§ 42-35-2.8. Public participation.
(a) An agency proposing a rule shall specify a public-comment period of at least thirty (30) days after publication of notice of the proposed rulemaking, during which a person may submit information and comment on the proposed rule. The information or comment may be submitted in an electronic or written format. The agency shall consider all information and comments on a proposed rule which is submitted pursuant to this subsection within the comment period.
(b) An agency may consider any other information it receives concerning a proposed rule during the public-comment period. Any information considered by the agency must be incorporated into the record under § 42-35-2.3. The information need not be submitted in an electronic or written format. Nothing in this section prohibits an agency from discussing with any person at any time the subject of a proposed rule.
(c) Unless a hearing is required by law of this state other than this chapter, an agency is not required to hold a hearing on a proposed rule but may do so. Opportunity for a hearing must be granted if a request is received by twenty-five (25) persons, or by a governmental agency, or by an association having not less than twenty-five (25) members, within ten (10) days of a notice posted in accordance with subsection (a). A hearing must be open to the public, recorded, and held at least five (5) days before the end of the public-comment period.
(d) A hearing on a proposed rule may not be held earlier than ten (10) days after notice of its location, date, and time is published on the secretary of state’s website.
(e) An agency representative shall preside over a hearing on a proposed rule. If the representative is not the agency head, the representative shall prepare a memorandum summarizing the contents of the presentations made at the hearing for consideration by the agency head.
History of Section.P.L. 2016, ch. 203, § 3; P.L. 2016, ch. 206, § 3.
Structure Rhode Island General Laws
Title 42 - State Affairs and Government
Chapter 42-35 - Administrative Procedures
Section 42-35-1. - Definitions.
Section 42-35-1.1. - Applicability.
Section 42-35-2. - Required agency publication and recordkeeping.
Section 42-35-2.1. - Rules coordinator.
Section 42-35-2.2. - Publication — Agency duties.
Section 42-35-2.3. - Rulemaking record.
Section 42-35-2.4. - Electronic filing.
Section 42-35-2.5. - Advance notice of proposed rulemaking.
Section 42-35-2.6. - Concise explanatory statement.
Section 42-35-2.7. - Notice of proposed rulemaking.
Section 42-35-2.8. - Public participation.
Section 42-35-2.9. - Regulatory analysis.
Section 42-35-2.10. - Emergency rule.
Section 42-35-2.11. - Direct final rule.
Section 42-35-2.12. - Guidance document.
Section 42-35-3. - Electronic filing of annual reports.
Section 42-35-3.1. - Repealed.
Section 42-35-3.2. - Incorporation by reference.
Section 42-35-3.3. - Repealed.
Section 42-35-3.4. - Repealed.
Section 42-35-3.5. - Simultaneous regulatory, licensing, and permitting processes.
Section 42-35-4. - Filing and taking effect of rules.
Section 42-35-4.1. - Refiling of rules and regulations.
Section 42-35-4.2. - Periodic refiling of rules and regulations.
Section 42-35-5.1. - Rulemaking agenda.
Section 42-35-6. - Petition for promulgation of rules.
Section 42-35-6.1. - Variance between proposed and final rule.
Section 42-35-6.2. - Compliance.
Section 42-35-7. - Declaratory judgment on validity or applicability of rules.
Section 42-35-8. - Declaratory order.
Section 42-35-9. - Contested cases — Notice — Hearing — Records.
Section 42-35-9.1. - Repealed.
Section 42-35-10. - Rules of evidence — Official notice.
Section 42-35-11. - Examination of evidence by agency.
Section 42-35-13. - Ex parte consultations.
Section 42-35-15. - Judicial review of contested cases.
Section 42-35-15.1. - Manner of taking appeals from administrative agencies.
Section 42-35-16. - Review by supreme court.
Section 42-35-17. - Severability.
Section 42-35-18. - Effective date of chapter — Scope of application and exemptions.