180-RICR — The Office of Veterans Services

Chapter 10 Rhode Island Veterans' Home

Subchapter 00

180-RICR-10-00-2 Rhode Island Veterans Home: Administrative Procedures for the Billing and Collection of Maintenance Fees

180-RICR-10-00-2 § 2.1 Introduction

A.The Director of Veterans Services is authorized under R.I. Gen. Laws §§ 30-17.1-2, 30-17.1-5 and 30-17.1-6 to establish appropriate rules and regulations governing the maintenance fees at the Rhode Island Veterans Home.

B.The Administrator of the Rhode Island Veterans Home is the responsible person delegated by the Director of Veterans Services to administer these rules and regulations for the billing and collection of maintenance fees at the Rhode Island Veterans Home.

C.These regulations adhere to the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 200d, et seq.) and Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), and the Department of Health and Human Services implementing regulations (45 C.F.R. Parts 80 and 84).

D.The Office of Veterans Services does not discriminate on the basis of race, color, national origin, or handicap in acceptance for or provision of services or employment in its programs and activities. Under the provisions of applicable law, the Office of Veterans Services does not discriminate on the basis of sex, age, creed or political belief.

2.1.1Statutory Requirements

A.Pursuant to R.I. Gen. Laws § 30-24-10, the Director shall at the end of each fiscal year, determine the net per diem expenses of maintenance of residents in the facility and shall assess against each resident who has net income, as defined herein, a fee equal to eighty percent (80%) of the resident's net income, provided that such fee shall not exceed the actual cost of care and maintenance for such resident.

B.Net income is defined as gross income minus applicable federal and state taxes and minus

an amount equal to one hundred fifty dollars ($150) per month of residency,

2.fifty percent (50%) of any sum received due to wounds incurred under battle conditions for which the resident received the Purple Heart,

3.the amount paid by a resident for the support and maintenance of his or her spouse, parent(s), minor child(ren), or child(ren) who is/are blind or permanently and totally disabled as defined in Title XVI of the Federal Social Security Act subject to a maximum amount to be determined by rules and regulations as shall be adopted by the Director.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-01-12 to 01/04/2022
Technical Revision — effective from 2017-01-12 to 01/12/2017
Amendment — effective from 2017-01-12 to 01/12/2017
Amendment — effective from 2016-06-23 to 01/12/2017
Amendment — effective from 2015-03-18 to 06/23/2016
EMERGENCY RULE Amendment — effective from 2015-01-01 to 05/01/2015
Amendment — effective from 2014-04-21 to 03/18/2015
Amendment — effective from 2013-06-19 to 04/21/2014
EMERGENCY RULE Amendment — effective from 2013-04-01 to 06/19/2013
Amendment — effective from 2012-07-01 to 06/19/2013
EMERGENCY RULE Amendment — effective from 2012-04-01 to 07/30/2012
Amendment — effective from 2011-05-01 to 07/01/2012
Amendment — effective from 2010-09-01 to 05/01/2011
Amendment — effective from 2009-03-18 to 09/01/2010
EMERGENCY RULE Amendment — effective from 2009-01-01 to 05/01/2009
Amendment — effective from 2008-04-01 to 03/18/2009
EMERGENCY RULE Amendment — effective from 2008-01-01 to 04/01/2008
Amendment — effective from 2007-03-20 to 04/01/2008
EMERGENCY RULE Amendment — effective from 2007-01-11 to 03/20/2007
Amendment — effective from 2006-01-01 to 03/20/2007
Technical Revision — effective from 2005-06-30 to 01/01/2006
Amendment — effective from 2005-06-29 to 06/30/2005
Amendment — effective from 2005-02-14 to 06/29/2005
Amendment — effective from 2004-11-30 to 02/14/2005
EMERGENCY RULE Adoption — effective from 2004-10-07 to 11/30/2004
Amendment — effective from 2004-02-04 to 10/07/2004
EMERGENCY RULE Adoption — effective from 2004-01-01 to 02/04/2004
Amendment — effective from 2003-12-03 to 01/01/2004
EMERGENCY RULE Adoption — effective from 2003-10-03 to 12/03/2003
Amendment — effective from 2003-03-13 to 10/03/2003
EMERGENCY RULE Adoption — effective from 2002-09-30 to 03/13/2003
EMERGENCY RULE Adoption — effective from 2002-07-05 to 09/30/2002
Amendment — effective from 2002-02-05 to 07/05/2002
Periodic Refile — effective from 2002-01-02 to 02/05/2002

180-RICR-10-00-2 § 2.2 Domiciliary Care Program for Homeless Veterans (Veterans Transitional Supportive Program- VTSP)

A.Pursuant to R.I. Gen. Laws § 30-24-10.1, the Director of Veterans Services is hereby authorized and empowered to establish and maintain a domiciliary care program for homeless veterans (Veterans Transitional Supportive Program, VTSP) at the Rhode Island Veterans Home.

