reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 20 - Bureau of Criminal Identification › Subchapter 00 - N/A › Part 2 - Rules and Regulations Relating to the Licensing and Regulation of the Private Security Guard Business › Section 110-RICR-20-00-2.5 - License Required to conduct a Private Security Guard Business

Current through June 14, 2024
No person shall engage in the private security guard business without having first obtained a license from the Department of the Attorney General.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 20 - Bureau of Criminal Identification › Subchapter 00 - N/A › Part 2 - Rules and Regulations Relating to the Licensing and Regulation of the Private Security Guard Business › Section 110-RICR-20-00-2.6 - License Qualifications

Current through June 14, 2024
A. Every applicant, general or limited partner, and in the case of a corporation, each officer and shareholder owning a ten percent (10%) or greater interest in the applicant shall meet the following qualifications before it may engage in any business licensed hereunder:
1. be eighteen (18) years of age;
2. be a United States citizen or resident alien;
3. not been convicted in any jurisdiction of a felony;
4. not have had a license or registration similar to the one required herein revoked or application for same denied by any jurisdiction;
5. not have been declared by a court to be incompetent by reason of mental defect or disease;
6. not suffer from habitual drunkenness or narcotics addiction; and
7. be of good moral character.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 20 - Bureau of Criminal Identification › Subchapter 00 - N/A › Part 2 - Rules and Regulations Relating to the Licensing and Regulation of the Private Security Guard Business › Section 110-RICR-20-00-2.7 - Procedures for Approval or Denial of License Applications and Suspension or Revocation of Licenses

Current through June 14, 2024
A. Hearings:
1. Within fifteen (15) days from the date of a notice of denial of a license, or of the intention to issue and order of revocation or suspension, an applicant or licensee may make a written request for a hearing;
2. If a request for hearing is timely received, the Attorney General shall schedule a hearing within sixty days, and notify the applicant or licensee of same.
3. All hearings shall be held in accordance with the provisions of the Administrative Procedures Act, R.I. Gen. Laws §
											42-35-1 et. seq.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 20 - Bureau of Criminal Identification › Subchapter 00 - N/A › Part 2 - Rules and Regulations Relating to the Licensing and Regulation of the Private Security Guard Business › Section 110-RICR-20-00-2.8 - Grounds for Denial of Application for License or Renewal of License and for Suspension and Revocation of Licenses

Current through June 14, 2024
A. The Attorney General may deny an application upon a finding that the applicant or any partner, officer, director, or shareholder owning a ten percent (10%) or greater interest in the applicant (provided it is not a publicly traded corporation), has done any of the following:
1. violated any provisions of the Act or these Rules and Regulations;
2. committed any act which would disqualify the applicant or its agents;
3. practiced fraud, deceit or misrepresentation;
4. made a material misstatement in any application;
5. demonstrated incompetence or untrustworthiness in actions affecting the conduct of its business; or
6. failed to meet the license qualifications in the Act.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 20 - Bureau of Criminal Identification › Subchapter 00 - N/A › Part 2 - Rules and Regulations Relating to the Licensing and Regulation of the Private Security Guard Business › Section 110-RICR-20-00-2.9 - Investigation of Applicants and Employees and Agents

Current through June 14, 2024
A. After an examination of the application, and such further inquiry as the Attorney General shall deem proper as to the good character, competency and integrity, of the applicant and persons named in the application, the Attorney General shall as soon as practicable issue or deny a license.
B. If the application is denied, the Attorney General shall notify the applicant in writing and shall state the reason or reasons for such action.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 20 - Bureau of Criminal Identification › Subchapter 00 - N/A › Part 2 - Rules and Regulations Relating to the Licensing and Regulation of the Private Security Guard Business › Section 110-RICR-20-00-2.10 - Expiration and Renewal of Licenses

Current through June 14, 2024
A. Each license shall expire two (2) years after its date of issuance.
B. Subject to the Attorney General's power to deny, revoke or suspend a license, each license may be renewable for the next two (2) year period upon proper application and payment of license fees.
C. An application for renewal of a license must be received by the Attorney General not less than thirty (30) days prior to the expiration date.
D. A licensee shall be permitted to continue to engage in business while its renewal application is pending.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 20 - Bureau of Criminal Identification › Subchapter 00 - N/A › Part 2 - Rules and Regulations Relating to the Licensing and Regulation of the Private Security Guard Business › Section 110-RICR-20-00-2.11 - Fees

Current through June 14, 2024
A. The registration and license fee for a private security guard business shall be four hundred dollars ($400.00), payable biennially.
B. The background criminal check fee for employees of private security guard businesses shall be five dollars ($5.00) for each employee.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 20 - Bureau of Criminal Identification › Subchapter 00 - N/A › Part 2 - Rules and Regulations Relating to the Licensing and Regulation of the Private Security Guard Business › Section 110-RICR-20-00-2.12 - Transfer of License Prohibited

