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Preview: Recently Promulgated Regulations

Recently Promulgated Regulations



Recently Promulgated Regulations



Published: Sat, 01 Oct 2016 05:38:23 -0400

 



Polling Place Conduct

Sat, 01 Oct 2016 05:38:23 -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

Sat, 01 Oct 2016 05:38:23 -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

Sat, 01 Oct 2016 05:38:23 -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"

Sat, 01 Oct 2016 05:38:23 -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"

Sat, 01 Oct 2016 05:38:23 -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

Sat, 01 Oct 2016 05:38:23 -0400

Removing the sunset date regarding the Back to Work RI Pilot, now called Child Care for Training. Increasing the Child Care provider rates reimbursement amounts. Renaming CCAP Provider Rates to 'CCAP Maximum Weekly Reimbursement Rates' and reorganizing by provider type. Applying the 2016 Federal Poverty Level Guidelines along with the revision of the 'CCAP Eligibility and Cost-Sharing levels by Gross Income Adjusted for Family Size'.



Regulation 1001.2 -- Limitation on Pre-election Complaints

Sat, 01 Oct 2016 05:38:23 -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

Sat, 01 Oct 2016 05:38:23 -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

Sat, 01 Oct 2016 05:38:23 -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

Sat, 01 Oct 2016 05:38:23 -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

Sat, 01 Oct 2016 05:38:23 -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

Sat, 01 Oct 2016 05:38:23 -0400

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



Hunting Regulations for the 2016-2017 Season

Sat, 01 Oct 2016 05:38:23 -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

Sat, 01 Oct 2016 05:38:23 -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

Sat, 01 Oct 2016 05:38:23 -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"

Sat, 01 Oct 2016 05:38:23 -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"

Sat, 01 Oct 2016 05:38:23 -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.



Hotels and Other Accommodations - Sales and Use Tax & Hotel Tax

Sat, 01 Oct 2016 05:38:23 -0400

This regulation implements Chapters 44-18, 44-19, and 42-63.1 of the Rhode Island General Laws. These Chapters provide for Sales and Use Taxes Liability and Computation and Sales and Use Taxes Enforcement and Collection in regard to room rentals – by hotels, rooming homes, tourist camps, room resellers and hosting platforms.



Medicaid Code of Administrative Rules, Section #0392, "Post-Eligibility Treatment of Income"

Sat, 01 Oct 2016 05:38:23 -0400

The Executive Office of Health & Human Services (EOHHS) is filing this "emergency" amendment to rule #0392 "Post-Eligibility Treatment of Income" in order to incorporate recent changes to the federal 2016 Medicaid "Spousal Impoverishment Standards", the updated minimum monthly maintenance needs allowance (MMMNA), and the monthly housing allowances for community spouses that become effective July 1, 2016.



User Fees at State Beaches, Parks, and Recreational Areas

Sat, 01 Oct 2016 05:38:23 -0400

The state's budget was recently passed by the Assembly and signed by the Governor amending RIGL 42-17.1-9.1. This statute authorizes DEM to promulgate regulations to charge parking fees on a daily or annual basis at any state beach or recreational area. The recent amendment modified RIGL 42-17.1-9.1(e) to reduce beach parking fees to those effective before July 1, 2011, thus denying DEM the statutory authority to administer the current regulations without this proposed regulatory amendment. The only means by which DEM can promulgate the above regulatory change effective July 1, 2016 as mandated is via emergency rulemaking. Otherwise, the regulations would be rendered void due to the absence of statutory authority. Thus, the Department would be unable to impose any charges or fees at state beaches or recreational areas; which would, thereby, deny the Department the ability to control entrance into these areas, and create bedlam and an imminent peril to the public safety and welfare.



Aquaculture of Marine Species in Rhode Island Waters

Sat, 01 Oct 2016 05:38:23 -0400

AN EMERGENCY REGULATION REQUIRING ALL PERSONS INVOLVED IN THE HARVEST OF CULTURED SHELLFISH IN RHODE ISLAND WATERS TO PROTECT THE HEALTH AND SAFETY OF THE CITIZENS OF THE STATE, THE REPUTATION AND GOODWILL OF THE AQUACULTURE INDUSTRY, AND THE FINANCIAL STABILITY OF THE AQUACULTURE INDUSTRY BY ENSURING THAT ALL HARVESTED SHELLFISH ARE PROVIDED WITH SUFFICIENT TEMPERATURE CONTROLS TO MITIGATE THE RISK OF DISEASE TRANSMISSION TO PEOPLE WHO CONSUME THE SHELLFISH.



Air Pollution Control Regulation No. 5- Fugitive Dust

Sat, 01 Oct 2016 05:38:23 -0400

Pursuant to RIGL 23-23-31, the General Assembly added definitions of "extractive industry" and "manufactured unwashed sand", and established specific management standards for same. These proposed amendments carry out the purpose of this statutory amendment. No changes were made pursuant to the public comment process.



Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems

Sat, 01 Oct 2016 05:38:23 -0400

The primary purpose of these amendments is to incorporate revisions made to the R.I. Cesspool Act of 2007 (R.I. Gen. Laws 23-19.15) by the R.I. General Assembly in the 2015 session. The Cesspool Act is incorporated into the OWTS Rules in the administrative findings, definitions, and in Rule 53. Under the proposed Rule 53, cesspools must be removed from service when the property served by the cesspool is sold or transferred. These amendments also make several clarifications and minor technical changes. One change was made pursuant to public comment: the final rule includes one change from the public notice draft, a change to Rule 17.4.1(B)(i) to increase the allowable footprint expansion from 400 square feet to 600 square feet.



Rhode Island Veteran's Home- Administrative Procedures for the Billing and Collection of Maintenance Fees

Sat, 01 Oct 2016 05:38:23 -0400

This amended rule updates the cost−of−living scale and per diem cost of maintenance for residents of the RI Veteran’s Home due to the annual change in the Consumer Price Index. Due to lack of participation, there is no longer a per diem cost associated with domiciliary care. Proposed revisions were filed under emergency rule-making guidelines to reflect the 2016 cost of living adjustment.



Rules and Regulations Governing Animal Care Facilities

Sat, 01 Oct 2016 05:38:23 -0400

These amendments are intended to address concerns raised by the regulated community regarding enclosure sizes, amend allowable bedding materials, clarify certain record-keeping requirements, and modify temperature requirements. Pursuant to public comment, changed Rule 10.5 to allow a lesser penalty for a first-time offense.