220 R.I. Code R. 220-RICR-90-00-1.16

Current through December 26, 2024

Section 220-RICR-90-00-1.16 - Request for the Promulgation of a Rule

A. The purpose of this section and § 1.17 of this Part is to prescribe the form of a Petition for Promulgation of Rules pursuant to R.I. Gen. Laws § 42-35-6 and the procedure for its submission, consideration, and disposition.

B. For purposes of this section and § 1.17 of this Part only, the following definitions shall apply:

1. "Department" means HealthSource RI.

2. "Petition" means a request for the promulgation of a Rule.

3. "Petitioner" means a person requesting the promulgation of a Rule.

4. "Promulgate", with respect to a Rule, means the process of writing a new Rule, or amending or repealing an existing Rule.

5. "Rule" means the whole or a part of an agency statement of general applicability that implements, interprets, or prescribes law or policy or the organization, procedure, or practice requirements of an agency and has the force of law. The term includes the amendment or repeal of an existing Rule. The term is used interchangeably with the term "regulation." The term does not include the exceptions listed in R.I. Gen. Laws §§ 42-35-1(19)(i) through (vi).

C. A request to promulgate a Rule must be in writing and include the following information:

1. The name and address of the petitioner;

2. A plain statement identifying the Rule or proposed new Rule at issue;

3. A detailed statement of all facts relied upon by the petitioner;

4. A plain statement requesting the promulgation of a Rule, and further indicating whether petitioner seeks a new Rule or the amendment or repeal of an existing Rule.

a. In the case of a request for the repeal of an existing Rule, the petitioner shall identify the Rule by title and/or RICR citation.

b. In the case of a request for an amendment to an existing Rule, the petitioner must identify with specificity any proposed additions, deletions, or other amendments. New proposed language must be clearly marked using underline formatting for proposed insertions, and strike through formatting for proposed deletions.

D. A request for the promulgation of a Rule must be submitted to:

HealthSource RI

Attn: Legal Services

501 Wampanoag Trail

Suite 400

East Providence, RI 02915

220 R.I. Code R. 220-RICR-90-00-1.16

Amended effective 12/22/2019
Amended effective 12/31/2020
Amended effective 4/2/2023