B.Any veteran admitted to the Rhode Island Veterans Home pursuant to this section shall be exempt from the maintenance fee assessment established pursuant to R.I. Gen. Laws § 30-24-10, provided, however, that the director shall assess against each veteran admitted under this program a monthly maintenance fee equal to ten percent (10%) of the veteran's monthly gross income, from whatever source derived and whether taxable or nontaxable.

C.There will also be additional beds called “Extended VTSP” beds to which a monthly maintenance fee of thirty percent (30%) of the veteran's monthly gross income, from whatever source derived and whether taxable or non-taxable, will be charged.

1.Extended VTSP will be available to eligible veterans in the VTSP program, but occupancy will not exceed four (4) months.

2.The maintenance fee shall be paid monthly to the Veterans Home and shall be deposited in the Veterans Home fund. Any failure to make payment when due shall be cause for dismissal from the facility. Prior to any dismissal for non-payment of fees, the veteran shall be afforded administrative due process.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-01-12 to 01/04/2022
Technical Revision — effective from 2017-01-12 to 01/12/2017
Amendment — effective from 2017-01-12 to 01/12/2017
Amendment — effective from 2016-06-23 to 01/12/2017
Amendment — effective from 2015-03-18 to 06/23/2016
EMERGENCY RULE Amendment — effective from 2015-01-01 to 05/01/2015
Amendment — effective from 2014-04-21 to 03/18/2015
Amendment — effective from 2013-06-19 to 04/21/2014
EMERGENCY RULE Amendment — effective from 2013-04-01 to 06/19/2013
Amendment — effective from 2012-07-01 to 06/19/2013
EMERGENCY RULE Amendment — effective from 2012-04-01 to 07/30/2012
Amendment — effective from 2011-05-01 to 07/01/2012
Amendment — effective from 2010-09-01 to 05/01/2011
Amendment — effective from 2009-03-18 to 09/01/2010
EMERGENCY RULE Amendment — effective from 2009-01-01 to 05/01/2009
Amendment — effective from 2008-04-01 to 03/18/2009
EMERGENCY RULE Amendment — effective from 2008-01-01 to 04/01/2008
Amendment — effective from 2007-03-20 to 04/01/2008
EMERGENCY RULE Amendment — effective from 2007-01-11 to 03/20/2007
Amendment — effective from 2006-01-01 to 03/20/2007
Technical Revision — effective from 2005-06-30 to 01/01/2006
Amendment — effective from 2005-06-29 to 06/30/2005
Amendment — effective from 2005-02-14 to 06/29/2005
Amendment — effective from 2004-11-30 to 02/14/2005
EMERGENCY RULE Adoption — effective from 2004-10-07 to 11/30/2004
Amendment — effective from 2004-02-04 to 10/07/2004
EMERGENCY RULE Adoption — effective from 2004-01-01 to 02/04/2004
Amendment — effective from 2003-12-03 to 01/01/2004
EMERGENCY RULE Adoption — effective from 2003-10-03 to 12/03/2003
Amendment — effective from 2003-03-13 to 10/03/2003
EMERGENCY RULE Adoption — effective from 2002-09-30 to 03/13/2003
EMERGENCY RULE Adoption — effective from 2002-07-05 to 09/30/2002
Amendment — effective from 2002-02-05 to 07/05/2002
Periodic Refile — effective from 2002-01-02 to 02/05/2002

180-RICR-10-00-2 § 2.3 Financial Statement

A.Each person shall upon admission to the Home file a financial statement. The financial statement shall be used as the basis to establish the resident's charge.

B.It shall be the responsibility of the resident, guardian, or fiduciary to report to the Business Office of the Home any changes in income received for the resident within ten (10) days of receipt of such income.

