§ 42-35-8. Declaratory order.
(a) A person may petition an agency for a declaratory order that interprets or applies a statute administered by the agency or states whether, or in what manner, a rule, guidance document, or order issued by the agency applies to the petitioner.
(b) An agency shall promulgate rules prescribing the form of a petition under subsection (a) and the procedure for its submission, consideration, and prompt disposition. The provisions of this chapter concerning formal, informal, or other applicable hearing procedure do not apply to an agency proceeding for a declaratory order, except to the extent provided in this section or to the extent the agency provides by rule or order.
(c) Not later than sixty (60) days after receipt of a petition under subsection (a), an agency shall issue a declaratory order in response to the petition, decline to issue the order, or schedule the matter for further consideration.
(d) If an agency declines to issue a declaratory order requested under subsection (a), it shall notify, promptly, the petitioner of its decision. The decision must be in a record and must include a brief statement of the reasons for declining. An agency decision to decline to issue a declaratory order is subject to judicial review for abuse of discretion. An agency failure to act within the applicable time under subsection (c) is subject to judicial action under § 42-35-15.
(e) If an agency issues a declaratory order, the order must contain the names of all parties to the proceeding, the facts on which it is based, and the reasons for the agency’s conclusion. If an agency is authorized not to disclose certain information in its records to protect confidentiality, the agency may redact confidential information in the order. The order has the same status and binding effect as an order issued in a contested case and is subject to judicial review under § 42-35-15.
(f) An agency shall publish each currently effective declaratory order on its agency website.
(g) An agency shall maintain a current and publicly accessible index of all of its currently effective declaratory orders on its website; file the index with the secretary of state; make the index readily available for public inspection; and make available for public inspection and, for a reasonable charge, copying the full text of all declaratory orders to the extent inspection is permitted by law of this state other than this chapter. Declaratory orders are effective only if filed with the secretary of state.
History of Section.G.L. 1956, § 42-35-8; P.L. 1962, ch. 112, § 1; P.L. 1986, ch. 281, § 7; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.
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.