a person or entity that certifies to the
				  Department that it only engages in motorcycle body repair work and not on any
				  other motor vehicle.
2. Application
				  Requirements - Applicants for this License must submit a complete application
				  that includes:
a. All information required in
				  §
												2.4   of this Part.
b. A
				  certification that the Applicant possesses:
(1) A paint system or access to a paint
				  system capable of producing original manufacturers' requirements and a spray
				  booth that conforms to the requirements of the State of Rhode Island Fire
				  Marshal;
(2) Parking in compliance
				  with local laws and Regulations to perform the repair work; and
c. The full requirements for
				  technician certification in §
												2.12   of this Part are not required for a
				  Motorcycle Only License. Each applicant for a Motorcycle Only License must
				  certify that all technicians performing work under their license have completed
				  the Technician Certifications required in §§
												2.12(A)(3) and (7)   as
				  applicable.
3. Any repair
				  motorcycles which require a salvage title from the DMV must be done by the
				  holder of a salvage vehicle license in accordance with §
											2.11   of this
				  Part.
Rhode Island Code of Regulations › Title 230 - Department of Business Regulation › Chapter 30 - Commercial Licensing › Subchapter 05 - Auto Body › Part 2 - Motor Vehicle Body and Salvage Vehicle Repair › Section 230-RICR-30-05-2.12 - Technician Certification

Current through June 14, 2024
A. Technician
				  Certifications are required for all of the following categories:
1. Identification and Analysis of Damage to
				  Vehicles;
2. Frame Measuring and
				  Straightening Systems and Techniques;
3. Welding in Collision Repair;
4. Structural Steel Repairs;
5. Suspension, Steering, and Alignment
				  Systems;
6. Safety Restraint
				  Systems; and
7. Corrosion
				  Protection.