Current through June 14, 2024
A. No license may be assigned or transferred.
B. If a licensee shall die or otherwise cease to engage in the private security guard business, the successor, heir, devisee or personal representative of such licensee shall, within thirty (30) days, comply with all requirements of these rules and regulations regarding application for a license.
C. If a sale, assignment, transfer, merger or consolidation of a licensee's business is consummated, the purchaser, assignee, transferee, surviving or new corporation, which is not already a licensee, shall immediately comply with all requirements of these rules and regulations regarding application for a license.
D. The purchaser, assignee, transferee, surviving or new corporation may continue the operation of the business, subject to all applicable regulations, until notified by the Attorney General of its final decision on the new application for a license.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 20 - Bureau of Criminal Identification › Subchapter 00 - N/A › Part 2 - Rules and Regulations Relating to the Licensing and Regulation of the Private Security Guard Business › Section 110-RICR-20-00-2.13 - Surrender of License

Current through June 14, 2024
A. Each license shall be surrendered to the Attorney General within seventy-two (72) hours after it has been revoked or suspended, or after the licensee ceases to do business.
B. If the Attorney General has any matter relating to the renewal, revocation or transfer of a license pending, the licensee shall not be required to surrender the license until a determination has been made on such matter or until all appeals have been exhausted, provided that a stay has been obtained in accordance with R.I. Gen. Laws §
										5-5.1-24.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 20 - Bureau of Criminal Identification › Subchapter 00 - N/A › Part 2 - Rules and Regulations Relating to the Licensing and Regulation of the Private Security Guard Business › Section 110-RICR-20-00-2.14 - Change in Status of License

Current through June 14, 2024
A. The licensee shall notify the Attorney General in writing within five (5) days of:
1. any change in identity of the licensee or any of its partners, directors, officers and shareholders owning a ten (10%) percent or greater interest in the licensee (provided it is not a publicly traded corporation). Any substitution in the persons enumerated must satisfy all requirements of R.I. Gen. Laws §§
											5-5.1-8 (license qualifications) and 5-5.1-13(fees), and be approved in writing by the Attorney General.
2. any material change in the information previously furnished, or required to be furnished, or any occurrence which could reasonably be expected to affect the licensee's privilege to a license.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 20 - Bureau of Criminal Identification › Subchapter 00 - N/A › Part 2 - Rules and Regulations Relating to the Licensing and Regulation of the Private Security Guard Business › Section 110-RICR-20-00-2.15 - Employee Registration

Current through June 14, 2024
A. NOTE: The requirements of this section shall apply to all employees other than secretaries and clerical workers. An employer shall require an employee registration form to be filled out by an applicant only after a conditional offer of employment has been made.
B. No person shall perform the functions and duties of an employee of a private security guard business without first having been registered and licensed by the Attorney General.
C. No licensee shall knowingly employ in any capacity whatsoever, any person who has been convicted of a felony.
D. A false statement by a licensee that a person is, has, or has not been in his employ, shall be sufficient cause for the revocation of such license.
E. No person shall be employed by any licensee until he shall have executed a verified statement to be known as "employee's registration statement", setting forth:
1. his full name, age, residence address, and place of and date of birth;
2. the country of which he is a citizen;
3. the business or occupation engaged in for the last five (5) years preceding the date of the filing of the statement, setting forth the places where such business or occupation was engaged in, and the names of employers.
4. that he has not been convicted of a felony or of any offense involving moral turpitude.
5. any further information as the Attorney General may by rule require to show the good character, competency, and integrity of the employee.
6. all holders of the license shall be allowed to obtain a criminal background check on any employee or prospective employee from the Department of Attorney General upon payment of the required fee.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 20 - Bureau of Criminal Identification › Subchapter 00 - N/A › Part 2 - Rules and Regulations Relating to the Licensing and Regulation of the Private Security Guard Business › Section 110-RICR-20-00-2.16 - Prohibited Business Practices

Current through June 14, 2024
A. No individual shall wear or display any insignia which shall indicate or tend to indicate that he or she is a law enforcement officer, or which contains or includes the word "police" or the equivalent thereof, or which is similar in wording to any law enforcement agency in this or any other State.
B. No badge or shield shall indicate or tend to indicate that it represents any law enforcement officer or agency.
C. No person shall have or utilize any vehicle or equipment displaying the words "police", "law enforcement officer", or the equivalent thereof.
D. All such wording must be approved by the Attorney General.
E. Any licensee shall, upon notice and an opportunity to be heard, discontinue any advertising, or the use of any seals or cards, which the Attorney General has determined may tend to mislead the public.
F. No licensee shall represent that it is an instrumentality, or agency of the Federal, State or local government.
G. No licensee shall conduct business under a trade name until it has obtained the written authorization of the Attorney General.
H. The Attorney General shall not authorize the use of a trade name which is so similar to that of a public office or agency, or of that used by another licensee that the public may be confused as to the property identify of the licensee.
I. The authorization for the use of a trade name shall require the filing of a certificate of doing business under such name with the city or town clerk where the licensee's principal place of business is located and with the Secretary of State.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 20 - Bureau of Criminal Identification › Subchapter 00 - N/A › Part 2 - Rules and Regulations Relating to the Licensing and Regulation of the Private Security Guard Business › Section 110-RICR-20-00-2.17 - Identification Cards

