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Recently Promulgated Regulations



Recently Promulgated Regulations



Published: Sun, 26 Mar 2017 07:24:11 -0400

 



230-RICR-100-00-1 Access to Public Records

Sun, 26 Mar 2017 07:24:11 -0400

This filing is a technical amendment to the rules and regulations and is not intended to make any substantive change.



230-RICR-300-05-3 Motor Vehicle Glass Repair

Sun, 26 Mar 2017 07:24:11 -0400

This filing is a technical amendment to the rules and regulations and is not intended to make any substantive change.



RHODE ISLAND MARINE FISHERIES REGULATIONS PART 5 Lobsters, Crabs, and Other Crustaceans

Sun, 26 Mar 2017 07:24:11 -0400

Technical Revision regarding harvest of horseshoe crabs. Regulations filed as a result of public hearing held November 14, 2016 were inaccurate in one instance involving compliance requirements for the return of horseshoe crabs bled in the bio-medical industry. The Director decision based on recommendation from RIMFR placed compliance on dealers and not harvesters; regulations currently maintain compliance with the harvester. This was an oversight when filing the regulations



216-RICR-20-10-3 - Medical Marijuana Program

Sun, 26 Mar 2017 07:24:11 -0400

Established for the purpose of updating standards for the implementation of a medical marijuana program, and other changes mandated pursuant to R.I. Gen. Laws Chapter 21-28.6, as amended. This technical revision converts the existing regulation into the RI Code of Regulations (RICR) format. No additional changes were made.



230-RICR-800-05-1 Rules and Regulations Related to the Medical Marijuana Program Administered by the Department of Business Regulation

Sun, 26 Mar 2017 07:24:11 -0400

This filing is a technical amendment to the rules and regulations and is not intended to make any substantive change.



230-RICR-200-45-11 Corporate Governance

Sun, 26 Mar 2017 07:24:11 -0400

This filing is a technical amendment to the rules and regulations and is not intended to make any substantive change.



Public Finance Management Board Rules and Regulations

Sun, 26 Mar 2017 07:24:11 -0400

1.2(A)5: During codification, the content of line 5 was accidentally a duplicate of line 4. The proposed rules during promulgation contained the correct content of line 5. It should read: 5. To maintain contact with state, municipal and regional authority, agency, board, commission, public or quasi-public corporation, fire district and other special district bond issuers, underwriters, credit rating agencies, investors, and others to improve the market for state and local government debt issues. 1.8(D)(8)(f): Reference in this line states “Except as provided in (v)…” During codification, the letter changed from (v) to (e). it should read: f. Except as provided in (e), above, upon request by any bond issuer, or upon its own initiative, the Board may at any time, after hearing, modify, amend or repeal any allocation. 1.15(B): There are two grammatical errors which do not affect the meaning of the section. The section reads: B. Whether the petition requests the enactment of a rule, the proposed rule must be set out in full. The petition must also include all the reasons for the proposed rule together with briefs of any applicable law. Where no petition requests the amendment or repeal of a rule presently in effect, the rule or portion of the rule in question must be set out as well as suggested amended form, if any. The petition must include all reasons for the requested amendment or repeal of the rule. It should read: B. When the petition requests the enactment of a rule, the proposed rule must be set out in full. The petition must also include all the reasons for the proposed rule together with briefs of any applicable law. Where a petition requests the amendment or repeal of a rule presently in effect, the rule or portion of the rule in question must be set out as well as the suggested amended form, if any. The petition must include all reasons for the requested amendment or repeal of the rule. 1.16: While we understand that this section need not include the portion starting with Notice Given: and ending with Effective Date, the Effective date is incorrect. It reads: Effective Date: October 26, 2017. It should read: Effective Date: October 26, 2016



Rules and Regulations for Hazardous Waste Management

Sun, 26 Mar 2017 07:24:11 -0400

During RIDEM’s promulgation of the HW regulations in September 2016, we initially proposed to add a provision relating to record keeping to Rule 5.8. As a result of public comments, we elected to remove that sentence from the proposed regulations, as was reflected in Response 3 on page 3 of our Response to Comments document. When RIDEM submitted the final rules for filing, however, that sentence was inadvertently left in. This technical amendment removes the sentence that was never intended to be included.



Polling Place Conduct

Sun, 26 Mar 2017 07:24:11 -0400

The Board of Elections proposes substantive changes to its Rules and Regulations for Polling Place Conduct to allow for bake sales at polling place on primary and election days, consistent with R.I. Gen. Laws 17-19-21.1 and is also amended to add various term and definitions to regulate polling place conduct to ensure that the elections remain orderly and efficient. As a result of the hearing in Section 2 under Election Official the word Felony was removed and left crime which involves moral turpitude.



