6.1 Purpose

1. The purpose of this regulation is to prescribe the form of a petition for promulgation of rules pursuant to R.I. Gen. Laws § 42-35-6 and the procedure for its submission, consideration, and disposition.

6.2 Authority

1. This regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws § 42-35-6.

6.3 Definitions

1. A. The following definitions shall apply to this regulation:

   1. 1. "Petition" means a request for the promulgation of a rule.
   2. 2. "Petitioner" means a person requesting a Declaratory Order.
   3. 3. "Promulgate" means the process of writing a new rule, or amending or repealing an existing rule.
   4. 4. "State agency" means the Executive Office of Health and Human Services (EOHHS).

6.4 Request for the Promulgation of a Rule

1. A. A request for the promulgation of a rule must be in writing and include the following information:

   1. 1. The name and address of the Petitioner;
   2. 2. A plain statement identifying the rule or proposed new rule at issue;
   3. 3. A detailed statement of all facts relied upon by the Petitioner;
   4. 4. A copy of any and all documents relied upon by Petitioner that are not otherwise accessible to the State Agency; and

   5. 5. A plain statement requesting the promulgation of a rule, and further indicating whether Petitioner seeks a new rule or the amendment or repeal of an existing rule.

      1. a. In the case of a request for promulgation of a new rule or the repeal of an existing rule, the Petitioner shall identify the rule by title and/or Rhode Island Code of Regulations (RICR) citation.
      2. b. In the case of a request for an amendment to an existing rule, the Petitioner must identify with specificity the proposed language to be added or removed by redlining or similar means.
2. B. A request for the promulgation of a rule must be submitted to: EOHHS Medicaid Policy Office, Hazard Building, Second Floor, 74 West Road, Cranston, RI 02920.

6.5 Consideration and Disposition of Request for the Promulgation of a Rule

1. A. The State Agency shall promptly consider and respond to the request for the Promulgation of a Rule as provided in R.I. Gen. Laws § 42-35-6.

2. B. The agency may, at its discretion:

   1. 1. Hold a hearing for further consideration and discussion on the Petition; or
   2. 2. Request further information or documents from the Petitioner necessary for the full evaluation of his or her petition.
3. C. A Petitioner may appeal the State Agency's final disposition of the request for the promulgation of a rule as provided in R.I. Gen. Laws § 42-35-15.