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. |
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LC001599/SUB A |
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