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Regulations: Review Board

300.01 Membership - The Review Board shall consist of thirteen (13) members and shall be constituted as set forth in R.I. General Laws § 46-12.9-1 et seq.

300.02 Purposes - The Review Board shall oversee the administration and implementation of the Fund; review submissions and claims received from parties; determine the eligibility of the parties making said claims; to approve, modify or deny disbursements to eligible parties; and such other powers as set forth in R.I. General Laws § 46-12.9-1 et seq.

300.03 Meetings/Quorum

a) The Review Board shall meet no less than four (4) times in a year when claims are pending but may meet more often as may be needed to carry out its purposes. A meeting may be held when a quorum of the Review Board is present. A quorum shall consist of seven members and votes taken shall be valid by simple majority of those present and voting. Minutes of each meeting shall be kept by the Review Board.

b) The Review Board shall comply with the provisions of the R.I.G.L. Open Meeting Law, including the conditions for closed meetings.

c) Prior to any vote on a claim being taken by the Review Board, each member present and voting shall affirm on the record that they have read the transcript of the proceedings which is the subject of the vote being taken.

300.04 Tank Registration Fee - The Review Board may levy an annual tank registration fee of five hundred dollars ($500) per underground storage tank not to exceed two thousand five hundred dollars ($2,500) per site on underground storage tanks which are subject to financial responsibility regulation and which are used to store petroleum products for which the motor and special fuels tax is inapplicable including, but not limited to, underground storage tanks used for the distribution on No. 2 heating oil, used/waste oil, kerosene, aviation fuel or other materials as deemed appropriate by the review Board; provided, however, that heating oil used solely for on-site consumption shall be exempt from fees assessed by this Review Board.

300.05 Powers - The Review Board may authorize and expend funds to execute the duties, obligations and administration of the Review Board for the satisfaction of claims made to said Review Board under the statute.

300.06 Chairperson

a) The Review Board shall elect one of its members to serve as chairperson. It shall also elect a member to serve as vice-chairperson. Said chairperson shall have the authority to call and preside over all meetings, set the agenda for all said meetings, and oversee the administration of the daily activities of the Review Board and its employees in the satisfaction of the purpose of the Review Board. The vice-chairperson shall act as the presiding officer in the absence of the chairperson.

b) The chairperson shall have the authority to establish subcommittees with varying functions as approved by the Review Board.

c) Subcommittees established for matters other than claims hearing purposes shall be bound by the provisions of 300.03 (c).

300.07 Annual Report - The Review Board shall file, on or before September 30, consistent with state fiscal policy, an annual report of all receipts and disbursements that it receives and awards with the Governor, General Assembly, and the Secretary of State.

300.08 Adoption of Management Policies

a) Adoption of management policies and rule making shall be in accordance with title 42, chapter 35 of the General Laws of the State of Rhode Island (Administrative Procedures Act (APA) and further, in accordance with the rules and regulations and procedures set forth herein.

b) In addition to other rule making requirements imposed by law, the Review Board shall: Adopt as a rule a description of its organization, stating the general course and method of its operation and the methods whereby the public may obtain information or make submissions or requests; Adopt rules of practice, setting forth the nature and requirements of all formal and informal procedures available and including a description of all forms and instructions used by the agency; Make available for public inspection all rules and all other written statements of policy or interpretations formulated, adopted, or used by the agency in the discharge of its functions; Make available for public inspection all final orders, decisions, and opinions.

c) No Review Board rule, order, or decision is valid or effective against any person or party, nor may it be invoked by the Review Board for any purpose, until it has been made available for public inspection as herein required, except that this provision is not applicable in favor of any person or party who has actual knowledge thereof.

d) Prior to the adoption, amendment, or repeal of any rule the Review Board shall: Give at least thirty (30) days notice of its intended action. The notice shall include a statement of either the terms or substance of the intended action or a description of the subjects and issues involved, and of the time when, the place where, and the manner in which interested persons may present their views thereon. The notice shall be mailed to all persons who have made timely requests of the Review Board for advance notice of its rule-making proceeding and published in a newspaper or newspapers having aggregate general circulation throughout the state, provided, however, that if said action is limited in its applicability to a particular area, then said publication may be in a newspaper having general circulation in said area. Afford all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing. In case of substantive rules, opportunity for oral hearing must be granted if requested consistent with the Administrative Procedures Act. The Review Board shall consider fully all written and oral submissions respecting the proposed rule. Upon adoption of a rule, the Review Board, if requested to do so by an interested person, either prior to adoption or within thirty days (30) thereafter shall issue a concise statement of the principle reasons for and against adoption, incorporating therein its reasons for overruling the consideration urged against its adoption.

e) If the Review Board finds that an imminent peril to the public health, safety or welfare requires adoption of a rule upon less than thirty (30) days' notice, and states in writing its reasons for that finding, it may proceed without prior notice or hearing upon any abbreviated notice and hearing that it finds practicable to adopt an emergency rule. The rule so adopted may be effective for a period of no longer than one hundred twenty (120) days renewable once for a period not exceeding ninety (90) days.

f) No rule hereafter adopted is valid unless adopted in substantial compliance with this section, but no contest of any rule on the ground of non-compliance with the procedural requirements of this section may be commenced after two (2) years from its effective date.

g) Filing and Taking effect of Rules - The Review Board shall file forewith in the office of the Secretary of State a certified copy of each rule adopted by it. The Secretary of State shall keep a permanent register of the rules open to public inspection. Each rule hereafter adopted is effective twenty (20) days after filing, except that: if a later date is required by statute or specified in the rule, the later date is the effective date; subject to applicable constitutional or statutory provisions, an emergency rule may become effective immediately upon filing with the Secretary of State, or at a stated date less than twenty (20) days thereafter, if the Review Board finds that this effective date is necessary because of imminent perils to the public health, safety or welfare. The Review Board's finding and a brief statement of the reasons therefore shall be filed with the rule in the office of the Secretary of State. The Review Board shall take appropriate measures to make emergency rules known to the persons who may be affected by them.

h) Petition for Adoption of Rules - any interested person may petition the Review Board requesting the promulgation, amendment or repeal of any rule. The Review Board shall prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition. Upon submission of a petition, the Review Board within thirty (30) days shall either deny the petition in writing (stating its reasons for the denials) or initiate rule-making proceedings.


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