DECLARATORY ORDER PETITIONS


280-RICR-30-00-3 ACTIVE RULE

3.1 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.

3.2 Authority

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

3.3 Definitions

A. The following definitions shall apply to this regulation:

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

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

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

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

2. "Division" means the Division of Motor Vehicle that exists within the Department of Revenue.

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

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

3.4 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 Division; 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 Division;

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

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

B. A request for a Declaratory Order must be submitted to: Division of Motor Vehicles, Administration Office, 600 New London Avenue, Cranston, RI 02920.

3.5 Consideration and Disposition of Request for Declaratory Order

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

Title 280 Department of Revenue
Chapter 30 Division of Motor Vehicles
Subchapter 00 General Administration
Part 3 DECLARATORY ORDER PETITIONS
Type of Filing Adoption
Regulation Status Active
Effective 08/26/2019

Regulation Authority :

R.I. Gen. Laws § 42-35-8

Purpose and Reason :

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.