The bill amends Section 42-35-4 of the General Laws in Chapter 42-35, titled "Administrative Procedures," to modify the process of filing and taking effect of rules by agencies. The amendments include the requirement for agencies to file each final rule with the secretary of state using a standardized form and process, and the rule cannot be filed until the public comment period has ended. The secretary of state is authorized to make minor non-substantive corrections and must certify the time and date of filing. Agencies must file the rule no later than 180 days after the close of the public-comment period, or they must restart the rulemaking process. The final rule must contain specific elements, including the date signed, statutory authority, any required findings, the effective date, and a concise explanatory statement.
Significant insertions to the law include the stipulation that no rule shall become final unless it is approved by the general assembly after the last agency rulemaking action and prior to its filing with the secretary of state, and this must occur no later than December 31 of the year it was promulgated. The secretary of state is responsible for maintaining a permanent register of all filed rules and publishing the notice of each final rule in the state register. The act also specifies that a final rule is not effective or enforceable until properly submitted and accepted by the secretary of state. The bill would take effect upon passage, and it mandates that all final rules promulgated pursuant to the administrative procedures act must be approved by the general assembly before becoming effective.
Statutes affected: 5085: 42-35-4