Current through June 14, 2024
The Attorney General shall prescribe the form of identification cards which may be carried by persons who are licensed under the provisions of R.I. Gen. Laws §
										5-5.1-1 et. seq.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 20 - Bureau of Criminal Identification › Subchapter 00 - N/A › Part 2 - Rules and Regulations Relating to the Licensing and Regulation of the Private Security Guard Business › Section 110-RICR-20-00-2.18 - Insurance Requirements

Current through June 14, 2024
A. A licensee shall file with the Attorney General a certificate of insurance evidencing comprehensive general liability coverage for bodily injury, and property damage with endorsements for assault and battery and personal injury, including false arrest, libel, slander and invasion of privacy in the minimum amount of three hundred thousand dollars ($300,000.00) for bodily or personal injury and one hundred thousand dollars ($100,000.00) for property damage.
B. A licensee shall also file endorsements for damage to property in its care, custody and control and for any errors and omissions by its agents and employees.
C. The certificate shall provide that the insurance will not be modified or cancelled unless thirty (30) days advance notice is given to the Attorney General.
D. A licensee must be insured by a carrier licensed in the State.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 20 - Bureau of Criminal Identification › Subchapter 00 - N/A › Part 2 - Rules and Regulations Relating to the Licensing and Regulation of the Private Security Guard Business › Section 110-RICR-20-00-2.19 - Judicial Review

Current through June 14, 2024
A. Any person aggrieved by a final decision of the Attorney General may obtain judicial review thereof by filing an appeal in the Superior Court in accordance with R.I. Gen. Laws §
										42-35-1 et. seq.
B. Filing of an appeal with the Superior Court shall not stay enforcement of the Attorney General's decision, unless a stay is obtained in accordance with the rules of the court.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 30 - Civil Division › Subchapter 00 - N/A › Part 1 - AntiTrust › Section 110-RICR-30-00-1.1 - Authority

Current through June 14, 2024
By the virtue of the authority vested in the Attorney General by R.I. Gen. Laws §
										6-36-22, the Attorney General hereby issues the following rules and regulations for enforcement of the Rhode Island Antitrust Act, R.I. Gen. Laws §
										6-36-1, et seq.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 30 - Civil Division › Subchapter 00 - N/A › Part 1 - AntiTrust › Section 110-RICR-30-00-1.2 - Definitions

Current through June 14, 2024
A. The term "investigative demand" means an investigation demanded pursuant to R.I. Gen. Laws §
										6-36-9(b).
B. The term "person" means any natural person or the estate thereof, or trust or association of persons, whether formal or otherwise, or any corporation, partnership, company, or other legal or commercial entity.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 30 - Civil Division › Subchapter 00 - N/A › Part 1 - AntiTrust › Section 110-RICR-30-00-1.3 - Purpose and Scope

Current through June 14, 2024
A. These rules and regulations are drafted to supplement R.I. Gen. Laws §
										6-36-1, et seq.
B. These rules apply to any contract, combination, or conspiracy, wherever created, formed, or entered into; any establishment, maintenance, or use of monopoly power; and any attempt or conspiracy to establish, maintain, or use monopoly power; wherever any of the foregoing has an impact on trade or commerce of this state.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 30 - Civil Division › Subchapter 00 - N/A › Part 1 - AntiTrust › Section 110-RICR-30-00-1.4 - Investigations

Current through June 14, 2024
A. Whenever it appears to the Attorney General, upon reasonable cause, that any person has engaged in or engages in or is about to engage in any act or practice prohibited by the Rhode Island Antitrust Act, or that any person has assisted or participated in any plan, scheme, agreement or combination of the nature prohibited by the Rhode Island Antitrust Act, or whenever the Attorney General believes it to be in the public interest an investigation may be initiated. The Attorney General may also initiate an investigation based upon information received or upon receipt of a complaint.
B. The Attorney General may require that a complainant place in writing, preferably under oath, all facts and circumstances supporting the allegations hereinafter known as the "Statement of Complaint".
C. The Statement of Complaint shall be forwarded to the Antitrust Unit, Department of the Attorney General, 150 South Main Street, Providence, Rhode Island 02903.
D. In his/her discretion, the Attorney General may take such measures as will not violate due process of law to preserve the confidentiality of the complainant's identity.
E. Upon receipt of the Statement of Complaint, the Attorney General may forward the complaint to the alleged antitrust violator hereinafter referred to as the "Respondent".
F. If the complaint is forwarded to the respondent, the respondent shall be given a reasonable time to submit a complete written response to the complaint.
G. The power to issue investigative demands shall not abate or terminate by reason of the bringing of any proceeding under R.I. Gen. Laws §
										6-36-9. The Attorney General may issue successive investigative demands to the same person in order to obtain additional information pertinent to an ongoing investigation.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 30 - Civil Division › Subchapter 00 - N/A › Part 1 - AntiTrust › Section 110-RICR-30-00-1.5 - Investigative Demand