C.Each resident shall file a revised financial statement – no later than March 31st of each year. In addition thereto, each resident whose source or amount of income has changed shall complete a new financial statement within (10) days of receipt of such notice of change or of receipt of the income payments. The revised financial statement shall be used to reestablish the resident's monthly maintenance fee.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-01-12 to 01/04/2022
Technical Revision — effective from 2017-01-12 to 01/12/2017
Amendment — effective from 2017-01-12 to 01/12/2017
Amendment — effective from 2016-06-23 to 01/12/2017
Amendment — effective from 2015-03-18 to 06/23/2016
EMERGENCY RULE Amendment — effective from 2015-01-01 to 05/01/2015
Amendment — effective from 2014-04-21 to 03/18/2015
Amendment — effective from 2013-06-19 to 04/21/2014
EMERGENCY RULE Amendment — effective from 2013-04-01 to 06/19/2013
Amendment — effective from 2012-07-01 to 06/19/2013
EMERGENCY RULE Amendment — effective from 2012-04-01 to 07/30/2012
Amendment — effective from 2011-05-01 to 07/01/2012
Amendment — effective from 2010-09-01 to 05/01/2011
Amendment — effective from 2009-03-18 to 09/01/2010
EMERGENCY RULE Amendment — effective from 2009-01-01 to 05/01/2009
Amendment — effective from 2008-04-01 to 03/18/2009
EMERGENCY RULE Amendment — effective from 2008-01-01 to 04/01/2008
Amendment — effective from 2007-03-20 to 04/01/2008
EMERGENCY RULE Amendment — effective from 2007-01-11 to 03/20/2007
Amendment — effective from 2006-01-01 to 03/20/2007
Technical Revision — effective from 2005-06-30 to 01/01/2006
Amendment — effective from 2005-06-29 to 06/30/2005
Amendment — effective from 2005-02-14 to 06/29/2005
Amendment — effective from 2004-11-30 to 02/14/2005
EMERGENCY RULE Adoption — effective from 2004-10-07 to 11/30/2004
Amendment — effective from 2004-02-04 to 10/07/2004
EMERGENCY RULE Adoption — effective from 2004-01-01 to 02/04/2004
Amendment — effective from 2003-12-03 to 01/01/2004
EMERGENCY RULE Adoption — effective from 2003-10-03 to 12/03/2003
Amendment — effective from 2003-03-13 to 10/03/2003
EMERGENCY RULE Adoption — effective from 2002-09-30 to 03/13/2003
EMERGENCY RULE Adoption — effective from 2002-07-05 to 09/30/2002
Amendment — effective from 2002-02-05 to 07/05/2002
Periodic Refile — effective from 2002-01-02 to 02/05/2002

180-RICR-10-00-2 § 2.4 Gross Income Defined

A.Gross income is defined as earnings, pensions, and other benefits and all other monies received, including but not limited to the following:

1.Social Security (i.e., Old-Age Survivors, and Disability Insurance)

2.Temporary disability insurance

3.Employment security benefits

4.Veterans administration benefits

5.Railroad retirement benefits

6.Civil Service annuity

7.Worker's compensation

8.Prizes (Monetary)

9.Awards (Monetary)

10.Inheritance (Monetary)

11.Gifts (Monetary)

12.Rents

13.Interest

14.Dividends

15.Royalties

16.Alimony

17.Insurance proceeds

18.Allotments

19.Military Retirement

20.Trust accounts

21.Gains on sale of real and personal property including the sale of home

22.Any other source of income

B.Retroactive benefits payments shall be subject to the maintenance fee for the period of time covered by the benefit award and shall be added to all other income previously reported for the benefits period. The Home will then re-compute the maintenance fee previously determined for the benefit period and the resident will be billed for the full amount of any additional maintenance fee due for the benefit period.

C.Interest and dividends shall be prorated over a 12-month period commencing with the first month of each calendar year based on the amount received by the resident during the previous 12-month period.

D.All residents shall be required to apply for any income benefit to which the resident may be entitled. If requested by the Home, the resident or his/her guardian, conservator, or fiduciary shall authorize the Home to process the necessary application to secure such benefit.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-01-12 to 01/04/2022
Technical Revision — effective from 2017-01-12 to 01/12/2017
Amendment — effective from 2017-01-12 to 01/12/2017
Amendment — effective from 2016-06-23 to 01/12/2017
Amendment — effective from 2015-03-18 to 06/23/2016
EMERGENCY RULE Amendment — effective from 2015-01-01 to 05/01/2015
Amendment — effective from 2014-04-21 to 03/18/2015
Amendment — effective from 2013-06-19 to 04/21/2014
EMERGENCY RULE Amendment — effective from 2013-04-01 to 06/19/2013
Amendment — effective from 2012-07-01 to 06/19/2013
EMERGENCY RULE Amendment — effective from 2012-04-01 to 07/30/2012
Amendment — effective from 2011-05-01 to 07/01/2012
Amendment — effective from 2010-09-01 to 05/01/2011
Amendment — effective from 2009-03-18 to 09/01/2010
EMERGENCY RULE Amendment — effective from 2009-01-01 to 05/01/2009
Amendment — effective from 2008-04-01 to 03/18/2009
EMERGENCY RULE Amendment — effective from 2008-01-01 to 04/01/2008
Amendment — effective from 2007-03-20 to 04/01/2008
EMERGENCY RULE Amendment — effective from 2007-01-11 to 03/20/2007
Amendment — effective from 2006-01-01 to 03/20/2007
Technical Revision — effective from 2005-06-30 to 01/01/2006
Amendment — effective from 2005-06-29 to 06/30/2005
Amendment — effective from 2005-02-14 to 06/29/2005
Amendment — effective from 2004-11-30 to 02/14/2005
EMERGENCY RULE Adoption — effective from 2004-10-07 to 11/30/2004
Amendment — effective from 2004-02-04 to 10/07/2004
EMERGENCY RULE Adoption — effective from 2004-01-01 to 02/04/2004
Amendment — effective from 2003-12-03 to 01/01/2004
EMERGENCY RULE Adoption — effective from 2003-10-03 to 12/03/2003
Amendment — effective from 2003-03-13 to 10/03/2003
EMERGENCY RULE Adoption — effective from 2002-09-30 to 03/13/2003
EMERGENCY RULE Adoption — effective from 2002-07-05 to 09/30/2002
Amendment — effective from 2002-02-05 to 07/05/2002
Periodic Refile — effective from 2002-01-02 to 02/05/2002

