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Rhode Island General Laws 42-35-1.1. Applicability

Current as of: 2023 | Check for updates | Other versions

     

(a)  This chapter applies to an agency unless the agency is exempted by Rhode Island general laws.

Terms Used In Rhode Island General Laws 42-35-1.1

  • agency: means a state agency, authority, board, bureau, commission, department, district, division, institution, office, officer, quasi-public agency, or other political subdivisions created by the general assembly or the governor, other than the legislature or the judiciary, that is authorized by law of this state to make rules or to determine contested cases. See Rhode Island General Laws 42-35-1
  • Agency action: means :

    (i)  The whole or part of an order or rule;

    (ii)  The failure to issue an order or rule; or

    (iii)  An agency's performing, or failing to perform, a duty, function, or activity or to make a determination required by law. See Rhode Island General Laws 42-35-1

  • Contested case: means a proceeding, including but not restricted to, ratemaking, price fixing, and licensing, in which the legal rights, duties, or privileges of a specific party are required by law to be determined by an agency after an opportunity for hearing. See Rhode Island General Laws 42-35-1

(b)  This chapter applies to all agency proceedings and all proceedings for judicial review or civil enforcement of agency action commenced after the effective date of this chapter [June 29, 2016]. This chapter does not apply to any contested case for which notice was given before that date and rulemaking for which notice was given or a petition was filed before that date, for which all prior laws in effect at the time shall apply.

History of Section.
P.L. 1994, ch. 70, art. 2, § 8; P.L. 2016, ch. 203, § 2; P.L. 2016, ch. 206, § 2.

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Rhode Island General Laws 42-35.1-1. Legislative findings

Current as of: 2023 | Check for updates | Other versions

     

The general assembly finds and declares that:

(1)  A vibrant and growing small business sector is critical to creating jobs in a dynamic economy;

(2)  Small businesses bear a disproportionate share of regulatory costs and burdens;

(3)  Fundamental changes that are needed in the regulatory and enforcement culture of state agencies to make them more responsive to small business can be made without compromising the statutory missions of the agencies;

(4)  When adopting regulations to protect the health, safety, and economic welfare of Rhode Island state agencies should seek to achieve statutory goals as effectively and efficiently as possible without imposing unnecessary burdens on small employers;

(5)  Uniform regulatory and reporting requirements can impose unnecessary and disproportionately burdensome demands including legal, accounting and consulting costs upon small businesses with limited resources;

(6)  The failure to recognize differences in the scale and resources of regulated businesses can adversely affect competition in the marketplace, discourage innovation, and restrict improvements in productivity;

(7)  Unnecessary regulations create entry barriers in many industries and discourage potential entrepreneurs from introducing beneficial products and processes;

(8)  The practice of treating all regulated businesses as equivalent may lead to inefficient use of regulatory agency resources, enforcement problems, and in some cases, to actions inconsistent with the legislative intent of health, safety, environmental, and economic welfare legislation;

(9)  Alternative regulatory approaches which do not conflict with the stated objective of applicable statutes may be available to minimize the significant economic impact of rules on small businesses;

(10)  The process by which state regulations are developed and adopted should be reformed to require agencies to solicit the ideas and comments of small businesses, to examine the impact of proposed and existing rules on such businesses, and to review the continued need for existing rules.

History of Section.
P.L. 2009, ch. 229, § 1; P.L. 2009, ch. 230, § 1.

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