R.I. Gen. Laws
Rhode Island General Laws

R.I. Gen. Laws § 42-35-7 (2026)

Declaratory judgment on validity or applicability of rules

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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The validity or applicability of any rule may be determined in an action for declaratory judgment in the superior court of Providence County, when it is alleged that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff. The agency shall be made a party to the action. A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question.

Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1974–2023 · leading case: Kaveny v. Town of Cumberland Zoning Bd. of Review, 875 A.2d 1 (R.I. 2005).
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Kaveny v. Town of Cumberland Zoning Bd. of Review, 875 A.2d 1 (R.I. 2005). · cites it 3× “When the question is ultimately the validity of a duly adopted regulation, rather than an agency decision in a “contested case," the mechanism for such a challenge is an action for declaratory judgment in Providence County Superior Court, pursuant to G.L.1956 § 42-35-7. Compare…”
Newbay Corp. v. Annarummo, 587 A.2d 63 (R.I. 1991). · cites it 10× “1956 (1988 Reenactment) § 42-35-7 in the Superior Court. Section 42-35-7 allows a party *65 to contest the validity or applicability of any agency rule when the rule or its threatened application impairs or threatens to impair a legal right or privilege of the contesting party.”
Millett v. Hoisting Engineers' Licensing Div. of the Dep't of Labor, 377 A.2d 229 (R.I. 1977). · cites it 3× “1956 (1969 Reenactment) §42-35-7 of the Administrative Procedures Act.”
In re Advisory Opinion to the Governor, 732 A.2d 55 (R.I. 1999). · cites it 2× “See also § 36-14-9(a)(15)(b) (Administrative Procedures Act applicable to the ethics commission); § 36-14-15 (any action by ethics commission shall be subject to judicial review); G.L.1956 § 42-35-7 (“The validity or applicability of any rule may be determined in an action for…”
Park v. Rizzo Ford, Inc., 893 A.2d 216 (R.I. 2006). · cites it 2× “The motion justice determined, pursuant to G.L.1956 § 42-35-7, that plaintiffs’ request was properly before the court.”
Town of Richmond v. Rhode Island Dep't of Env't Mgmt., 941 A.2d 151 (R.I. 2008). · cites it 3× “The record discloses that the trial justice based his decision on § 42-35-7, which allows a party to seek a declaratory judgment on “[t]he validity or applicability of any [agency] rule * * * when it is alleged that the rule, or its threatened application, interferes with or…”
Riley v. Rhode Island Dep't of Env't Mgmt., 941 A.2d 198 (R.I. 2008). · cites it 2× “Section 42-35-7 reads: “The validity or applicability of any rule may be determined in an action for declaratory judgment in the superior court of Providence County, when it is alleged that the rule, or its threatened application, interferes with or impairs, or threatens to…”
Rhode Island Repub. Party v. Daluz, 961 A.2d 287 (R.I. 2008). · cites it 3× “Although the trial justice made passing reference to § 42-35-7, 12 he did not base his jurisdictional conclusions on the APA.”
RIH Med. Found., Inc. v. Nolan, 723 A.2d 1123 (R.I. 1999). · cites it 3× “In response, the Foundation filed an action in Superior Court pursuant to G.L.1956 § 42-35-7 and G.L.1956 § 9-30-2 seeking a declaration that it was not subject to health care facility licensure and seeking injunctive relief against DOH’s threatened action.”
New England Multi-Unit Hous. Laundry Ass'n v. Rhode Island Hous. & Mortg. Fin. Corp., 893 F. Supp. 1180 (D.R.I. 1995). · cites it 2× “R.I. Gen. Laws § 42-35-7. If this Court were to issue a declaratory judgment interpreting the APA’s applicability to this ease, in effect it would be establishing an avenue of judicial review parallel to that expressly established by the Rhode Island legislature when it enacted…”
In re Advisory Opinion to the Governor, 612 A.2d 1 (R.I. 1992). “Moreover, like other “agencies,” as the term is defined by § 42-35-1 of the APA, the commission is subject to the provisions contained therein, including the judiciary’s power to review the commission’s rule-making functions as set forth in § 42-35-7. In addition, the General…”
Birchwood Realty, Inc. v. Grant, 627 A.2d 827 (R.I. 1993). “Newbay filed suit in Superior Court pursuant to § 42-35-7. That statute allows an interested party to contest the validity of an agency rule when the application of that rule threatens to impinge upon the applicant’s legal rights.”
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