220 R.I. Code R. 220-RICR-50-10-1.4

Current through December 26, 2024
Section 220-RICR-50-10-1.4 - Declaratory Rulings
A. General. Pursuant to R.I. Gen. Laws § 42-35-8, any interested person may petition the Department for a declaratory ruling as to the applicability of any statutory provision or of any rule or order of the Department. The Department shall consider the petition and within a reasonable time the Department shall:
1. Issue a declaratory ruling; or
2. Set a reasonable time and place for hearing argument upon the matter and give reasonable notification to the person of the time and place for such hearing and of the issues involved.
a. If a hearing as provided in § 1.4(A)(2) of this Part is conducted, the Department shall within a reasonable time thereafter issue a binding declaratory ruling.
B. Form of Petition. Any interested person petitioning the Department for a declaratory ruling shall generally adhere to the following requirements for such purpose:
1. At the top of the page shall appear the wording "Before the Department of Administration." On the left side of the page below the foregoing, the following caption shall be set out: "In the Matter of the Petition of (name of the petitioning party) for a Declaratory Ruling." Opposite the foregoing caption shall appear the word "Petition."
2. The body of the petition shall be set out in numbered paragraphs. The first paragraph shall state the name and the address of the petitioning party. The second paragraph shall state all rules or statutes that may be brought into issue by the petition. Succeeding paragraphs shall state the facts relied upon in form similar to complaints in civil actions before the superior courts of this state. The concluding paragraphs shall contain the relief or order sought. The petition shall be signed by the petitioner and/or his or her attorney and shall state that the facts contained in such petition are true and accurate to the best of the petitioner's knowledge and belief.
3. The original and two (2) copies shall be filed with the Department.
4. Petitions shall be on 8 and 1/2 x 11"white paper.

220 R.I. Code R. 220-RICR-50-10-1.4