Rhode Island Code of Regulations Title 475 - Personnel Appeals Board
Here’s a refined overview of Rhode Island Code of Regulations – Title 475: Personnel Appeals Board, specifically 475‑RICR‑00‑00‑1 (active since January 4, 2022) (rules.sos.ri.gov):
🧱 Part 1 – Rules & Regulations of the Board
1.1 Organization
The Personnel Appeal Board operates under Rhode Island statutes R.I. Gen. Laws §§ 36‑3‑6 and 36‑3‑7, and executes duties per Chapters 36‑3 and 36‑4.
Its office is located at William E. Powers Administration Building, One Capitol Hill, 3rd Floor, Providence, RI 02908 (rules.sos.ri.gov).
1.2 Definition
“Board” refers to the Personnel Appeal Board (rules.sos.ri.gov).
1.3 Practice Before the Board
Only licensed attorneys (RI or other states with reciprocal privileges) may represent parties, unless the Board allows other designated representatives.
All representatives must adhere to ethical standards comparable to those in Rhode Island courts (rules.sos.ri.gov).
1.4 Subpoena Power
The Board can issue subpoenas for witnesses or documents under R.I. Gen. Laws § 36‑3‑10, subject to majority approval and a finding of public interest/justice (rules.sos.ri.gov).
1.5 Hearings & Reviews
The Board holds required public hearings under state law or may conduct informal proceedings per the Administrative Procedures Act.
A “review conference” may be ordered to clarify issues, simplify pleadings, limit experts, explore settlement, and outline agreed matters to guide future proceedings (rules.sos.ri.gov).
Additional sub-sections address:
Advance submission of documents
Admissibility of evidence under civil court standards
Rules for continuances (federalregister.gov, regulations.justia.com)
1.6 Rulemaking Petitions
Any interested person can petition the Board for rule promulgation, amendment, or repeal.
Petitions must include the full text or proposed change, reasons, legal authority, and follow formal public-notice and public-comment requirements (including possible emergency rulemaking) (rules.sos.ri.gov).
1.6.1 Declaratory Rulings
The Board may issue non-binding or binding declaratory rulings, or refuse them, following petition and possible hearings, per R.I. Gen. Laws § 42‑35‑8 (rules.sos.ri.gov).
1.7 Public Information
Interested individuals can submit information, requests, or complaints in writing or in person at the Board’s Providence office .
1.8 Contested Cases
Parties in contested cases are entitled to hearings with notice, and may resolve matters informally.
Full records are maintained, including pleadings, motions, evidence, rulings, findings, proposed findings, staff memoranda, and transcripts (rules.sos.ri.gov).
1.9 Decisions or Orders
Final orders in contested cases must be written or recorded, state findings of fact and conclusions of law, address parties’ proposed findings, and be served to parties and their counsel (law.cornell.edu).
1.10 Declaratory Judgment
Any person affected by a Board rule may seek a declaratory judgment in Providence County Superior Court, even if no Board action was initiated (rules.sos.ri.gov).
✅ Summary Table
Section
Topic
1.1
Board’s legal authority & location
1.3
Representation before the Board
1.4
Subpoena power & limitations
1.5
Hearing procedures & evidence rules
1.6
Rulemaking petitions
1.6.1
Declaratory rulings
1.7
Public information access
1.8
Contested case process
1.9
Decision and order requirements
1.10
Judicial review of rules
This framework mirrors Rhode Island’s Administrative Procedures Act (§ 42‑35) and provides a formal process for administrative hearings, representation, evidence, rulemaking, and judicial review.
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