2012 -- H 7458

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LC00547

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - ADMINISTRATIVE

PROCEDURES

     Introduced By: Representatives Ucci, and Petrarca

     Date Introduced: February 09, 2012

     Referred To: House Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 42-35-3 of the General Laws in Chapter 42-35 entitled

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"Administrative Procedures" is hereby amended to read as follows:

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     42-35-3. Procedures for adoption of rules. -- (a) Prior to the adoption, amendment, or

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repeal of any rules and regulations, all state departments and agencies rule the agency shall: have

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received general assembly approval. In addition, the department or agency shall:

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      (1) Give at least thirty (30) days notice of its intended action. The notice shall include a

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statement of either the terms or substance of the intended action or a description of the subjects

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and issues involved, and of the time when, the place where, and the manner in which interested

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persons may present their views thereon. The notice shall be mailed to all persons who have made

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timely request of the agency for advance notice of its rule-making proceedings, and published in a

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newspaper or newspapers having aggregate general circulation throughout the state; provided,

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however, that if the action is limited in its applicability to a particular area, then the publication

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may be in a newspaper having general circulation in the area. In lieu of newspaper publication,

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advance notice of proposed rulemaking by the department of health may be provided via

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electronic media on a website maintained by the office of the secretary of state. Authorization for

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such electronic notice shall commence on July 1, 2005. In lieu of newspaper publication, advance

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notice of proposed rulemaking by all other state departments, agencies and authorities may also

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be provided via electronic media on a website maintained by the office of secretary of state, and

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authorization for such electronic notice shall commence on May 1, 2008. Copies of proposed

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rules shall be available at the agency at the time of the notice required by this subsection, and by

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mail to any member of the public upon request. The agency shall also prepare a concise summary

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of all non-technical amendments being proposed that shall be made available with copies of the

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proposed rules themselves.

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      (2) Afford all interested persons reasonable opportunity to submit data, views, or

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arguments, orally or in writing. In the case of rules, opportunity for oral hearing must be granted

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if requested by twenty-five (25) persons, or by a governmental subdivision or agency, or by an

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association having not less than twenty-five (25) members. The agency shall consider fully all

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written and oral submissions respecting the proposed rule. Upon adoption of a rule, the agency, if

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requested to do so by an interested person, either prior to adoption or within thirty (30) days

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thereafter, shall issue a concise statement of the principal reasons for and against its adoption,

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incorporating therein its reasons for overruling the considerations urged against its adoption.

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      (3) Demonstrate the need for the adoption, amendment, or repeal of any rule in the

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record of the rulemaking proceeding. The agency shall demonstrate that there is no alternative

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approach among the alternatives considered during the rulemaking proceeding which would be as

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effective and less burdensome to affected private persons as another regulation. This standard

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requires that an agency proposing to adopt any new regulation must identify any other state

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regulation which is overlapped or duplicated by the proposed regulation and justify any overlap

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or duplication.

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      (4) Comply with section 42-35-3.3.

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      (5) Ensure that any proposed additions, deletions or other amendments to the rules and

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regulations be clearly marked. If an agency proposes adoption of a new rule to supersede an

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existing rule, the agency shall make available a summary of all non-technical differences between

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the existing and proposed rules. An agency's lawful promulgation of amendments to an existing

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rule shall be deemed to supersede and repeal the previous enactments of that rule, provided that

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the public notice required under subdivision (a)(1) of this section indicated such an intent.

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      (b) If an agency finds that an imminent peril to the public health, safety, or welfare

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requires adoption of a rule upon less than thirty (30) days' notice, and states in writing its reasons

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for that finding, it may proceed without prior notice or hearing or upon any abbreviated notice

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and hearing that it finds practicable, to adopt an emergency rule. The rule so adopted may be

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effective for a period of not longer than one hundred twenty (120) days renewable once for a

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period not exceeding ninety (90) days, but the adoption of an identical rule under subdivisions

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(a)(1) and (a)(2) is not precluded.

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      (c) No rule hereafter adopted is valid unless adopted in substantial compliance with this

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section, but no contest of any rule on its face on the ground of noncompliance with the procedural

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requirements of this section may be commenced after two (2) years from its effective date, but a

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contest of any rule as applied to the complainant may proceed if the complainant can demonstrate

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prejudice as a result of the agency's noncompliance with this section.

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     SECTION 2. This act shall take effect upon passage.

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LC00547

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - ADMINISTRATIVE

PROCEDURES

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     This act would require that the general assembly approve any adoption, amendment or

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repeal of any state agency or departments proposed rule or requirements.

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     This act would take effect upon passage.

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LC00547

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