180-RICR-10-00-2 § 2.5 Deductions from Gross Income

A.Prior to the determination and collection of any maintenance fee, the following deductions shall be allowed:

1.Federal and State taxes.

2.An amount equal to $150 per month for personal needs.

3.Patient Employee pay and therapeutic earnings.

4.Fifty percent (50%) of any sum received due to wounds incurred under battle conditions for which the resident received the Purple Heart.

5.Guardianship Fees.

6.Support allowance.

7.Medicare Part B.

2.5.1Federal and State Taxes

A.It shall be the responsibility of the resident to provide evidence of amounts paid for federal and state taxes by submitting to the Home's Business Office a true copy of the federal and state tax forms or submission of a canceled check or money order made payable to the federal and/or state governments for such taxes.

B.Such amounts paid for federal and state taxes shall be deducted from gross income for the month in which the verification is submitted to the Home's Business Office prior to determining the maintenance fee. Any tax payments in excess of gross income in a particular month shall be carried forward and deducted from the following month(s) gross income.

2.5.2One Hundred Fifty Dollar Deduction

An amount equal to one hundred fifty dollars ($150) per month shall be deducted from the resident's gross income prior to determining the maintenance fee and any patient employee pay.

2.5.3Special Therapeutic Personal Needs Deduction

A.Therapeutic employment in the public and private sector or sheltered workshops shall be subject to the maintenance fee as specified below.

1.Such employment must be part of a written plan with the resident.

2.In addition to the basic personal needs (Section 106) of $150 allowed by state law an additional $85 plus one-half (1/2) the remainder of earned income per month may be protected for personal needs. The maximum combined personal needs deduction cannot exceed $330 per month. Example: $150 + $85 + ($129 maximum) = $330)

2.5.4Purple Heart Deduction

A.An amount equal to fifty percent (50%) of any sum received due to wounds incurred under battle conditions for which the resident received the Purple Heart shall be deducted from gross income prior to determining the maintenance fee.

B.It is the responsibility of the resident to provide evidence such as the Purple Heart order or any service records which states that the Purple Heart was awarded to the resident. The Business Office will assist the resident in the verification of the Purple Heart Award.

2.5.5Guardianship Income/Fees

A.For purpose of these regulations "Guardianship Fees" shall mean: guardian fees, attorney fees, probate filing fees, and related expenses such as guardians, bonds.

B.As state law requires the guardian to file an accounting each year with the appropriate court, it shall be the guardian's responsibility to submit a copy of said annual accounting to the Rhode Island Veterans Home in the same month as approved by the court.

C.From the accounting the guardianship fees as stated above shall be used to determine the amount to be subtracted each month from the resident's gross income.

2.5.6Support Deduction

A.For purpose of determining the maintenance fee, there shall be a deduction from the gross income the amount paid by a resident for the support and maintenance of his or her spouse, parent(s) or minor child(ren). For purposes of this regulation, determinations for a common law spouse will be based on Rhode Island law and 38 U.S.C. § 103(c). This amount is subject to a maximum to be computed based on the supported person's income as related to the cost of living scale below.

B.For purpose of determining the maintenance fee, there shall be a deduction from gross income the amount paid by a resident for the support and maintenance of his or her adult child who is permanently and totally disabled as defined in Title XVI of the Federal Social Security Act, subject to a maximum amount to be computed based on the supported person's income as related to the adopted cost of living scale.

C.Verification of Support

1.The resident must provide support prior to admission.

2.The resident and/or person to be supported must provide evidence as to manner/method, amount and beginning of support.

D.Amount of Support

1.When the supported person's income is below the cost of living scale for the family size, the resident will be allowed a deduction in an amount that will, when added to the supported person's income, provide the supported person total income equal to the cost of living scale for the family size.

2.Any support allowance authorized for a minor shall be provided to that responsible person having custody of the minor.

3.A support allowance may not be authorized for any person who is confined to a private or public institution when payment for their care is from a public agency.

E.When supported person(s) income is in excess of the cost of living scale, no deduction will be granted for that person.

F.It shall be the responsibility of the resident to provide evidence of amounts paid for the support and maintenance of any person and to submit a supported person's statement of income (Bus. 18 for each person).