Current through June 14, 2024
A. Whenever the Attorney General has reason to believe that any person may have knowledge or be in possession, custody or control of any documentary material, pertinent to an investigation of a possible violation of the Rhode Island Antitrust Act, the Attorney General may issue in writing and cause to be served upon the person an investigative demand by which the Attorney General may:
1. Compel the attendance of the person and require him or her to submit to examination and give testimony under oath; and/or
2. Require the production of documentary material pertinent to the investigation for inspection or copying; and/or
3. Require answers to written interrogatories to be furnished under oath.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 30 - Civil Division › Subchapter 00 - N/A › Part 1 - AntiTrust › Section 110-RICR-30-00-1.6 - Rights

Current through June 14, 2024
Nothing herein shall prohibit the Attorney General from filing suit or taking any other legal and necessary action to prohibit and enforce violations of the Rhode Island Antitrust Act.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 30 - Civil Division › Subchapter 00 - N/A › Part 1 - AntiTrust › Section 110-RICR-30-00-1.7 - Witness Expenses

Current through June 14, 2024
All persons served with an investigative demand, other than those persons whose conduct or practices are being investigated, or any officer, director, or person in the employment of the person under investigation, shall be paid the same fees and mileage as paid witnesses in the courts of this state. No person shall be excused from attending the inquiry pursuant to the mandate of an investigative demand or from giving testimony or from producing documentary material or from being required to answer questions on the ground of failure to tender or pay a witness fee or mileage unless demand therefor is made at the time testimony is about to be taken and unless payment thereof is not thereupon made.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 30 - Civil Division › Subchapter 00 - N/A › Part 2 - Charitable Trust › Section 110-RICR-30-00-2.1 - Authority and Purpose

Current through June 14, 2024
By virtue of the authority vested in the Attorney General by R.I. Gen. Laws section  18-9-1, et. seq., the Attorney General hereby issues the following rules and regulations for the operation of a register of all charitable trusts heretofore or hereafter established or active in the State of Rhode Island.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 30 - Civil Division › Subchapter 00 - N/A › Part 2 - Charitable Trust › Section 110-RICR-30-00-2.2 - Definitions

Current through June 14, 2024
A. The term "charitable trust" as used herein shall have the same meaning as set forth in R.I. Gen. Laws §
										18-9-4; "any fiduciary relationship with respect to property arising as a result of a manifestation of an intention to create it subjecting the person by whom the property is held to equitable duties to deal with the property for charitable, educational or religious purposes".
B. The term "Act" as used herein shall mean an Act Establishing a Division of Charitable Trusts, "Division" shall mean Division of Charitable Trusts, "Administrator" shall mean Administrator of Charitable Trusts, "Trustee" shall mean a trustee of a charitable trust.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 30 - Civil Division › Subchapter 00 - N/A › Part 2 - Charitable Trust › Section 110-RICR-30-00-2.3 - Registration

Current through June 14, 2024
A. There has been established in the Division of Charitable Trusts, Department of the Attorney General, a Register of Charitable Trusts.
B. The trustee or trustees of each charitable trust established or active in the State of Rhode Island shall file with the Division a statement showing:
1. Whether such charitable trust was established by will, deed, indenture or other instrument and the name of the testator or settlor.
2. The name and address of the trustee or settlor.
3. The name and address of the present charitable beneficiary or beneficiaries.
4. The name an address of any future charitable beneficiary or beneficiaries.
5. The purpose of the trust and whether or not the trust will consider unsolicited requests for grants.
6. A copy of the will or indenture establishing the trust.
7. The value of the trust as of the latest appraisal and the date of said appraisal.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 30 - Civil Division › Subchapter 00 - N/A › Part 2 - Charitable Trust › Section 110-RICR-30-00-2.4 - Service of Notice and Certification

Current through June 14, 2024
A. The Attorney General shall be notified of all judicial proceedings affecting, or in any manner dealing with, a charitable trust or affecting, or in any manner dealing with, a trustee who holds in trust within the state property given, devised, or bequeathed for charitable, educational, or religious purposes, and who administers or is under a duty to administer the property in whole or in part for said purposes within the state, and shall be deemed to be an interested party thereto. Such notice may be given to the Attorney General,
1. By mailing a notice of such proceedings by registered mail to the Department of the Attorney General, or
2. By leaving said notice at the Department of the Attorney General with some person in charge thereof, or
3. In any other manner prescribed by law.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 30 - Civil Division › Subchapter 00 - N/A › Part 3 - Rules and Regulations Pertaining to Hospital Conversions Act › Section 110-RICR-30-00-3.1 - Authority

Current through June 14, 2024
These regulations are promulgated pursuant to R.I. Gen. Laws §§
										23-17.14-32 and  42-35-1, et. seq.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 30 - Civil Division › Subchapter 00 - N/A › Part 3 - Rules and Regulations Pertaining to Hospital Conversions Act › Section 110-RICR-30-00-3.2 - Purpose

