State Codes and Statutes

Statutes > Rhode-island > Title-42 > Chapter-42-35 > 42-35-1

SECTION 42-35-1

   § 42-35-1  Definitions. – As used in this chapter:

   (1) "Agency" includes each state board, commission,department, or officer, other than the legislature or the courts, authorized bylaw to make rules or to determine contested cases, and all "authorities", asthat term is defined below;

   (2) "Authorities" includes the following: the Rhode Islandindustrial building authority, the Rhode Island recreational buildingauthority, the Rhode Island economic development corporation, the Rhode Islandindustrial facilities corporation, the Rhode Island refunding bond authority,the Rhode Island housing and mortgage finance corporation, the Rhode Islandsolid waste management corporation, the Rhode Island public transit authority,the Rhode Island student loan authority, the Howard development corporation,the water resources board, the Rhode Island health and educational buildingcorporation, the Rhode Island higher education assistance authority, the RhodeIsland turnpike and bridge authority, the Blackstone Valley districtcommission, the Narragansett Bay water quality management district commission,their successors and assigns, and any body corporate and politic with the powerto issue bonds and notes, which are direct, guaranteed, contingent, or moralobligations of the state, which is hereinafter created or established in thisstate.

   (3) "Contested case" means a proceeding, including but notrestricted to ratemaking, price fixing, and licensing, in which the legalrights, duties, or privileges of a specific party are required by law to bedetermined by an agency after an opportunity for hearing;

   (4) "License" includes the whole or part of any agencypermit, certificate, approval, registration, charter, or similar form ofpermission required by law, but it does not include a license required solelyfor revenue purposes;

   (5) "Licensing" includes the agency process respecting thegrant, denial, renewal, revocation, suspension, annulment, withdrawal, oramendment of a license;

   (6) "Party" means each person or agency named or admitted asa party, or properly seeking and entitled as of right to be admitted as a party;

   (7) "Person" means any individual, partnership, corporation,association, governmental subdivision, or public or private organization of anycharacter other than an agency;

   (8) "Rule" means each agency statement of generalapplicability that implements, interprets, or prescribes law or policy ordescribes the organization, procedure, or practice requirements of any agency.The term includes the amendment or repeal of a prior rule, but does notinclude: (1) statements concerning only the internal management of an agencyand not affecting private rights or procedures available to the public, or (2)declaratory rulings issued pursuant to § 42-35-8, (3) intra-agencymemoranda, or (4) an order;

   (9) "Small business" shall shall have the same meanings thatare provided for under title 13, volume 1, part 121 of the Code of FederalRegulations (13 CFR 121, as may be amended from time to time);

   (10) "Order" means the whole or a part of a finaldisposition, whether affirmative, negative, injunctive or declaratory in form,of a contested case;

   (11) "Small business advocate" means the person appointed bythe director of the economic development corporation as provided in §42-64-34.

State Codes and Statutes

Statutes > Rhode-island > Title-42 > Chapter-42-35 > 42-35-1

SECTION 42-35-1

   § 42-35-1  Definitions. – As used in this chapter:

   (1) "Agency" includes each state board, commission,department, or officer, other than the legislature or the courts, authorized bylaw to make rules or to determine contested cases, and all "authorities", asthat term is defined below;

   (2) "Authorities" includes the following: the Rhode Islandindustrial building authority, the Rhode Island recreational buildingauthority, the Rhode Island economic development corporation, the Rhode Islandindustrial facilities corporation, the Rhode Island refunding bond authority,the Rhode Island housing and mortgage finance corporation, the Rhode Islandsolid waste management corporation, the Rhode Island public transit authority,the Rhode Island student loan authority, the Howard development corporation,the water resources board, the Rhode Island health and educational buildingcorporation, the Rhode Island higher education assistance authority, the RhodeIsland turnpike and bridge authority, the Blackstone Valley districtcommission, the Narragansett Bay water quality management district commission,their successors and assigns, and any body corporate and politic with the powerto issue bonds and notes, which are direct, guaranteed, contingent, or moralobligations of the state, which is hereinafter created or established in thisstate.