G.Each resident shall file a revised supported persons Statement of Income (Bus. 18) –no later than March 31st each year. In addition, the resident shall file a revised supported persons Statement of Income (Bus. 18) for each person whose source or amount of income changes.

H.Any change in support status shall be reported immediately by the resident.

I.Failure to report correct financial data of the supported person resulting in the determination/granting of an erroneous support allowance shall be cause for the discontinuance of the resident's support allowance. Any indebtedness owed the State of Rhode Island shall be paid in full or by other appropriate arrangements before a support allowance is authorized again.

2.5.7Cost of Living Scale

INCOME*

MONTHLY

INCOME

ANNUALLY

$1,980

$23,760

$2,670

$32,040

$3,360

$40,320

$4,050

$48,600

$4,740

$56,880

$5,430

$65,160

Reference: U.S. Department of Health & Human Services and the RI Executive Office of Health & Human Services: Income Qualification Guidelines

*Income as used in this instance means the gross earned or unearned income.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-01-12 to 01/04/2022
Technical Revision — effective from 2017-01-12 to 01/12/2017
Amendment — effective from 2017-01-12 to 01/12/2017
Amendment — effective from 2016-06-23 to 01/12/2017
Amendment — effective from 2015-03-18 to 06/23/2016
EMERGENCY RULE Amendment — effective from 2015-01-01 to 05/01/2015
Amendment — effective from 2014-04-21 to 03/18/2015
Amendment — effective from 2013-06-19 to 04/21/2014
EMERGENCY RULE Amendment — effective from 2013-04-01 to 06/19/2013
Amendment — effective from 2012-07-01 to 06/19/2013
EMERGENCY RULE Amendment — effective from 2012-04-01 to 07/30/2012
Amendment — effective from 2011-05-01 to 07/01/2012
Amendment — effective from 2010-09-01 to 05/01/2011
Amendment — effective from 2009-03-18 to 09/01/2010
EMERGENCY RULE Amendment — effective from 2009-01-01 to 05/01/2009
Amendment — effective from 2008-04-01 to 03/18/2009
EMERGENCY RULE Amendment — effective from 2008-01-01 to 04/01/2008
Amendment — effective from 2007-03-20 to 04/01/2008
EMERGENCY RULE Amendment — effective from 2007-01-11 to 03/20/2007
Amendment — effective from 2006-01-01 to 03/20/2007
Technical Revision — effective from 2005-06-30 to 01/01/2006
Amendment — effective from 2005-06-29 to 06/30/2005
Amendment — effective from 2005-02-14 to 06/29/2005
Amendment — effective from 2004-11-30 to 02/14/2005
EMERGENCY RULE Adoption — effective from 2004-10-07 to 11/30/2004
Amendment — effective from 2004-02-04 to 10/07/2004
EMERGENCY RULE Adoption — effective from 2004-01-01 to 02/04/2004
Amendment — effective from 2003-12-03 to 01/01/2004
EMERGENCY RULE Adoption — effective from 2003-10-03 to 12/03/2003
Amendment — effective from 2003-03-13 to 10/03/2003
EMERGENCY RULE Adoption — effective from 2002-09-30 to 03/13/2003
EMERGENCY RULE Adoption — effective from 2002-07-05 to 09/30/2002
Amendment — effective from 2002-02-05 to 07/05/2002
Periodic Refile — effective from 2002-01-02 to 02/05/2002

180-RICR-10-00-2 § 2.6 Verification of Data 2.6 Verification of Data {#sec-180-ricr-10-00-2-2.6-verification-of-data omnilex-key=us-ri-regs-official--title-180--180-RICR-10-00-2#2.6 Verification of Data}