Current through June 14, 2024
The purpose of these rules and regulations is to accomplish the principles of R.I. Gen. Laws Chapter 23-17.14, known as the Hospital Conversions Act.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 30 - Civil Division › Subchapter 00 - N/A › Part 3 - Rules and Regulations Pertaining to Hospital Conversions Act › Section 110-RICR-30-00-3.3 - Definitions

Current through June 14, 2024
For purposes of these regulations, terms have the meanings as defined in the Hospital Conversions Act definitions section, R.I. Gen. Laws §
										23-17.14-4.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 30 - Civil Division › Subchapter 00 - N/A › Part 3 - Rules and Regulations Pertaining to Hospital Conversions Act › Section 110-RICR-30-00-3.4 - Review Process

Current through June 14, 2024
A. Approval by the Attorney General and the Department of Health
1. A conversion shall require review and approval from the Department of Attorney General and from the Department of Health in accordance with the provisions of the Act; except as provided for under R.I. Gen. Laws §
											23-17.14-12.1 hereof, but shall remain subject to the authority of the Attorney General pursuant to R.I. Gen. Laws §
											23-17.14-21.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 30 - Civil Division › Subchapter 00 - N/A › Part 3 - Rules and Regulations Pertaining to Hospital Conversions Act › Section 110-RICR-30-00-3.5 - Public Meeting

Current through June 14, 2024
At least one public information meeting shall be held by the Department of Attorney General and the Department of Health. The transacting parties shall pay the costs of the required notice of the meeting and for a transcript of the meeting to be produced by a stenographer identified by the transacting parties and agreed upon by the Departments. The transacting parties shall provide copies of the transcript of the meeting on an expedited basis (no more than 10 days after the public meeting) to the Department of Attorney General and the Department of Health.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 30 - Civil Division › Subchapter 00 - N/A › Part 3 - Rules and Regulations Pertaining to Hospital Conversions Act › Section 110-RICR-30-00-3.6 - Confidentiality

Current through June 14, 2024
A. The Attorney General has the power to decide whether any information required of an applicant is confidential and/or proprietary.
B. The decisions by the Attorney General shall be made prior to any public notice of an initial application or any public review of any information.
C. The Attorney General's determination shall be binding on the Attorney General, the Department of Health, and all experts or consultants engaged by the Attorney General or the Department of Health.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 30 - Civil Division › Subchapter 00 - N/A › Part 3 - Rules and Regulations Pertaining to Hospital Conversions Act › Section 110-RICR-30-00-3.7 - Judicial Review

Current through June 14, 2024
Judicial review is available to any transacting party in accordance with R.I. Gen. Laws §
										23-17.14-34.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 30 - Civil Division › Subchapter 00 - N/A › Part 4 - Guidelines to Prevent Retaliatory Evictions › Section 110-RICR-30-00-4.1 - Guidelines to Prevent Retaliatory Evictions

Current through June 14, 2024
A.
				 Pursuant to R.I. Gen. Laws §
										23-24.6-23(c)(4), the Department of Attorney
				 General hereby establishes these guidelines to prevent retaliatory actions by
				 property owners against tenants on the basis of complaints or notices of
				 violations arising from the Lead Poisoning Prevention Act, R.I. Gen. Laws
				 §2324.6-1 et seq., and the Lead Hazard Mitigation Act, R.I. Gen. Laws
				 §
										42-128.1-1 et seq., or when a pregnant woman or family with one or more
				 children under age six (6) in any manner seeks to enforce their right to
				 lead-safe or lead-mitigated housing.
B. Where complaints or notices of violations
				 arise under R.I. Gen. Laws Chapters 23-24.6, 42-128.1, and/or regulations
				 promulgated thereto, or when a pregnant woman or a family with one or more
				 children under age six (6) seeks to enforce their right to housing in which
				 lead hazards have been corrected in accordance with R.I. Gen. Laws Chapters
				 23-24.6 or 42-128.1, retaliatory conduct as defined at R.I. Gen. Laws §
										34-18-46 shall include, but is not limited to, the following actions taken by
				 the landlord and/or the landlord's agent:
1.
				 Arbitrarily and unreasonably increasing rent: There shall be a presumption that
				 an increase in rent is retaliatory if it is arbitrary and unreasonable. The
				 presumption may be rebutted by a showing that the proposed rent is reasonably
				 related to:
a. the cost of lead hazard
				 abatement or mitigation as required by the Lead Hazard Reduction Act or the
				 Lead Hazard Mitigation Act;
b.
				 another cost associated with the operation or maintenance of the rental
				 property that has increased within six months before a landlord has received
				 notice of a complaint or notice of a leadbased paint or lead-based paint
				 hazard; and/or
c. a reasonable rate
				 of return for the property. When a landlord attempts to rebut this presumption
				 by reliance on the cost of lead-hazard abatement or mitigation, the finder of
				 fact should consider whether the abatement/mitigation has been funded through a
				 publicly-financed grant or loan, which does not require repayment until the
				 sale of the property.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 40 - Consumer Protection Unit › Subchapter 00 - N/A › Part 2 - Rules of Practice and Procedure at Rule-Making Hearings › Section 110-RICR-40-00-2.1 - Purpose

