Header:
General Laws of Rhode Island
TITLE 42. STATE AFFAIRS AND GOVERNMENT
CHAPTER 35. ADMINISTRATIVE PROCEDURES
Date:
08/31/2009
Document:
§ 42-35-4. Filing and taking effect of rules
(a) No later than thirty (30) days following the adoption of a rule each agency shall file forthwith in the office of the secretary of state a certified copy of each such rule, and shall certify its compliance with the procedural requirements of § 42-35-3. The secretary of state shall keep a permanent register of the rules open to public inspection.
(b) Each rule hereafter adopted is effective twenty (20) days after filing with the secretary of state, except that:
(1) If a later date is required by statute or specified in the rule, the later date is the effective date;
(2) Subject to applicable constitutional or statutory provisions, an emergency rule may become effective immediately upon filing with the secretary of state, or at a stated date less than twenty (20) days thereafter, if the agency finds that this effective date is necessary because of imminent perils to the public health, safety, or welfare. The agency's finding and a brief statement of the reasons therefor shall be filed with the rule in the office of the secretary of state. The agency shall take appropriate measures to make emergency rules known to the persons who may be affected by them.
(3) Any rules, regulations or policy adopted by state departments, agencies or quasi-state departments or agencies which require any new expenditure of money or increased expenditure of money by a city or town shall take effect on July 1 of the calendar year following the year of adoption; provided, however when the rule, regulation or policy does not exceed what may be required by federal statute or regulation or court order, it shall take effect upon its effective date of adoption.
(4) Whenever it shall be determined by the governor that the postponement of the effective date of rules, regulations or policies of state departments, agencies or quasi-state departments or agencies, shall cause an emergency situation which imperils the public's safety or public health, the governor may by executive order suspend the operation of, in whole or in part, § 42-35-4(3) and such order shall remain in effect until it is rescinded by a subsequent executive order.
(c) The secretary of state shall remove from the files of rules, regulations or policies any rules, regulations or policies that are no longer in effect according to the criteria in §§ 42-35-4.1(g) and 42-35-4.2 and place them in another file or remove them to the state archives or other document storage facility. The secretary of state may also maintain these files on their original media or convert them to any other media of his or her choice.
|