The Home reserves the right to verify and confirm any data from any agency or person having custody of such data the resident or dependent has submitted on the Financial Statement (Bus. 17) and/or the supported person's Statement of Income (Bus. 18) to insure the proper determination of the maintenance fee.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-01-12 to 01/04/2022
Technical Revision — effective from 2017-01-12 to 01/12/2017
Amendment — effective from 2017-01-12 to 01/12/2017
Amendment — effective from 2016-06-23 to 01/12/2017
Amendment — effective from 2015-03-18 to 06/23/2016
EMERGENCY RULE Amendment — effective from 2015-01-01 to 05/01/2015
Amendment — effective from 2014-04-21 to 03/18/2015
Amendment — effective from 2013-06-19 to 04/21/2014
EMERGENCY RULE Amendment — effective from 2013-04-01 to 06/19/2013
Amendment — effective from 2012-07-01 to 06/19/2013
EMERGENCY RULE Amendment — effective from 2012-04-01 to 07/30/2012
Amendment — effective from 2011-05-01 to 07/01/2012
Amendment — effective from 2010-09-01 to 05/01/2011
Amendment — effective from 2009-03-18 to 09/01/2010
EMERGENCY RULE Amendment — effective from 2009-01-01 to 05/01/2009
Amendment — effective from 2008-04-01 to 03/18/2009
EMERGENCY RULE Amendment — effective from 2008-01-01 to 04/01/2008
Amendment — effective from 2007-03-20 to 04/01/2008
EMERGENCY RULE Amendment — effective from 2007-01-11 to 03/20/2007
Amendment — effective from 2006-01-01 to 03/20/2007
Technical Revision — effective from 2005-06-30 to 01/01/2006
Amendment — effective from 2005-06-29 to 06/30/2005
Amendment — effective from 2005-02-14 to 06/29/2005
Amendment — effective from 2004-11-30 to 02/14/2005
EMERGENCY RULE Adoption — effective from 2004-10-07 to 11/30/2004
Amendment — effective from 2004-02-04 to 10/07/2004
EMERGENCY RULE Adoption — effective from 2004-01-01 to 02/04/2004
Amendment — effective from 2003-12-03 to 01/01/2004
EMERGENCY RULE Adoption — effective from 2003-10-03 to 12/03/2003
Amendment — effective from 2003-03-13 to 10/03/2003
EMERGENCY RULE Adoption — effective from 2002-09-30 to 03/13/2003
EMERGENCY RULE Adoption — effective from 2002-07-05 to 09/30/2002
Amendment — effective from 2002-02-05 to 07/05/2002
Periodic Refile — effective from 2002-01-02 to 02/05/2002

180-RICR-10-00-2 § 2.7 Per Diem Cost 2.7 Per Diem Cost {#sec-180-ricr-10-00-2-2.7-per-diem-cost omnilex-key=us-ri-regs-official--title-180--180-RICR-10-00-2#2.7 Per Diem Cost}

A.The Director shall, at the end of each fiscal year (June 30), determine the net per diem expenses of maintenance of residents in the facility for nursing and domiciliary care which shall be used as the basis for all maintenance fees assessed during the twelve (12) month period commencing the following January 1 of each year.

PER DIEM COST

Fiscal Year Ending June 30, 2016

Nursing Care (per day)

Actual Cost

Less VA Allowance

$449.21

$103.61

$345.60

B.It shall be the responsibility of each resident or his/her fiduciary to see that his/her established maintenance fee is paid in full at the Home's business office on/or before the tenth (10th) calendar day of each month.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-01-12 to 01/04/2022
Technical Revision — effective from 2017-01-12 to 01/12/2017
Amendment — effective from 2017-01-12 to 01/12/2017
Amendment — effective from 2016-06-23 to 01/12/2017
Amendment — effective from 2015-03-18 to 06/23/2016
EMERGENCY RULE Amendment — effective from 2015-01-01 to 05/01/2015
Amendment — effective from 2014-04-21 to 03/18/2015
Amendment — effective from 2013-06-19 to 04/21/2014
EMERGENCY RULE Amendment — effective from 2013-04-01 to 06/19/2013
Amendment — effective from 2012-07-01 to 06/19/2013
EMERGENCY RULE Amendment — effective from 2012-04-01 to 07/30/2012
Amendment — effective from 2011-05-01 to 07/01/2012
Amendment — effective from 2010-09-01 to 05/01/2011
Amendment — effective from 2009-03-18 to 09/01/2010
EMERGENCY RULE Amendment — effective from 2009-01-01 to 05/01/2009
Amendment — effective from 2008-04-01 to 03/18/2009
EMERGENCY RULE Amendment — effective from 2008-01-01 to 04/01/2008
Amendment — effective from 2007-03-20 to 04/01/2008
EMERGENCY RULE Amendment — effective from 2007-01-11 to 03/20/2007
Amendment — effective from 2006-01-01 to 03/20/2007
Technical Revision — effective from 2005-06-30 to 01/01/2006
Amendment — effective from 2005-06-29 to 06/30/2005
Amendment — effective from 2005-02-14 to 06/29/2005
Amendment — effective from 2004-11-30 to 02/14/2005
EMERGENCY RULE Adoption — effective from 2004-10-07 to 11/30/2004
Amendment — effective from 2004-02-04 to 10/07/2004
EMERGENCY RULE Adoption — effective from 2004-01-01 to 02/04/2004
Amendment — effective from 2003-12-03 to 01/01/2004
EMERGENCY RULE Adoption — effective from 2003-10-03 to 12/03/2003
Amendment — effective from 2003-03-13 to 10/03/2003
EMERGENCY RULE Adoption — effective from 2002-09-30 to 03/13/2003
EMERGENCY RULE Adoption — effective from 2002-07-05 to 09/30/2002
Amendment — effective from 2002-02-05 to 07/05/2002
Periodic Refile — effective from 2002-01-02 to 02/05/2002

180-RICR-10-00-2 § 2.8 Maintenance Fees 2.8 Maintenance Fees {#sec-180-ricr-10-00-2-2.8-maintenance-fees omnilex-key=us-ri-regs-official--title-180--180-RICR-10-00-2#2.8 Maintenance Fees}

A fee equal to eighty percent (80%) of the resident's net income shall be assessed against each resident who net income provided that such fee shall not exceed the actual cost of care and maintenance for such residents.

