2024 -- S 2884

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LC005795

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- ADMINISTRATIVE

PROCEDURES

     

     Introduced By: Senator Matthew L. LaMountain

     Date Introduced: March 22, 2024

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 42-35-2.8 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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     42-35-2.8. Public participation.

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     (a) An agency All state, municipal and quasi-state agencies proposing a rule shall specify

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a public-comment period of at least thirty (30) days after publication of notice of the proposed

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rulemaking on the agency's website, during which a person may submit information and comment

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on the proposed rule. The notice shall specifically spell out the commencement and closing dates

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to submit comments. The information or comment may be submitted in an electronic or written

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format. The agencies shall post their email addresses for public comment. The agency shall

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consider all information and comments on a proposed rule which is submitted pursuant to this

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subsection within the comment period. Any related workshops shall be posted on the website.

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     (b) An agency may consider any other information it receives concerning a proposed rule

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during the public-comment period. Any information considered by the agency must be incorporated

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into the record under § 42-35-2.3. The information need not be submitted in an electronic or written

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format. Nothing in this section prohibits an agency from discussing with any person at any time the

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subject of a proposed rule.

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     (c) Unless a hearing is required by law of this state other than this chapter, an agency is not

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required to hold a hearing on a proposed rule but may do so. Opportunity for a hearing must be

 

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granted if a request is received by twenty-five (25) persons, or by a governmental agency, or by an

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association having not less than twenty-five (25) members, within ten (10) days of a notice posted

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in accordance with subsection (a). A hearing must be open to the public, recorded, and held at least

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five (5) days before the end of the public-comment period.

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     (d) A hearing on a proposed rule may not be held earlier than ten (10) days after notice of

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its location, date, and time is published on the secretary of state’s website.

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     (e) An agency representative shall preside over a hearing on a proposed rule. If the

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representative is not the agency head, the representative shall prepare a memorandum summarizing

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the contents of the presentations made at the hearing for consideration by the agency head.

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     SECTION 2. This act shall take effect upon passage.

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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 all state, municipal and quasi-state agencies proposing a rule to

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specify their public comments periods after publication of notice of the proposed rulemaking. The

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notice would include posting on the agency website with the corresponding email address in order

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for public comments and notice of related public workshops.

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     This act would take effect upon passage.

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