Current through June 14, 2024
The rules of procedure are designed to conduct the hearing under the Consumer Protection Act dealing with unfair and deceptive practices.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 40 - Consumer Protection Unit › Subchapter 00 - N/A › Part 2 - Rules of Practice and Procedure at Rule-Making Hearings › Section 110-RICR-40-00-2.2 - Time and Place of Hearing

Current through June 14, 2024
A. Place of hearing
1. At a place designated by the Attorney General.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 40 - Consumer Protection Unit › Subchapter 00 - N/A › Part 2 - Rules of Practice and Procedure at Rule-Making Hearings › Section 110-RICR-40-00-2.3 - Presiding Officer

Current through June 14, 2024
A. The Presiding Officer shall be the Attorney General of the State of Rhode Island and Providence Plantations or his or her designated representative who may be either an assistant attorney general or a special assistant attorney general.
B. Duties of Presiding Officer
1. The Presiding Officer has the responsibility of hearing the testimony of witnesses and for making determinations under these rules. His opinion as to admissibility shall be final.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 40 - Consumer Protection Unit › Subchapter 00 - N/A › Part 2 - Rules of Practice and Procedure at Rule-Making Hearings › Section 110-RICR-40-00-2.4 - Witnesses

Current through June 14, 2024
A. All witnesses shall be sworn by the presiding officer. The witnesses shall be examined only by the hearing examiner and the presiding officer. They shall not be open to cross-examination by any third parties.
B. Witnesses may testify to the situation in Rhode Island only. In accordance with R.I. Gen. Laws §
										42-35-10 evidence is admissible if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. Hearsay evidence will be weighted as to its value by the presiding officer.
C. Rebuttal witnesses may be offered by giving twenty-four (24) hours notice to the presiding officer. The twenty-four (24) hours notice may be waived by the presiding officer. Rebuttal witnesses may be examined by third-party counsel but are open to cross examination only by the hearing examiner and the presiding officer.
D. Written statements be submitted by third-parties and shall be considered by the presiding officer providing they are received at least twenty-four (24) hours after the close of the last hearing.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 40 - Consumer Protection Unit › Subchapter 00 - N/A › Part 3 - Rules and Regulations Relating to the Sale of Motor Vehicles with Tampered, Altered, Replaced, Reset, or at anytime Disconnected Odometer Gauges › Section 110-RICR-40-00-3.1 - Purpose

Current through June 14, 2024
The Department of Attorney General, in conjunction with the Rhode Island Department of Transportation Division of Motor Vehicles and the Rhode Island Motor Vehicle Dealers License Commission, has found that all too frequently motor vehicles in the State of Rhode Island are sold with tampered, altered, replaced, reset, or misrepresented odometer gauge readings. The Attorney General has also found that, as a result of the sale of these motor vehicles with deceptive odometer gauge readings, members of the consuming public have been and are threatened to be damaged and therefore need protection. These rules and regulations are for the purpose of determining and/or regulating certain conduct concerning the sale of automobiles with altered, replaced, reset or at any time disconnected odometer gauges. These rules and regulations are also for the purpose of determining and/or regulating certain representations and/or misrepresentations of the actual mileage traveled by a motor vehicle. These practices are or may involve unfair methods of competition or unfair or deceptive acts or practices as defined in R.I. Gen. Laws §
										6-13.1-1 and as prohibited by R.I. Gen. Laws §
										6-13.1-2. These rules and regulations are for the purpose of protecting unknowing purchasers from suffering financial damage through the purchase of a motor vehicle with a tampered, altered, reset, misrepresented, or at any time disconnected odometer gauge.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 40 - Consumer Protection Unit › Subchapter 00 - N/A › Part 3 - Rules and Regulations Relating to the Sale of Motor Vehicles with Tampered, Altered, Replaced, Reset, or at anytime Disconnected Odometer Gauges › Section 110-RICR-40-00-3.2 - Authority

Current through June 14, 2024
These regulations are adopted pursuant to R.I. Gen. Laws section  6-13.1-1 et. seq., the Deceptive Trade Practices Act, specifically R.I. Gen. Laws §
										6-13.1-7(c)  and the Administrative Procedures Act, R.I. Gen. Laws section  42-35-1 et. seq.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 40 - Consumer Protection Unit › Subchapter 00 - N/A › Part 3 - Rules and Regulations Relating to the Sale of Motor Vehicles with Tampered, Altered, Replaced, Reset, or at anytime Disconnected Odometer Gauges › Section 110-RICR-40-00-3.3 - Scope

