§ 42-35-3.2 - Incorporation by reference. - Rhode Island Statutes

SECTION 42-35-3.2

   § 42-35-3.2  Incorporation by reference.– (a) An agency may incorporate the following by reference in its rules withoutpublishing the incorporated material in full:

   (1) Federal rules, codes, or standards published in full inthe Federal Register or the Code of Federal Regulations;

   (2) Federal rules, codes, or standards that have beenproperly incorporated by reference in the Federal Register as part of a dulypromulgated final rule or in the Code of Federal Regulations pursuant tofederal legal requirements;

   (3) Published codes, standards or guidelines of anynationally recognized scientific or technical association or organization.

   (b) For the purposes of subdivision (a)(3) of this section,"nationally recognized scientific or technical association or organization"means an association or organization that is regularly in the business ofdeveloping scientific or technical standards or guidelines, is recognized bythose in the relevant professional community as having a high degree ofexpertise and competence in its field, and whose publications are widelydistributed and easily available throughout the nation and the state of RhodeIsland.

   (c) An agency may incorporate by reference the material setforth in subsection (a) of this section only if the issuing agency,organization, or association makes copies of the material available to thepublic. An agency may not incorporate any material by reference unless thematerial has been properly identified in the notice of proposed rule-makingpursuant to § 42-35-3.

   (d) The reference to any incorporated material shall identifythe incorporated material by appropriate agency, organization, or associationand by date, title, or citation. The reference shall also state that the ruledoes not include later amendments to or editions of the incorporated material.

   (e) If an agency proposes to incorporate any material byreference in a state rule, the agency shall maintain a copy of the material andshall allow public inspection of the material and provide copies of anynon-copyrighted material to the public at cost upon request beginning no latethan the date of publication of the notice of proposed rule-making. If anymaterial to be incorporated by reference has been copyrighted, the agency shallupon request provide information about the publisher and the citation to thematerial.