§ 42-35-1. Definitions. As used in this chapter: (1) Except as otherwise provided herein, “agency” means a state agency, authority, board, bureau, commission, department, district, division, institution, office, officer, quasi-public agency, or other political subdivisions created by the general assembly or the governor, other than the legislature or the judiciary, that is authorized by law […]
§ 42-35-1.1. Applicability. (a) This chapter applies to an agency unless the agency is exempted by Rhode Island general laws. (b) This chapter applies to all agency proceedings and all proceedings for judicial review or civil enforcement of agency action commenced after the effective date of this chapter [June 29, 2016]. This chapter does not […]
§ 42-35-10. Rules of evidence — Official notice. In contested cases: (1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in civil cases in the superior courts of this state shall be followed; but, when necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence […]
§ 42-35-11. Examination of evidence by agency. (a) Whenever in a contested case a majority of the officials of the agency who are to render the final decision have not heard the case or read the record, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be […]
§ 42-35-12. Orders. Any final order adverse to a party in a contested case shall be in writing or stated in the record. Any final order shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement […]
§ 42-35-13. Ex parte consultations. Unless required for the disposition of ex parte matters authorized by law, members or employees of an agency assigned to render an order or to make findings of fact and conclusions of law in a contested case shall not, directly or indirectly, in connection with any issue of fact, communicate […]
§ 42-35-14. Licenses. (a) Whenever the grant, denial, or renewal of a license is required to be preceded by notice and opportunity for a hearing, the provisions of this chapter concerning contested cases apply. (b) Whenever a licensee has made timely and sufficient application for the renewal of a license or a new license with […]
§ 42-35-15. Judicial review of contested cases. (a) Any person, including any small business, who has exhausted all administrative remedies available to him or her within the agency, and who is aggrieved by a final order in a contested case is entitled to judicial review under this chapter. This section does not limit utilization of […]
§ 42-35-15.1. Manner of taking appeals from administrative agencies. (a) Appeals from decisions by administrative agencies of the state or officers thereof shall be taken to the superior court or to the district court as provided by the general laws in respect to each agency; provided, however, the time limits for the taking of steps […]
§ 42-35-16. Review by supreme court. Any party in interest, if aggrieved by a final judgment of the superior, family, or district court rendered in proceedings brought under § 42-35-15, may, within twenty (20) days from the date of entry of the judgment, petition the supreme court of the state of Rhode Island for a […]
§ 42-35-17. Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared […]
§ 42-35-18. Effective date of chapter — Scope of application and exemptions. (a) This chapter shall take effect upon January 1, 1964, and thereupon all acts and parts of acts inconsistent herewith shall stand repealed; provided, however, that except as to proceedings pending on June 30, 1963, this chapter shall apply to all agencies and […]
§ 42-35-2. Required agency publication and recordkeeping. (a) An agency shall: (1) Publish and make available for public inspection a description of its organization, stating the general course and method of its operations and the methods by which the public may obtain information or make submissions or requests; (2) Publish and make available for public […]
§ 42-35-2.1. Rules coordinator. Each agency shall, by January 2, 2002, designate a rules coordinator, who shall have knowledge of the subjects of rules being proposed, maintain the records of any rules action including the rulemaking file required by § 42-35-2.3, and respond to public inquiries about proposed rules and the identity of agency personnel […]
§ 42-35-2.10. Emergency rule. If an agency finds that an imminent peril to the public health, safety, or welfare or the loss of federal funding for an agency program requires the immediate promulgation of an emergency rule and publishes in a record with the secretary of state and on its agency website reasons for that […]
§ 42-35-2.11. Direct final rule. If an agency proposes to promulgate a rule which is expected to be noncontroversial, it may use direct, final rulemaking authorized by this section and must comply with §§ 42-35-2.6 and 42-35-2.7. The proposed rule must be published in the state register and on the agency’s website with a statement […]
§ 42-35-2.12. Guidance document. (a) An agency may issue a guidance document without following the procedures set forth in §§ 42-35-2.6 through 42-35-2.9. (b) An agency that proposes to rely on a guidance document to the detriment of a person in any administrative proceeding shall afford the person an adequate opportunity to contest the legality […]
§ 42-35-2.2. Publication — Agency duties. (a) Unless the record is exempt from disclosure under law of this state other than this chapter, an agency shall publish and make available for public inspection, and on request and for a reasonable charge, make available through regular or electronic mail: (1) Each notice of a proposed rulemaking […]
§ 42-35-2.3. Rulemaking record. (a) An agency shall maintain the rulemaking record for each proposed rule, which will be the official rulemaking record. Unless the record, and any materials incorporated by reference, are privileged or exempt from disclosure under law of this state other than this chapter, the record and materials must be readily available […]
§ 42-35-2.4. Electronic filing. In addition to all other requirements imposed by law, all agencies and authorities (as defined in this chapter) shall be required to electronically submit their annual reports to the general assembly for posting on the general assembly website in lieu of a printed copy. However, an agency or authority shall produce […]