Current through June 14, 2024
These regulations apply to all persons required to be licensed as motor vehicle dealers in accordance with the R.I. Gen. Laws §
										31-5-5. These Rules and Regulations apply only to transactions which occur after these rules and regulations become effective.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 40 - Consumer Protection Unit › Subchapter 00 - N/A › Part 3 - Rules and Regulations Relating to the Sale of Motor Vehicles with Tampered, Altered, Replaced, Reset, or at anytime Disconnected Odometer Gauges › Section 110-RICR-40-00-3.4 - Definitions

Current through June 14, 2024
A. As used in these Rules and Regulations, the following words shall have the following meanings:
1. Motor Vehicle means any vehicles driven or drawn by mechanical power for use on the public streets, roads and highways.
2. Odometer means an instrument for measuring and recording the actual mileage a motor vehicle travels while in operation.
3. Tampered Odometer means an odometer which has been altered, reset, misrepresented or at any time disconnected.
4. Motor Vehicle Dealer is any person, firm or corporation who sells or acts as a broker with respected to the sale of more than four (4) unregistered vehicles in any one (1) year.
5. Purchaser means any person, other than a motor vehicle dealer, manufacturer or distributor, who by means of a voluntary transfer acquires title or other legal interest in a motor vehicle.
6. Seller means the motor vehicle dealer who sells, or acts as an agent in the transfer of title or other legal interest in a motor vehicle. A motor vehicle dealer, or his employee, is acting as an agent for the sale of a motor vehicle if the vehicle is shown for sale on the property specified as the dealership "location" as defined in R.I. Gen. Laws §
											31-5-9.
7. Clear and Conspicuous means that the statement, representation or term being disclosed is of such size, sound or color contrast and is so placed as to be readily noticeable to the person to whom it is being disclosed. A statement contained in a printed contract, form or notice is not clear and conspicuous unless it is printed in at least ten point or its equivalent.
8. Clear Title means free of any lien.
9. Definitions stated in Section   1     of the Deceptive Trade Practices Act, R.I. Gen. Laws §
											6-13.1-1, as amended, are hereby incorporated by reference.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 40 - Consumer Protection Unit › Subchapter 00 - N/A › Part 3 - Rules and Regulations Relating to the Sale of Motor Vehicles with Tampered, Altered, Replaced, Reset, or at anytime Disconnected Odometer Gauges › Section 110-RICR-40-00-3.5 - Applicability

Current through June 14, 2024
A. These regulatory requirements apply to all sellers subject to these rules and regulations except as provided in §
										3.5(B)     of this Part.
B. Sellers shall not be liable under these rules and regulations to a purchaser of a motor vehicle with a tampered odometer if the following procedures are followed:
1. The box indicating "(3) I hereby certify that to the best of my knowledge the odometer reading as stated above is not the actual mileage of vehicle described below and should not be relied upon" is checked on the federal odometer statement which odometer statement is required by the Motor Vehicle Information and Cost Savings Act, 15 U.S.C. § 1988;
2. The words "the mileage/odometer reading shown cannot be relied upon as the true mileage due to alteration" are clearly and conspicuously, in red ink, displayed on the title to the motor vehicle prior to the transfer;
3. The purchaser signs and has notarized, prior to the actual transfer of title and prior to any monies changing hands or exchanges taking place, an affidavit which conforms to that required by the Department of Transportation Division of Motor Vehicles and contains the following information:
a. All information required to be placed on bills of sale for motor vehicles in accordance with Rules and Regulations promulgated by the Dealers License Commission under their authority to administer R.I. Gen. Laws §§
												31-5-1 through  31-5-20 inclusive, as amended; and
b. That the purchaser is aware that the mileage/odometer reading cannot be relied upon as the true mileage is unknown due to alteration.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 40 - Consumer Protection Unit › Subchapter 00 - N/A › Part 3 - Rules and Regulations Relating to the Sale of Motor Vehicles with Tampered, Altered, Replaced, Reset, or at anytime Disconnected Odometer Gauges › Section 110-RICR-40-00-3.6 - Consumer Procedures and Remedies

Current through June 14, 2024
A. A Purchaser who discovers that he/she has purchased a motor vehicle, from a seller, with an altered mileage/odometer reading must within twenty (20) days of this discover send, by certified mail, a letter to the seller detailing the facts in support of the purchasers allegation of the altered mileage/odometer reading including but not limited to copies of all documents pertinent to the purchasers allegation.
B. The Seller shall have thirty (30) days to establish that the mileage reading shown on the motor vehicle title and/or federal odometer statement at the time of the purchase was true and accurate.
C. If the truth and accuracy of the mileage reading of the motor vehicle at the time of the transfer of title cannot be verified by the seller within the thirty (30) days of notification:
1. The seller shall, within an additional ten (10) days, rescind the sale of the motor vehicle and return to the purchaser the following:
a. Total purchase price of the car including any deposits and/or trade-in value included in the original price except as provided in §
												3.6(C)(1)(d)     of this Part below;
b. Any sales tax paid by the purchaser on the motor vehicle;
c. The cost of any repairs excluding normal maintenance costs and excluding the cost of any repairs the result of a collision.
d. If the purchaser does not discover and notify the seller, in accordance with §
												3.6(A)     of this Part, of the altered mileage/odometer reading within four (4) months of purchasing the motor vehicle, an amount equal to fifteen cents (15¢) per mile for each mile traveled in the purchased automobile, since the transfer, may be deducted.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 40 - Consumer Protection Unit › Subchapter 00 - N/A › Part 3 - Rules and Regulations Relating to the Sale of Motor Vehicles with Tampered, Altered, Replaced, Reset, or at anytime Disconnected Odometer Gauges › Section 110-RICR-40-00-3.7 - Violations

