State Codes and Statutes

Statutes > Rhode-island > Title-42 > Chapter-42-35 > 42-35-3-4

SECTION 42-35-3.4

   § 42-35-3.4  Periodic review of rules.– (a) Within two (2) years after December 31, 2008, each agency shall review allagency rules existing at the time of enactment to determine whether such rulesshould be continued without change, or should be amended or rescinded, byexamining whether the rules are consistent with the stated objectives ofapplicable statutes and are authorized by, and conform with those statutes. Thereview must include, but need not be limited to, minimizing the economic impactof the rules on small businesses in a manner consistent with the objectives ofapplicable statutes and ensuring consistency with and conformance with thosestatutes. If the head of the agency determines that completion of the review ofexisting rules is not feasible by the established date, the agency shallpublish a statement certifying that determination and shall provide a copy ofthat statement and determination to the speaker of the house, the senatepresident, the house fiscal advisor, and the senate fiscal advisor. Thestatement shall include the number of rules that have thus far been reviewed bythe agency in accordance with this section, and the number still to bereviewed. The agency may extend the completion date by one year at a time for atotal of not more than five (5) years.

   (b) In reviewing rules, the agency shall consider thefollowing factors:

   (1) The continued need for the rules;

   (2) The nature of complaints or comments received concerningthe rule from the public;

   (3) The complexity of the rule;

   (4) The extent to which the rule overlaps, duplicates, orconflicts with other federal, state and local government rules;

   (5) The length of time since the rule has been evaluated orthe degree to which technology, economic conditions or other factors havechanged in the area affected by the rule.

   (6) Whether the rules are consistent with current agencypractices and procedures; and

   (7) Whether the rules are consistent with and authorized byapplicable statutes.

   (c) All rules reviewed in accordance with this section, shallbe reviewed every five (5) years thereafter.

State Codes and Statutes

Statutes > Rhode-island > Title-42 > Chapter-42-35 > 42-35-3-4

SECTION 42-35-3.4

   § 42-35-3.4  Periodic review of rules.– (a) Within two (2) years after December 31, 2008, each agency shall review allagency rules existing at the time of enactment to determine whether such rulesshould be continued without change, or should be amended or rescinded, byexamining whether the rules are consistent with the stated objectives ofapplicable statutes and are authorized by, and conform with those statutes. Thereview must include, but need not be limited to, minimizing the economic impactof the rules on small businesses in a manner consistent with the objectives ofapplicable statutes and ensuring consistency with and conformance with thosestatutes. If the head of the agency determines that completion of the review ofexisting rules is not feasible by the established date, the agency shallpublish a statement certifying that determination and shall provide a copy ofthat statement and determination to the speaker of the house, the senatepresident, the house fiscal advisor, and the senate fiscal advisor. Thestatement shall include the number of rules that have thus far been reviewed bythe agency in accordance with this section, and the number still to bereviewed. The agency may extend the completion date by one year at a time for atotal of not more than five (5) years.

   (b) In reviewing rules, the agency shall consider thefollowing factors:

   (1) The continued need for the rules;

   (2) The nature of complaints or comments received concerningthe rule from the public;

   (3) The complexity of the rule;

   (4) The extent to which the rule overlaps, duplicates, orconflicts with other federal, state and local government rules;

   (5) The length of time since the rule has been evaluated orthe degree to which technology, economic conditions or other factors havechanged in the area affected by the rule.

   (6) Whether the rules are consistent with current agencypractices and procedures; and

   (7) Whether the rules are consistent with and authorized byapplicable statutes.

   (c) All rules reviewed in accordance with this section, shallbe reviewed every five (5) years thereafter.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-42 > Chapter-42-35 > 42-35-3-4

SECTION 42-35-3.4

   § 42-35-3.4  Periodic review of rules.– (a) Within two (2) years after December 31, 2008, each agency shall review allagency rules existing at the time of enactment to determine whether such rulesshould be continued without change, or should be amended or rescinded, byexamining whether the rules are consistent with the stated objectives ofapplicable statutes and are authorized by, and conform with those statutes. Thereview must include, but need not be limited to, minimizing the economic impactof the rules on small businesses in a manner consistent with the objectives ofapplicable statutes and ensuring consistency with and conformance with thosestatutes. If the head of the agency determines that completion of the review ofexisting rules is not feasible by the established date, the agency shallpublish a statement certifying that determination and shall provide a copy ofthat statement and determination to the speaker of the house, the senatepresident, the house fiscal advisor, and the senate fiscal advisor. Thestatement shall include the number of rules that have thus far been reviewed bythe agency in accordance with this section, and the number still to bereviewed. The agency may extend the completion date by one year at a time for atotal of not more than five (5) years.

   (b) In reviewing rules, the agency shall consider thefollowing factors:

   (1) The continued need for the rules;

   (2) The nature of complaints or comments received concerningthe rule from the public;

   (3) The complexity of the rule;

   (4) The extent to which the rule overlaps, duplicates, orconflicts with other federal, state and local government rules;

   (5) The length of time since the rule has been evaluated orthe degree to which technology, economic conditions or other factors havechanged in the area affected by the rule.

   (6) Whether the rules are consistent with current agencypractices and procedures; and

   (7) Whether the rules are consistent with and authorized byapplicable statutes.

   (c) All rules reviewed in accordance with this section, shallbe reviewed every five (5) years thereafter.