2024 -- S 2884 | |
======== | |
LC005795 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
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: | |
1 | SECTION 1. Section 42-35-2.8 of the General Laws in Chapter 42-35 entitled |
2 | "Administrative Procedures" is hereby amended to read as follows: |
3 | 42-35-2.8. Public participation. |
4 | (a) An agency All state, municipal and quasi-state agencies proposing a rule shall specify |
5 | a public-comment period of at least thirty (30) days after publication of notice of the proposed |
6 | rulemaking on the agency's website, during which a person may submit information and comment |
7 | on the proposed rule. The notice shall specifically spell out the commencement and closing dates |
8 | to submit comments. The information or comment may be submitted in an electronic or written |
9 | format. The agencies shall post their email addresses for public comment. The agency shall |
10 | consider all information and comments on a proposed rule which is submitted pursuant to this |
11 | subsection within the comment period. Any related workshops shall be posted on the website. |
12 | (b) An agency may consider any other information it receives concerning a proposed rule |
13 | during the public-comment period. Any information considered by the agency must be incorporated |
14 | into the record under § 42-35-2.3. The information need not be submitted in an electronic or written |
15 | format. Nothing in this section prohibits an agency from discussing with any person at any time the |
16 | subject of a proposed rule. |
17 | (c) Unless a hearing is required by law of this state other than this chapter, an agency is not |
18 | required to hold a hearing on a proposed rule but may do so. Opportunity for a hearing must be |
| |
1 | granted if a request is received by twenty-five (25) persons, or by a governmental agency, or by an |
2 | association having not less than twenty-five (25) members, within ten (10) days of a notice posted |
3 | in accordance with subsection (a). A hearing must be open to the public, recorded, and held at least |
4 | five (5) days before the end of the public-comment period. |
5 | (d) A hearing on a proposed rule may not be held earlier than ten (10) days after notice of |
6 | its location, date, and time is published on the secretary of state’s website. |
7 | (e) An agency representative shall preside over a hearing on a proposed rule. If the |
8 | representative is not the agency head, the representative shall prepare a memorandum summarizing |
9 | the contents of the presentations made at the hearing for consideration by the agency head. |
10 | SECTION 2. This act shall take effect upon passage. |
======== | |
LC005795 | |
======== | |
| LC005795 - Page 2 of 3 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- ADMINISTRATIVE | |
PROCEDURES | |
*** | |
1 | This act would require all state, municipal and quasi-state agencies proposing a rule to |
2 | specify their public comments periods after publication of notice of the proposed rulemaking. The |
3 | notice would include posting on the agency website with the corresponding email address in order |
4 | for public comments and notice of related public workshops. |
5 | This act would take effect upon passage. |
======== | |
LC005795 | |
======== | |
| LC005795 - Page 3 of 3 |