Petition for Promulgation of Rules (835-RICR-10-00-4)


835-RICR-10-00-4 ACTIVE RULE

4.1 Purpose

The purpose of this regulation is to prescribe the form of a Petition for Promulgation of Rules pursuant to R.I. Gen. Laws § 42-35-6 and the procedure for its submission, consideration, and disposition.

4.2 Authority

This regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws § 42-35-6.

4.3 Definitions

A. The following definitions shall apply to this regulation:

1. "Commission" means the Narragansett Bay Commission.

2. "Petition" means a request for the Promulgation of a Rule.

3. "Petitioner" means a person requesting the promulgation of a rule.

4. "Promulgate", with respect to a Rule, means the process of writing a new Rule, or amending or repealing an existing Rule.

5. "Rule" means the whole or a part of an agency statement of general applicability that implements, interprets, or prescribes law or policy or the organization, procedure, or practice requirements of an agency and has the force of law. The term includes the amendment or repeal of an existing rule. The term is used interchangeably with the term "regulation." The term does not include the exceptions listed in R.I. Gen. Laws § 42-35-1(19)(i)-(vi).

4.4 Request for the Promulgation of a Rule

A. A request to Promulgate a Rule must be in writing and include the following information:

1. The name and address of the Petitioner;

2. A plain statement identifying the rule or proposed new Rule at issue;

3. A detailed statement of all facts relied upon by the Petitioner;

4. A plain statement requesting the Promulgation of a Rule, and further indicating whether Petitioner seeks a new Rule or the amendment or repeal of an existing Rule.

a. In the case of a request for the repeal of an existing Rule, the Petitioner shall identify the Rule by title and/or RICR citation.

b. In the case of a request for an amendment to an existing Rule, the Petitioner must identify with specificity any proposed additions, deletions, or other amendments. New proposed language must be clearly marked using underline formatting for proposed insertions, and strikethrough formatting for proposed deletions.

B. A request for the Promulgation of a Rule must be submitted to: [email protected] or Attn: Legal Department, One Service Road, Providence, Rhode Island 02905.

4.5 Consideration and Disposition of Request for the Promulgation of a Rule

A. The Commission shall promptly consider and respond to the request for the Promulgation of a Rule as provided in R.I. Gen. Laws § 42-35-6.

B. The Commission may, at its discretion and within the thirty (30) day period prescribed by statute:

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 the Promulgation of a Rule as provided in R.I. Gen. Laws § 42-35-15.





Title 835 Narragansett Bay Commission
Chapter 10 General Administration
Subchapter 00 N/A
Part 4 Petition for Promulgation of Rules (835-RICR-10-00-4)
Type of Filing Direct Final Adoption
Regulation Status Active
Effective 04/13/2018

Regulation Authority :

R.I. Gen. Laws § 42-35-6.

Purpose and Reason :

The purpose of this regulation is to establish the requirements for submitting a request for promulgation of a rule under R.I. Gen. Laws § 42-35-6 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.