Conduct of Public Hearings (218-RICR-60-00-3)


3.1 Purpose

To establish a defined set of procedures for the Department of Human Services for the conduct of Public Hearings regarding proposed rulemaking.

3.2 Authority

This regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws § 42-35-2(a)(4).

3.3 Definitions

A. For the purpose of this regulation:

1. "Department" means R.I. Department of Human Services.

2. “Member of the Public” means any individual, firm, business, corporation, association, partnership or other group.

3. “Presiding Department Official” means the R.I. Department of Human Services employee conducting the Public Hearing.

4. "Public Hearing" means the convening of Members of the Public and agency personnel for the purpose of obtaining public comment on a Proposed Rulemaking.

5. "Proposed Rulemaking" means a proposed new rule, proposed amendment to a rule or proposed repeal of a rule as notices pursuant to R.I. Gen. Laws § 42-35-2.7.

3.4 Procedure for Conduct of Public Hearings

A. Convening of Public Hearing

1. Public Hearings may be held at the election of the agency or as required pursuant to R.I. Gen. Laws § 42-35-2.8(c).

2. Notice of Public Hearings shall be issued in accordance with the provisions of R.I. Gen. Laws §§ 42-35-2.8 and 42-46-6, when applicable.

3. The Public Hearing shall be held at a time and place designated by the Department.

B. Transcription

1. The Public Hearing shall be transcribed by a stenographer or audio recorded.

2. For Public Hearings, any official transcript, recording, or memorandum summarizing presentations prepared by an agency official shall be made part of the rulemaking record in accordance with R.I. Gen. Laws § 42-35- 2.3(b)(5).

C. Testimony

1. Oral Testimony

a. Members of the public may make oral testimony during the meeting.

b. Members of the public who wish to make oral testimony during the meeting must put their name on the speaker list.

c. Members of the public will be called to testify in the order which their names appear on the speaker list.

2. Written Testimony

a. Written testimony must be submitted via e-mail, hand delivery or regular mail to: RI Department of Human Services, Office of Policy Development, 57 Howard Avenue, 1st Floor, Cranston, RI 02920 or to the contact person listed on the notice of proposed rulemaking.

D. Disruptive Conduct

1. Members of the Public attending the Public Hearing shall not cause disruptions, including but not limited to: screaming, loud noises, and disorderly gesticulations, which interrupt or distract from the testimony of other Members of the Public or from the ability of the Presiding Department Official to conduct the Public Hearing.

Title 218 Department of Human Services
Chapter 60 Administrative Procedures
Subchapter 00 N/A
Part 3 Conduct of Public Hearings (218-RICR-60-00-3)
Type of Filing Direct Final Adoption
Regulation Status Inactive
Effective 10/29/2017 to 01/04/2022

Regulation Authority:

R.I. Gen. Laws § 42-35-2(a)(4)

Purpose and Reason:

This regulation is adopted to establish a defined set of procedures for the Department of Human Services for the conduct of Public Hearings regarding proposed rulemaking. This regulation was filed as a Direct Final Rule as it was not controversial. No comments or objections were received on this adoption during the comment period. The date the final rule was signed by the agency head was 1/8/2018.