Rhode Island § 42-35-4 - Administrative Procedures

§ 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 that submitted the improper form within fifteen (15) days of receipt.

(b) The secretary of state, with notification to the agency, may make minor nonsubstantive 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.