Current through June 14, 2024
It shall be an unfair act or practice for a seller subject to these rules and regulations to violate or fail to comply with any provision of these rules and regulations.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 40 - Consumer Protection Unit › Subchapter 00 - N/A › Part 3 - Rules and Regulations Relating to the Sale of Motor Vehicles with Tampered, Altered, Replaced, Reset, or at anytime Disconnected Odometer Gauges › Section 110-RICR-40-00-3.8 - Enforcement

Current through June 14, 2024
These rules and regulations are enforceable to the same extent as would be any violation of the provisions of the Rhode Island Deceptive Trade Practices Act, R.I. Gen. Laws §
										6-13.1-1, et. seq. Specifically, enforcement remedies include injunctive and/or monetary relief pursuant to R.I. Gen. Laws §
										6-13.1-5 and civil penalties pursuant to R.I. Gen. Laws §
										6-13.1-8.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 40 - Consumer Protection Unit › Subchapter 00 - N/A › Part 3 - Rules and Regulations Relating to the Sale of Motor Vehicles with Tampered, Altered, Replaced, Reset, or at anytime Disconnected Odometer Gauges › Section 110-RICR-40-00-3.9 - Severability

Current through June 14, 2024
If any provision of these rules and regulations or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the provisions or application of the rules and regulations which can be given effect, and to this end the provisions of these rules and regulations are declared to be severable.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 40 - Consumer Protection Unit › Subchapter 00 - N/A › Part 3 - Rules and Regulations Relating to the Sale of Motor Vehicles with Tampered, Altered, Replaced, Reset, or at anytime Disconnected Odometer Gauges › Section 110-RICR-40-00-3.10 - Effective Date

Current through June 14, 2024
These regulations shall become effective twenty (20) days after filing with the Office of Secretary of State.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 40 - Consumer Protection Unit › Subchapter 00 - N/A › Part 4 - Rules and Regulations for Real Estate Time Share/Interval Ownership Sales and Practices › Section 110-RICR-40-00-4.1 - Introduction

Current through June 14, 2024
4.1.1
Authority
These regulations are adopted pursuant to R.I. Gen. Laws §
											6-13.1-1 et. seq., the Deceptive Trade Practices Law, specifically R.I. Gen. Laws §
											6-13.1-7(c).
4.1.2
Purpose
These regulations are for the purpose of determining, regulating and/or prohibiting certain conduct, terminology and/or representations concerning real estate time share sales and practices which are, or may, involve unfair methods of competition or unfair or deceptive acts or practices as defined in R.I. Gen. Laws §
											6-13.1-1 and as prohibited by R.I. Gen. Laws §
											6-13.1-2.
4.1.3
Scope
These regulations apply to all time share interests in real estate or any phase of time share interests except for any such interest governed solely by R.I. Gen. Laws §
											34-38-1 et. seq., entitled "Regulation of Out of State Real Estate Sales and Dispositions." It should be noted that the Rhode Island Condominium Act also governs time share condominium units under certain conditions. These regulations are also intended to be consistent with R.I. Gen. Laws §34-36.1-1 et. seq. entitled the "Rhode Island Condominium Act." These regulations apply only to transactions which occur after these regulations become effective.
Rhode Island Code of Regulations › Title 110 - Attorney General › Chapter 40 - Consumer Protection Unit › Subchapter 00 - N/A › Part 4 - Rules and Regulations for Real Estate Time Share/Interval Ownership Sales and Practices › Section 110-RICR-40-00-4.3 - Consumer Protection

Current through June 14, 2024
4.3.1
Applicability
A. Exemptions
1. These regulatory requirements apply to all time shares subject to these Regulations, except as provided in §4.3.1(A)(2) of this Part.
2. Neither a public offering statement nor the materials required by §4.3.9 of this Part (Resale of Time Shares) need be prepared or delivered in the case of:
a. a gratuitous disposition of a time share;
b. a disposition pursuant to court order;
c. a disposition by a government or governmental agency;
d. a disposition by foreclosure or deed in lieu of foreclosure;
e. a disposition that may be cancelled at any time and for any reason by the purchaser without penalty;
f. a disposition of time share in a unit situated wholly outside this State pursuant to a contract executed wholly outside this State, if there has been no offering within this State;
g. an offering by a developer of time shares in no more than one time share unit at any one time; or
h. a disposition of a time share property or all time shares therein to one purchaser