   (3) "Contested case" means a proceeding, including but notrestricted to ratemaking, price fixing, and licensing, in which the legalrights, duties, or privileges of a specific party are required by law to bedetermined by an agency after an opportunity for hearing;

   (4) "License" includes the whole or part of any agencypermit, certificate, approval, registration, charter, or similar form ofpermission required by law, but it does not include a license required solelyfor revenue purposes;

   (5) "Licensing" includes the agency process respecting thegrant, denial, renewal, revocation, suspension, annulment, withdrawal, oramendment of a license;

   (6) "Party" means each person or agency named or admitted asa party, or properly seeking and entitled as of right to be admitted as a party;

   (7) "Person" means any individual, partnership, corporation,association, governmental subdivision, or public or private organization of anycharacter other than an agency;

   (8) "Rule" means each agency statement of generalapplicability that implements, interprets, or prescribes law or policy ordescribes the organization, procedure, or practice requirements of any agency.The term includes the amendment or repeal of a prior rule, but does notinclude: (1) statements concerning only the internal management of an agencyand not affecting private rights or procedures available to the public, or (2)declaratory rulings issued pursuant to § 42-35-8, (3) intra-agencymemoranda, or (4) an order;

   (9) "Small business" shall shall have the same meanings thatare provided for under title 13, volume 1, part 121 of the Code of FederalRegulations (13 CFR 121, as may be amended from time to time);

   (10) "Order" means the whole or a part of a finaldisposition, whether affirmative, negative, injunctive or declaratory in form,of a contested case;

   (11) "Small business advocate" means the person appointed bythe director of the economic development corporation as provided in §42-64-34.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-42 > Chapter-42-35 > 42-35-1

SECTION 42-35-1

   § 42-35-1  Definitions. – As used in this chapter:

   (1) "Agency" includes each state board, commission,department, or officer, other than the legislature or the courts, authorized bylaw to make rules or to determine contested cases, and all "authorities", asthat term is defined below;

   (2) "Authorities" includes the following: the Rhode Islandindustrial building authority, the Rhode Island recreational buildingauthority, the Rhode Island economic development corporation, the Rhode Islandindustrial facilities corporation, the Rhode Island refunding bond authority,the Rhode Island housing and mortgage finance corporation, the Rhode Islandsolid waste management corporation, the Rhode Island public transit authority,the Rhode Island student loan authority, the Howard development corporation,the water resources board, the Rhode Island health and educational buildingcorporation, the Rhode Island higher education assistance authority, the RhodeIsland turnpike and bridge authority, the Blackstone Valley districtcommission, the Narragansett Bay water quality management district commission,their successors and assigns, and any body corporate and politic with the powerto issue bonds and notes, which are direct, guaranteed, contingent, or moralobligations of the state, which is hereinafter created or established in thisstate.

   (3) "Contested case" means a proceeding, including but notrestricted to ratemaking, price fixing, and licensing, in which the legalrights, duties, or privileges of a specific party are required by law to bedetermined by an agency after an opportunity for hearing;

   (4) "License" includes the whole or part of any agencypermit, certificate, approval, registration, charter, or similar form ofpermission required by law, but it does not include a license required solelyfor revenue purposes;

   (5) "Licensing" includes the agency process respecting thegrant, denial, renewal, revocation, suspension, annulment, withdrawal, oramendment of a license;

   (6) "Party" means each person or agency named or admitted asa party, or properly seeking and entitled as of right to be admitted as a party;

   (7) "Person" means any individual, partnership, corporation,association, governmental subdivision, or public or private organization of anycharacter other than an agency;

   (8) "Rule" means each agency statement of generalapplicability that implements, interprets, or prescribes law or policy ordescribes the organization, procedure, or practice requirements of any agency.The term includes the amendment or repeal of a prior rule, but does notinclude: (1) statements concerning only the internal management of an agencyand not affecting private rights or procedures available to the public, or (2)declaratory rulings issued pursuant to § 42-35-8, (3) intra-agencymemoranda, or (4) an order;

   (9) "Small business" shall shall have the same meanings thatare provided for under title 13, volume 1, part 121 of the Code of FederalRegulations (13 CFR 121, as may be amended from time to time);

   (10) "Order" means the whole or a part of a finaldisposition, whether affirmative, negative, injunctive or declaratory in form,of a contested case;

   (11) "Small business advocate" means the person appointed bythe director of the economic development corporation as provided in §42-64-34.