2.8.1 Payment of Maintenance Fees

A.Each resident shall be billed on the first day of each month on his or her Statement of Charges for the maintenance fee assessed for the current month of residency.

B.A resident whose funds are on deposit with the Home's designated bank may sign an automatic withdrawal slip to have his/her maintenance fee automatically withdrawn from his/her account. Said resident shall not receive a Statement of Charges each month.

C.Monthly maintenance fees in an amount under one dollar ($1.00) shall be exempt from the collections process.

D.All residents (admitted after July 1, 2001) will be billed on the tenth day of each month on Statement of Charges for the number of days in the current month.

E.When a resident is admitted after the first day of the month, the first month's maintenance fee shall be based on the number of days remaining in the month including the day of admission.

2.8.2 Hospitalized Residents

A.When a resident is hospitalized, his/her maintenance fee shall not be decreased, abated, or otherwise affected by the hospitalization unless the resident is discharged from the Home.

B.However, if the hospitalized resident elects to relinquish a bed, that resident shall be discharged. Once the resident has been discharged he shall have the right to reapply for admission subject to the procedures for the application and admission of veterans to the Rhode Island Veterans Home.

C.If no election to relinquish a bed is made by either the resident or his nominee within fifteen (15) days from the date of absence, the resident shall be maintained on the roles subject to the procedure for billing and collection of maintenance fees at the Rhode Island Veterans Home.

2.8.3 Inter-ward Transfers

Should a resident be transferred from one area of care to another, his/her maximum maintenance fee charge shall be adjusted to reflect the area of care the resident is receiving the new rate shall take effect the day after the transfer.

2.8.4 Resident on Pass, Leave or AWOL

A.The maintenance fee for a resident who is absent from the Home on pass, extended leave, or absent without official leave (AWOL) shall not be decreased, abated, or otherwise affected unless the resident is discharged from the Home.

B.If such resident chooses to relinquish a bed, that resident will be discharged. Once the resident has been discharged he shall have the right to reapply for admission subject to the procedures for the application and admission of veterans to the Rhode Island Veterans Home.

C.If no election to relinquish a bed is made by either the resident or his nominee within fifteen (15) days from the date of absence, the resident shall be maintained on the roster subject to the procedures for billing and collection of maintenance fees at the Rhode Island Veterans Home.

2.8.5 Discharges

A.Upon being discharged the resident shall be responsible to make full payment of all maintenance fees incurred through the day of discharge.

B.The resident's per diem rate for the month of discharge shall be based on the number of days the resident was carried on the books.

2.8.6 Failure to Pay Maintenance Fees

A.Maintenance fees shall be paid monthly to the Home and any failure to make payment when due shall be the cause for dismissal from the facility. Prior to dismissal, the resident shall be afforded administrative procedural due process in accordance with § 2.10 of this Part.

B.A veteran who has been discharged for non-payment of maintenance fees or who has left the Home without paying his/her maintenance fees, who applies for readmission to the Home must pay any indebtedness owed the State of Rhode Island in full prior to readmission.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-01-12 to 01/04/2022
Technical Revision — effective from 2017-01-12 to 01/12/2017
Amendment — effective from 2017-01-12 to 01/12/2017
Amendment — effective from 2016-06-23 to 01/12/2017
Amendment — effective from 2015-03-18 to 06/23/2016
EMERGENCY RULE Amendment — effective from 2015-01-01 to 05/01/2015
Amendment — effective from 2014-04-21 to 03/18/2015
Amendment — effective from 2013-06-19 to 04/21/2014
EMERGENCY RULE Amendment — effective from 2013-04-01 to 06/19/2013
Amendment — effective from 2012-07-01 to 06/19/2013
EMERGENCY RULE Amendment — effective from 2012-04-01 to 07/30/2012
Amendment — effective from 2011-05-01 to 07/01/2012
Amendment — effective from 2010-09-01 to 05/01/2011
Amendment — effective from 2009-03-18 to 09/01/2010
EMERGENCY RULE Amendment — effective from 2009-01-01 to 05/01/2009
Amendment — effective from 2008-04-01 to 03/18/2009
EMERGENCY RULE Amendment — effective from 2008-01-01 to 04/01/2008
Amendment — effective from 2007-03-20 to 04/01/2008
EMERGENCY RULE Amendment — effective from 2007-01-11 to 03/20/2007
Amendment — effective from 2006-01-01 to 03/20/2007
Technical Revision — effective from 2005-06-30 to 01/01/2006
Amendment — effective from 2005-06-29 to 06/30/2005
Amendment — effective from 2005-02-14 to 06/29/2005
Amendment — effective from 2004-11-30 to 02/14/2005
EMERGENCY RULE Adoption — effective from 2004-10-07 to 11/30/2004
Amendment — effective from 2004-02-04 to 10/07/2004
EMERGENCY RULE Adoption — effective from 2004-01-01 to 02/04/2004
Amendment — effective from 2003-12-03 to 01/01/2004
EMERGENCY RULE Adoption — effective from 2003-10-03 to 12/03/2003
Amendment — effective from 2003-03-13 to 10/03/2003
EMERGENCY RULE Adoption — effective from 2002-09-30 to 03/13/2003
EMERGENCY RULE Adoption — effective from 2002-07-05 to 09/30/2002
Amendment — effective from 2002-02-05 to 07/05/2002
Periodic Refile — effective from 2002-01-02 to 02/05/2002

