Petition for Declaratory Order (835-RICR-10-00-3)


835-RICR-10-00-3 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. "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.

3.4 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 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.

3.5 Consideration 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.



Title 835 Narragansett Bay Commission
Chapter 10 General Administration
Subchapter 00 N/A
Part 3 Petition for Declaratory Order (835-RICR-10-00-3)
Type of Filing Direct Final Adoption
Regulation Status Active
Effective 04/13/2018

Regulation Authority :

R.I. Gen. Laws § 42-35-8.

Purpose and Reason :

The purpose of this regulation is to establish the requirements for submitting a request for Declaratory Order under R.I. Gen. Laws § 42-35-8(b) to the Narragansett Bay Commission. This rule is required by the R.I. Administrative Procedures Act and is based on a template from the Secretary of State’s office that should be nearly identical to rules promulgated by all Rhode Island agencies. In the development of the proposed adoption consideration was given to: (1) alternative approaches; (2) overlap or duplication with other statutory and regulatory provisions; and (3) significant economic impact on small business. No alternative approach, duplication, or overlap was identified based upon available information.

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.