Declaratory Order Petitions (100-RICR-10-00-2)


100-RICR-10-00-2 ACTIVE RULE

2.1 Purpose

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.

2.2 Authority

This regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws § 42-35-8.

2.3 Definitions

A. The following definitions shall apply to this regulation:

1. "Declaratory Order" means an order issued by the Department that:

a. Interprets or applies a statute administered by the Department;

b. Clarifies whether a rule, guidance document, or order issued by the Department applies to a Petitioner; or

c. Clarifies how a rule, guidance document, or order issued by the Department applies to a Petitioner.

2. "Department" means the Rhode Island Department of State.

3. "Petition" means a request for a Declaratory Order.

4. "Petitioner" means a person requesting a Declaratory Order.

2.4 Request 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 Department; 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 Department;

b. Clarification as to whether a rule, guidance document, or order issued by the Department applies to Petitioner; and/or

c. Clarification as to how a rule, guidance document, or order issued by the Department applies to Petitioner.

B. A request for a Declaratory Order must be submitted to: Administrative Rules Editor, Division of State Archives, Library, and Public Information, Department of State, 82 Smith Street, Rm. 38, Providence, RI 02903.

2.5 Consideration and Disposition of Request for Declaratory Order

A. The Department 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 Department schedule the matter for further consideration, the Department shall notify Petitioner in writing of the anticipated date on which the Department 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 Department's final disposition of the request for Declaratory Order as provided in R.I. Gen. Laws § 42-35-15.

Title 100 Department of State
Chapter 10 Administration
Subchapter 00 N/A
Part 2 Declaratory Order Petitions (100-RICR-10-00-2)
Type of Filing Adoption
Regulation Status Active
Effective 10/20/2017

Regulation Authority :

R.I. Gen. Laws § 42-35-8(b)

Purpose and Reason :

This regulation is being adopted to comply with R.I. Gen. Laws § 42-35-8(b) which mandates that all agencies adopt a regulation outlining for the public how an individual may request a declaratory order and how the agency should process and carry out that request.

There are no electronic rulemaking documents for rules filed prior to August 14, 2018. For rulemaking documents for rules filed prior to this date, please contact the appropriate agency's Rules Coordinator.