Rules, Regulations, Procedures and Criteria Governing Certification and Decertification of MBE Enterprises by the State of Rhode Island

Sun, 26 Mar 2017 07:24:11 -0400

The purpose of these proposed amendments is to effectuate the requirements of the Rhode Island Bridge Replacement, Reconstruction and Maintenance Fund Act of 2016, as enacted in Public Law 2016, ch. 3 (H7409 Substitute A, as amended), requiring the State to conform with § 37-14.1-6 in awarding project under the Fund. Further, an additional purpose is to implement recommendations to streamline the appeals process for certification. No changes were made to the proposed regulations during the APA rulemaking process.



RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF FEDERAL GROUNDFISH DISASTER FUNDS – PHASE THREE PROGRAM FOR RHODE ISLAND

Sun, 26 Mar 2017 07:24:11 -0400

The purpose of these rules and regulations is to implement the Rhode Island component of Phase Three of the Consensus Plan for the Distribution of Federal Northeast Multispecies [Groundfish] Fishery Disaster Funds (hereinafter, the “Phase Three Program”). The three-phase Consensus Plan provides economic relief to mitigate losses resulting from the Northeast Multispecies Fishery Disaster declared by the U.S. Secretary of Commerce in September 2012. For this Phase Three Program, the Rhode Island Department of Environmental Management (hereinafter, the “Department”) will disburse 5,092 in federal aid to assist those engaged in the Rhode Island groundfish community who were significantly adversely affected by the groundfish disaster. Additionally, ,566 will be made available for the development and implementation of a crew recruitment and training program. The framework for disbursement, which these rules and regulations codify, is set forth in the grant titled Rhode Island State Disaster Assistance Plan – Bin 3, which was approved by NOAA Fisheries on February 22, 2016 (Grant #NA16NMF4540006).



Medicaid Code of Administrative Rules, Section #1475, "Managed Care Service Delivery Options for Elders and Adults with Disabilities and Long-Term Care Beneficiaries"

Sun, 26 Mar 2017 07:24:11 -0400

The Secretary of the Executive Office of Health & Human Services (EOHHS) has adopted a new Section of the Medicaid Code of Administrative Rules entitled, #1475: “Managed Care Service Delivery Options for Elders and Adults with Disabilities and Long-Term Care Beneficiaries.”



Medicaid Code of Administrative Rules, Section #0399, "The Global Consumer Choice Waiver"

Sun, 26 Mar 2017 07:24:11 -0400

The Secretary of the Executive Office of Health & Human Services (EOHHS) has repealed MCAR Section 0399.21 entitled, “Program for All-Inclusive Care for the Elderly (PACE).” This section will be superseded by pertinent sections of the newly adopted MCAR Section #1475 entitled, “Managed Care Service Delivery Options for Elders and Adults with Disabilities and Long-Term Care Beneficiaries.”



Starting RIght Child Care Assistance Program

Sun, 26 Mar 2017 07:24:11 -0400

This Technical Revision is being filed to correct a typo on the Federal Poverty Level Guidelines in the previously filed rule. The correction was made in ADDENDUM 2 FAMILY SHARE/CO-PAYMENT FAMILY SHARE INCOME RELATIVE TO THE FAMILY SHARE Level 0, for Family Size 6 read 35,580, but has been corrected to read 32,580. No changes were made to the regulatory language of this rule.



Regulation 1001.2 -- Limitation on Pre-election Complaints

Sun, 26 Mar 2017 07:24:11 -0400

This regulation would establish a moratorium on the filing of ethics complaints against declared candidates for elective office during a 90-day period leading up to a general or special election. The purpose of the regulation is to prevent the filing of complaints that are politically timed to influence elections. Any valid complaint may be filed and investigated following the moratorium period. This limitation does not apply to the Ethics Commission itself, which may continue to investigate potential violations of the Code of Ethics and initiate its own complaints at any time. There are no differences, substantive or otherwise, between the proposed rule and the final rule as adopted.



