| Chapter 460 |
| 2025 -- H 5522 SUBSTITUTE A Enacted 07/05/2025 |
| A N A C T |
| RELATING TO STATE AFFAIRS AND GOVERNMENT -- ADMINISTRATIVE PROCEDURES |
Introduced By: Representatives Corvese, Solomon, Azzinaro, Serpa, and DeSimone |
| Date Introduced: February 13, 2025 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 42-35-4 of the General Laws in Chapter 42-35 entitled |
| "Administrative Procedures" is hereby amended to read as follows: |
| 42-35-4. Filing and taking effect of rules. |
| (a) An agency shall file each final rule with the secretary of state. An agency may not file |
| a final rule until the public comment period has ended. In filing a final rule, an agency shall use a |
| standardized form and process for submission determined by the secretary of state. The secretary |
| of state shall affix to each final rule a certification of the time and date of filing. The secretary of |
| state may reject the final rule if an agency fails to use the standardized format or fails to adhere to |
| the codification requirements or any other publication requirements or rules promulgated by the |
| secretary of state’s office pursuant to § 42-35-5. The secretary of state shall reject the improper |
| final rule by returning it to the director of the agency which submitted the improper form within |
| fifteen (15) days of receipt. |
| (b) The secretary of state, with notification to the agency, may make minor non-substantive |
| corrections in spelling, grammar, and format in a proposed or final rule. The secretary of state shall |
| make a record of the corrections. |
| (c) The agency shall file the rule not later than one hundred eighty (180) days after close |
| of the public-comment period. If that rule is not filed within one hundred eighty (180) days, the |
| agency must restart the rulemaking process pursuant to this chapter. |
| (d) A final rule filed by an agency with the secretary of state under this section must contain |
| the text of the rule and be accompanied by a record that contains: |
| (1) The date the final rule was signed by the relevant agency head; |
| (2) A reference to the specific statutory or other authority authorizing the rule; |
| (3) Any finding required by law as a prerequisite to the proposed rule or effectiveness of |
| the rule; |
| (4) The effective date of the rule; and |
| (5) A concise explanatory statement as defined by § 42-35-2.6. |
| (e) Each rule hereafter shall be effective twenty (20) days after filing with the secretary of |
| state, except: |
| (1) If a later date is required by statute or specified in the rule, the later date is the effective |
| date; |
| (2) An emergency rule under § 42-35-2.10 becomes effective upon signature by the agency |
| head and the governor, or the governor’s designee; |
| (3) A direct final rule under § 42-35-2.11, to which no objection is made, becomes effective |
| thirty (30) days after publication, unless the agency specifies a later effective date; |
| (4) A final rule shall not be effective or enforceable until properly submitted and accepted |
| by the secretary of state. |
| (f) The secretary of state shall maintain a permanent register of all filed rules and concise |
| explanatory statements for the rules. The secretary of state shall provide a copy of each certified |
| final rule to an agency upon request. The secretary of state shall publish the notice of each final |
| rule in the state register. |
| (g) Within twenty (20) days of filing a final rule with the secretary of state, the agency shall |
| provide a copy of each certified final rule via electronic mail to all members of the general |
| assembly. |
| SECTION 2. This act shall take effect upon passage. |
| ======== |
| LC001599/SUB A |
| ======== |