§ 42-8.2-7 - Filing document as constructive notice – Publication as presumption of validity – Judicial notice. - Rhode Island Statutes

SECTION 42-8.2-7

   § 42-8.2-7  Filing document as constructivenotice – Publication as presumption of validity – Judicial notice.– (a) A document required to be published by § 42-8.2-5 in the stateregister is not valid as against a person who has not had actual knowledgethereof until the duplicate originals or certified copies of the document havebeen filed with the office of the secretary of state and a copy made availablefor public inspection as provided by § 42-8.2-3. Unless otherwisespecifically provided by statute, filing the document required or authorized tobe published by § 42-8.2-5, except in cases where notice by publication isinsufficient in law, is sufficient to give notice of the contents of thedocument to a person subject to or affected by it.

   (b) Notice hereunder shall be in addition to all othernotices required by the Administrative Procedures Act, chapter 35 of thistitle, or any other rule or regulation requiring notice. The publication in thestate register of a document creates a rebuttable presumption:

   (1) That it was duly issued, prescribed or promulgated;

   (2) That it was filed with the office of the secretary ofstate and made available for public inspection at the day and hour stated inprinted notation;

   (3) That the copy contained in the state register is a truecopy of the original; and

   (4) That all requirements of this chapter and the regulationsprescribed hereunder relative to the document have been complied with. Thecontents of the state register shall be judicially noticed and withoutprejudice to any other mode of citation, may be cited by volume and page number.