Visits

Sun, 26 Mar 2017 07:24:11 -0400

•Definition and documentation of Common-Law Spouse •Definition of Immediate Family •Changes to who can visit an inmate, and the approval process for certain requests for visits •Changes made to contact visits for inmates charged with or convicted of sexual crimes involving a minor •Update to Hospital Visits •Update to Professional Visits



Rhode Island State Pilotage Commission Rules and Regulations

Sun, 26 Mar 2017 07:24:11 -0400

The first proposed amendment is an effort to update Regulation 12.03 (B) (1)&(2) by expanding from 30,000 gross weight tonnage to 35,000 gross weight tonnage those vessels that a probationary pilot is authorized to pilot. The second proposes an amendment of Rule 15.13 which would increase by 2% on January 1, 2017 the pilotage rate, increase by 2% on January 1, 2018 and increase by 2% on January 1, 2019. The third proposed amendment proposes the deletion of Rule 15.15 (E) of the regulations governing pilot fatigue. The only change (other than typos) resulting from the hearing process was to Section 15.13. The regulations as proposed provided for an increase in the pilotage fee in the amount of 2% per annum beginning on January 1, 2017, on January 1, 2018, and on January 1, 2019. The Commission opted to modify the final regulations by reducing the increase from 2% on January 1, 2017, 2% on January 1, 2018, and 2% on January 1, 2019, to provide for an increase of 2% on January 1, 2017, 1% on January 1, 2018, and 2% on January 1, 2019.



Inmate Mail

Sun, 26 Mar 2017 07:24:11 -0400

•Addition of “RIDOC Legal Counsel” to the list of those RIDOC staff who may read non-privileged mail •Refined the review process for publications in question to make more consistent •Use of 1 internal form to track publications in question •Change to the definition of “sexually explicit material”



Rules and Regulations Pertaining to Direct Deposit Payroll System for State Employees

Sun, 26 Mar 2017 07:24:11 -0400

The purpose of these regulations is to establish rules and regulations for the implementation and administration of the Direct Deposit Payroll System for State Employees. Unless granted a Waiver, all State Employees must participate in the Direct Deposit Payroll System. These rules and regulations also govern designating a Direct Deposit Account or obtaining a Waiver. There were no changes from the proposed regulations.



Fishing Regulations for the 2017 - 2018 Season

Sun, 26 Mar 2017 07:24:11 -0400

The purpose of this filing is to regulate the freshwater fishing season and bag limits annually.



Hunting Regulations for the 2016-2017 Season

Sun, 26 Mar 2017 07:24:11 -0400

This Technical Revision includes the hours for waterfowl hunting which were unintentionally omitted in the previous filing. The purpose of this annual adoption of hunting regulations is to establish the hunting season, the setting of possession limits and the regulations that govern the manner of hunting for the 2016 - 2017 season.



Foster Care and Adoption Regulations for Licensure

Sun, 26 Mar 2017 07:24:11 -0400

The Foster and Adoption Regulations for Licensure are amended to align the fire safety requirements for foster and adoptive parents' homes with the requirements for private residences. The superseded regulations required that kinship, foster, and adoptive parents homes comply with fire and lead standards that are far more stringent than what is required for residents without a foster child placement. Home settings, like kinship and family foster care, are not institutional settings and should not be held to such standards.



RI BOARD OF EXAMINERS OFLANDSCAPE ARCHITECTS

Sun, 26 Mar 2017 07:24:11 -0400

The purpose of this amendment is to make changes described in detail in the Concise Summary attached hereto.



Medicaid Code of Administrative Rules, Section #1309, "RIte Care Program"

Sun, 26 Mar 2017 07:24:11 -0400

The Secretary of the Executive Office of Health & Human Services (EOHHS) amended the Medicaid Code of Administrative Rules (“Regulations”) Section 1309, ““RIte Care Program” in order to incorporate home stabilization program provisions. This rule was previously filed as an “emergency”, effective March 30, 2016. Under the implementing federal statute, “Housing and Urban Development Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009”, states may offer Medicaid coverage to individuals who are in need of tenancy support services in order to facilitate independence, reduce homelessness, and improve health. These benefits are targeted to persons whose current housing situation is jeopardized, who may be in unsafe living conditions, and may be at risk for homelessness.



Medicaid Code of Administrative Rules, Section #1310, "Rhody Health Partners for MACC Group Adults - 19 to 64"

Sun, 26 Mar 2017 07:24:11 -0400

The Secretary of the Executive Office of Health & Human Services (EOHHS) amended the Medicaid Code of Administrative Rules (“Regulations”) Section 1310, ““Rhody Health Partners for MACC Group Adults - 19 to 64” in order to incorporate home stabilization program provisions. This rule was previously filed as an “emergency”, effective March 30, 2016. Under the implementing federal statute, “Housing and Urban Development Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009”, states may offer Medicaid coverage to individuals who are in need of tenancy support services in order to facilitate independence, reduce homelessness, and improve health. These benefits are targeted to persons whose current housing situation is jeopardized, who may be in unsafe living conditions, and may be at risk for homelessness.