6.1Purpose
The purpose of this regulation is to prescribe the form of a petition for promulgation of rules pursuant to R.I. Gen. Laws § 42-35-6 and the procedure for its submission, consideration, and disposition.
6.2Authority
This regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws § 42-35-6.
6.3Definitions
A.The following definitions shall apply to this regulation:
1."Petition" means a request for the promulgation of a rule.
2."Petitioner" means a person requesting a Declaratory Order.
3."Promulgate" means the process of writing a new rule, or amending or repealing an existing rule.
4."State agency" means the Executive Office of Health and Human Services (EOHHS).
6.4Request for the Promulgation of a Rule
A.A request for the promulgation of a rule must be in writing and include the following information:
1.The name and address of the Petitioner;
2.A plain statement identifying the rule or proposed new rule at issue;
3.A detailed statement of all facts relied upon by the Petitioner;
4.A copy of any and all documents relied upon by Petitioner that are not otherwise accessible to the State Agency; and
5.A plain statement requesting the promulgation of a rule, and further indicating whether Petitioner seeks a new rule or the amendment or repeal of an existing rule.
a.In the case of a request for promulgation of a new rule or the repeal of an existing rule, the Petitioner shall identify the rule by title and/or Rhode Island Code of Regulations (RICR) citation.
b.In the case of a request for an amendment to an existing rule, the Petitioner must identify with specificity the proposed language to be added or removed by redlining or similar means.
B.A request for the promulgation of a rule must be submitted to: EOHHS Medicaid Policy Office, Hazard Building, Second Floor, 74 West Road, Cranston, RI 02920.
6.5Consideration and Disposition of Request for the Promulgation of a Rule
A.The State Agency shall promptly consider and respond to the request for the Promulgation of a Rule as provided in R.I. Gen. Laws § 42-35-6.
B.The agency may, at its discretion:
1.Hold a hearing for further consideration and discussion on the Petition; or
2.Request further information or documents from the Petitioner necessary for the full evaluation of his or her petition.
C.A Petitioner may appeal the State Agency's final disposition of the request for the promulgation of a rule as provided in R.I. Gen. Laws § 42-35-15.
