State Codes and Statutes

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

SECTION 42-35-4

   § 42-35-4  Filing and taking effect ofrules. – (a) No later than thirty (30) days following the adoption of a rule each agencyshall file forthwith in the office of the secretary of state a certified copyof each such rule, and shall certify its compliance with the proceduralrequirements of § 42-35-3. The secretary of state shall keep a permanentregister of the rules open to public inspection.

   (b) Each rule hereafter adopted is effective twenty (20) daysafter filing with the secretary of state, except that:

   (1) If a later date is required by statute or specified inthe rule, the later date is the effective date;

   (2) Subject to applicable constitutional or statutoryprovisions, an emergency rule may become effective immediately upon filing withthe secretary of state, or at a stated date less than twenty (20) daysthereafter, if the agency finds that this effective date is necessary becauseof imminent perils to the public health, safety, or welfare. The agency'sfinding and a brief statement of the reasons therefor shall be filed with therule in the office of the secretary of state. The agency shall take appropriatemeasures to make emergency rules known to the persons who may be affected bythem.

   (3) Any rules, regulations or policy adopted by statedepartments, agencies or quasi-state departments or agencies which require anynew expenditure of money or increased expenditure of money by a city or townshall take effect on July 1 of the calendar year following the year ofadoption; provided, however when the rule, regulation or policy does not exceedwhat may be required by federal statute or regulation or court order, it shalltake effect upon its effective date of adoption.

   (4) Whenever it shall be determined by the governor that thepostponement of the effective date of rules, regulations or policies of statedepartments, agencies or quasi-state departments or agencies, shall cause anemergency situation which imperils the public's safety or public health, thegovernor may by executive order suspend the operation of, in whole or in part,§ 42-35-4(3) and such order shall remain in effect until it is rescindedby a subsequent executive order.

   (c) The secretary of state shall remove from the files ofrules, regulations or policies any rules, regulations or policies that are nolonger in effect according to the criteria in §§ 42-35-4.1(g) and42-35-4.2 and place them in another file or remove them to the state archivesor other document storage facility. The secretary of state may also maintainthese files on their original media or convert them to any other media of hisor her choice.

State Codes and Statutes

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

SECTION 42-35-4

   § 42-35-4  Filing and taking effect ofrules. – (a) No later than thirty (30) days following the adoption of a rule each agencyshall file forthwith in the office of the secretary of state a certified copyof each such rule, and shall certify its compliance with the proceduralrequirements of § 42-35-3. The secretary of state shall keep a permanentregister of the rules open to public inspection.

   (b) Each rule hereafter adopted is effective twenty (20) daysafter filing with the secretary of state, except that:

   (1) If a later date is required by statute or specified inthe rule, the later date is the effective date;

   (2) Subject to applicable constitutional or statutoryprovisions, an emergency rule may become effective immediately upon filing withthe secretary of state, or at a stated date less than twenty (20) daysthereafter, if the agency finds that this effective date is necessary becauseof imminent perils to the public health, safety, or welfare. The agency'sfinding and a brief statement of the reasons therefor shall be filed with therule in the office of the secretary of state. The agency shall take appropriatemeasures to make emergency rules known to the persons who may be affected bythem.

   (3) Any rules, regulations or policy adopted by statedepartments, agencies or quasi-state departments or agencies which require anynew expenditure of money or increased expenditure of money by a city or townshall take effect on July 1 of the calendar year following the year ofadoption; provided, however when the rule, regulation or policy does not exceedwhat may be required by federal statute or regulation or court order, it shalltake effect upon its effective date of adoption.

   (4) Whenever it shall be determined by the governor that thepostponement of the effective date of rules, regulations or policies of statedepartments, agencies or quasi-state departments or agencies, shall cause anemergency situation which imperils the public's safety or public health, thegovernor may by executive order suspend the operation of, in whole or in part,§ 42-35-4(3) and such order shall remain in effect until it is rescindedby a subsequent executive order.

   (c) The secretary of state shall remove from the files ofrules, regulations or policies any rules, regulations or policies that are nolonger in effect according to the criteria in §§ 42-35-4.1(g) and42-35-4.2 and place them in another file or remove them to the state archivesor other document storage facility. The secretary of state may also maintainthese files on their original media or convert them to any other media of hisor her choice.


State Codes and Statutes

State Codes and Statutes

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

SECTION 42-35-4

   § 42-35-4  Filing and taking effect ofrules. – (a) No later than thirty (30) days following the adoption of a rule each agencyshall file forthwith in the office of the secretary of state a certified copyof each such rule, and shall certify its compliance with the proceduralrequirements of § 42-35-3. The secretary of state shall keep a permanentregister of the rules open to public inspection.

   (b) Each rule hereafter adopted is effective twenty (20) daysafter filing with the secretary of state, except that:

   (1) If a later date is required by statute or specified inthe rule, the later date is the effective date;

   (2) Subject to applicable constitutional or statutoryprovisions, an emergency rule may become effective immediately upon filing withthe secretary of state, or at a stated date less than twenty (20) daysthereafter, if the agency finds that this effective date is necessary becauseof imminent perils to the public health, safety, or welfare. The agency'sfinding and a brief statement of the reasons therefor shall be filed with therule in the office of the secretary of state. The agency shall take appropriatemeasures to make emergency rules known to the persons who may be affected bythem.

   (3) Any rules, regulations or policy adopted by statedepartments, agencies or quasi-state departments or agencies which require anynew expenditure of money or increased expenditure of money by a city or townshall take effect on July 1 of the calendar year following the year ofadoption; provided, however when the rule, regulation or policy does not exceedwhat may be required by federal statute or regulation or court order, it shalltake effect upon its effective date of adoption.

   (4) Whenever it shall be determined by the governor that thepostponement of the effective date of rules, regulations or policies of statedepartments, agencies or quasi-state departments or agencies, shall cause anemergency situation which imperils the public's safety or public health, thegovernor may by executive order suspend the operation of, in whole or in part,§ 42-35-4(3) and such order shall remain in effect until it is rescindedby a subsequent executive order.

   (c) The secretary of state shall remove from the files ofrules, regulations or policies any rules, regulations or policies that are nolonger in effect according to the criteria in §§ 42-35-4.1(g) and42-35-4.2 and place them in another file or remove them to the state archivesor other document storage facility. The secretary of state may also maintainthese files on their original media or convert them to any other media of hisor her choice.