3.1Purpose
This regulation states the requirements for submitting a request for Declaratory Order under R.I. Gen. Laws § 42-35-8(b), and the procedure for its consideration and prompt disposition.
3.2Authority
This regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws § 42-35-8.
3.3Definitions
A.The following definitions shall apply to this regulation:
1."Commission" means the Narragansett Bay Commission.
2."Declaratory Order" means an order issued by the Commission that:
a.Interprets or applies a statute administered by the Commission;
b.Clarifies whether a rule, guidance document, or order issued by the Commission applies to a Petitioner; or
c.Clarifies how a rule, guidance document, or order issued by the Commission applies to a Petitioner.
3."Petition" means a request for a Declaratory Order.
4."Petitioner" means a person requesting a Declaratory Order.
3.4Request for Declaratory Order: Form and Submission
A.A request for Declaratory Order must be in writing and include the following information:
1.The name and address of the Petitioner;
2.A plain statement identifying the statute, rule, guidance document, or order 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 Commission; and
5.A plain statement requesting a Declaratory Order, and further indicating whether Petitioner seeks:
a.An interpretation or application of a statute administered by the Commission;
b.Clarification as to whether a rule, guidance document, or order issued by the Commission applies to Petitioner; and/or
c.Clarification as to how a rule, guidance document, or order issued by the Commission applies to Petitioner.
B.A request for a Declaratory Order must be submitted to: [email protected] or Attn: Legal Department, One Service Road, Providence, Rhode Island 02905.
3.5Consideration and Disposition of Request for Declaratory Order
A.The Commission shall promptly consider and respond to the request for Declaratory Order as provided in R.I. Gen. Laws § 42-35-8(c).
1.Should the Commission schedule the matter for further consideration, the Commission shall notify Petitioner in writing of the anticipated date on which the Commission will grant or deny the request for Declaratory Order.
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 Commission's final disposition of the request for Declaratory Order as provided in R.I. Gen. Laws § 42-35-15.
