2025 -- S 0852
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LC001517
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
____________
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- ADMINISTRATIVE
PROCEDURES
Introduced By: Senators DiPalma, Gu, Ciccone, McKenney, de la Cruz, Felag,
Sosnowski, and Urso
Date Introduced: March 19, 2025
Referred To: Senate Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Section 42-35-4 of the General Laws in Chapter 42-35 entitled 1
"Administrative Procedures" is hereby amended to read as follows: 2
42-35-4. Filing and taking effect of rules. 3
(a) An agency shall file each final rule with the secretary of state. An agency may not file 4
a final rule until the public comment period has ended. In filing a final rule, an agency shall use a 5
standardized form and process for submission determined by the secretary of state. The secretary 6
of state shall affix to each final rule a certification of the time and date of filing. The secretary of 7
state may reject the final rule if an agency fails to use the standardized format or fails to adhere to 8
the codification requirements or any other publication requirements or rules promulgated by the 9
secretary of state’s office pursuant to § 42-35-5. The secretary of state shall reject the improper 10
final rule by returning it to the director of the agency which submitted the improper form within 11
fifteen (15) days of receipt. 12
(b) The secretary of state, with notification to the agency, may make minor non-substantive 13
corrections in spelling, grammar, and format in a proposed or final rule. The secretary of state shall 14
make a record of the corrections. 15
(c) The agency shall file the rule not later than one hundred eighty (180) days after close 16
of the public-comment period. If that rule is not filed within one hundred eighty (180) days, the 17
agency must restart the rulemaking process pursuant to this chapter. 18
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(d) A final rule filed by an agency with the secretary of state under this section must contain 1
the text of the rule and be accompanied by a record that contains: 2
(1) The date the final rule was signed by the relevant agency head; 3
(2) A reference to the specific statutory or other authority authorizing the rule; 4
(3) Any finding required by law as a prerequisite to the proposed rule or effectiveness of 5
the rule; 6
(4) The effective date of the rule; and 7
(5) A concise explanatory statement as defined by § 42-35-2.6. 8
(e) Each rule hereafter shall be effective twenty (20) days after filing with the secretary of 9
state, except: 10
(1) If a later date is required by statute or specified in the rule, the later date is the effective 11
date; 12
(2) An emergency rule under § 42-35-2.10 becomes effective upon signature by the agency 13
head and the governor, or the governor’s designee; 14
(3) A direct final rule under § 42-35-2.11, to which no objection is made, becomes effective 15
thirty (30) days after publication, unless the agency specifies a later effective date; 16
(4) A final rule shall not be effective or enforceable until properly submitted and accepted 17
by the secretary of state; and 18
(5) No rule, promulgated in accordance with this chapter, shall become final, unless it is 19
approved by the general assembly, after the last agency rule making action has been completed, but 20
prior to its filing with the office of the secretary of state, pursuant to the provision of this subsection, 21
but in no case later than December 31 of the year it was promulgated. 22
(f) The secretary of state shall maintain a permanent register of all filed rules and concise 23
explanatory statements for the rules. The secretary of state shall provide a copy of each certified 24
final rule to an agency upon request. The secretary of state shall publish the notice of each final 25
rule in the state register. 26
SECTION 2. This act shall take effect upon passage. 27
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- ADMINISTRATIVE
PROCEDURES
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This act would require that all agencies' final rules, promulgated pursuant to the 1
administrative procedures act, be approved by general assembly action, but in no case later than 2
December 31 of the year it is promulgated before it can become effective. 3
This act would take effect upon passage. 4
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LC001517
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