(a) An agency shall:
(1) Publish and make available for public inspection a description of its organization,
stating the general course and method of its operations and the methods by which the
public may obtain information or make submissions or requests;
(2) Publish and make available for public inspection a description of all procedures,
including a description of all forms and instructions used by the agency;
(3) Publish and make available for public inspection a description of the process for
application for a license, available benefits, or other matters for which an application
is appropriate on its agency website, unless the process is prescribed by law other
than this chapter;
(4) Publish rules for the conduct of public hearings, and make available these rules for
public inspection;
(5) Maintain and make available for public inspection the agency’s current rulemaking
agenda required by § 42-35-5.1; and
(6) Maintain and publish a separate, current, and dated index and compilation of all final
rules filed with the secretary of state, make the index and compilation available
for public inspection and, for a reasonable charge, copying at the principal office
of the agency; update the index and compilation at least monthly; and file the index
and the compilation and all changes to both with the secretary of state.
(b) All documents required by this section must be published on the agency’s website by
December 31, 2018, and maintained on the website thereafter.
Notes of Decisions
Cited in
9
cases, 1967–2004 · leading case:
Mosby v. Devine, 851 A.2d 1031 (R.I. 2004).
Mosby v. Devine, 851 A.2d 1031 (R.I. 2004).
· cites it 2× “Pursuant to the APA, the department must do more than merely promulgate internal, *1081 nonbinding "guidelines" to oversee the application process.”
Gomes v. Travisono, 353 F. Supp. 457 (D.R.I. 1973).
· cites it 2× “G.L. § 42-35-2. Equal protection requires application of these Morris rules procedures to inmates whose transfers have been triggered by a disciplinary violation.”
In Re Advisory Opinion to the Governor, 612 A.2d 1 (R.I. 1992).
“9 Specifically, § 42-35-2(a) provides in pertinent part that “each agency shall * * * (2) Adopt rules of practice * * * (3) Make available to public inspection all rules * * * adopted * * * by the agency.”
Newport Nat'l Bank v. Providence Inst. for Sav., 226 A.2d 137 (R.I. 1967).
· cites it 2× “The remonstrants appeared at ’the initial hearing before the board at which they requested permission to enter their *617 appearance as parties of record, raised the question of, the applicability of the act, and objected to further proceedings pending the adoption by the board…”
Naughton v. Goodman, 363 A.2d 1345 (R.I. 1976).
“We would also point out to the state agency that since it has now been in business for over 5 years, it should formalize and adopt rules of practice pursuant to the terms of §§42-35-2, 42-35-3, and 42-35-4 so that others like the petitioners will know the route and procedures to…”
Allard v. Dep't of Transp., 609 A.2d 930 (R.I. 1992).
· cites it 2× “The petitioner claims that the DOT failed to publish or to make available the adopted federal safety regulations for public inspection as required by § 42-35-2(b). Specifically § 42-35-2(b) provides, “No agency rule, order, or decision is valid or effective against any person or…”
Sterling Shoe Co. v. Langton, 240 A.2d 727 (R.I. 1968).
· cites it 2× “See especially §§42-35-2, 9 to 13, as amended. In his answer and the responses contained in reply to plaintiff’s interrogatories, the administrator asserted the adoption by his agency of rules and regulations as required by §42-35-2, but conceded that plaintiff had not been…”
Doe v. Rhode Island Ethics Comm'n, 575 A.2d 993 (R.I. 1990).
· cites it 2× “This rule-making power is “subject to, and shall be exercised in conformity with, §§ 42-35-2 — 42-35-7, entitled ‘Administrative Procedures.”
— R.I. Gen. Laws § 42-35-2(2) — 1 case
Newport Nat'l Bank v. Providence Inst. for Sav., 226 A.2d 137 (R.I. 1967).
“The remonstrants appeared at ’the initial hearing before the board at which they requested permission to enter their *617 appearance as parties of record, raised the question of, the applicability of the act, and objected to further proceedings pending the adoption by the board…”
— R.I. Gen. Laws § 42-35-2(a) — 2 cases
In Re Advisory Opinion to the Governor, 612 A.2d 1 (R.I. 1992).
“9 Specifically, § 42-35-2(a) provides in pertinent part that “each agency shall * * * (2) Adopt rules of practice * * * (3) Make available to public inspection all rules * * * adopted * * * by the agency.”
— R.I. Gen. Laws § 42-35-2(b) — 1 case
Allard v. Dep't of Transp., 609 A.2d 930 (R.I. 1992).
“The petitioner claims that the DOT failed to publish or to make available the adopted federal safety regulations for public inspection as required by § 42-35-2(b). Specifically § 42-35-2(b) provides, “No agency rule, order, or decision is valid or effective against any person or…”
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