180-RICR-10-00-2 § 2.9 Net Income 2.9 Net Income {#sec-180-ricr-10-00-2-2.9-net-income omnilex-key=us-ri-regs-official--title-180--180-RICR-10-00-2#2.9 Net Income}

Net income is defined as gross income minus federal and state taxes, minus an amount equal to one hundred fifty dollars ($150) per month of residency for personal needs, minus any patient employee pay, minus an amount equal to fifty percent (50%) of any sum received due to wounds incurred under battle conditions for which the resident received the Purple Heart, minus guardianship fees allowed in § 2.5.5 of this Part, and minus the amount paid by a resident for the support and maintenance of a dependent(s) subject to the maximum dependent deduction allowed in § 2.5.6 of this Part.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-01-12 to 01/04/2022
Technical Revision — effective from 2017-01-12 to 01/12/2017
Amendment — effective from 2017-01-12 to 01/12/2017
Amendment — effective from 2016-06-23 to 01/12/2017
Amendment — effective from 2015-03-18 to 06/23/2016
EMERGENCY RULE Amendment — effective from 2015-01-01 to 05/01/2015
Amendment — effective from 2014-04-21 to 03/18/2015
Amendment — effective from 2013-06-19 to 04/21/2014
EMERGENCY RULE Amendment — effective from 2013-04-01 to 06/19/2013
Amendment — effective from 2012-07-01 to 06/19/2013
EMERGENCY RULE Amendment — effective from 2012-04-01 to 07/30/2012
Amendment — effective from 2011-05-01 to 07/01/2012
Amendment — effective from 2010-09-01 to 05/01/2011
Amendment — effective from 2009-03-18 to 09/01/2010
EMERGENCY RULE Amendment — effective from 2009-01-01 to 05/01/2009
Amendment — effective from 2008-04-01 to 03/18/2009
EMERGENCY RULE Amendment — effective from 2008-01-01 to 04/01/2008
Amendment — effective from 2007-03-20 to 04/01/2008
EMERGENCY RULE Amendment — effective from 2007-01-11 to 03/20/2007
Amendment — effective from 2006-01-01 to 03/20/2007
Technical Revision — effective from 2005-06-30 to 01/01/2006
Amendment — effective from 2005-06-29 to 06/30/2005
Amendment — effective from 2005-02-14 to 06/29/2005
Amendment — effective from 2004-11-30 to 02/14/2005
EMERGENCY RULE Adoption — effective from 2004-10-07 to 11/30/2004
Amendment — effective from 2004-02-04 to 10/07/2004
EMERGENCY RULE Adoption — effective from 2004-01-01 to 02/04/2004
Amendment — effective from 2003-12-03 to 01/01/2004
EMERGENCY RULE Adoption — effective from 2003-10-03 to 12/03/2003
Amendment — effective from 2003-03-13 to 10/03/2003
EMERGENCY RULE Adoption — effective from 2002-09-30 to 03/13/2003
EMERGENCY RULE Adoption — effective from 2002-07-05 to 09/30/2002
Amendment — effective from 2002-02-05 to 07/05/2002
Periodic Refile — effective from 2002-01-02 to 02/05/2002

180-RICR-10-00-2 § 2.10 Rights to Appeal 2.10 Rights to Appeal {#sec-180-ricr-10-00-2-2.10-rights-to-appeal omnilex-key=us-ri-regs-official--title-180--180-RICR-10-00-2#2.10 Rights to Appeal}

A.A resident or his/her fiduciary who is not in agreement with the maintenance fee assessment or any other determination made pursuant to these rules and regulations may request an informal review by the Assistant Administrator.

1.A resident or his/her fiduciary shall make an oral or written request for such an informal review at the Business Office of the Home within ten (10) days of receipt of the maintenance fee assessment or other determination. The determination of the Assistant Administrator is subject to further informal review by the Associate Director upon oral or written request to the Office of the Associate Director within ten (10) days of the determination of the Assistant Administrator.

2.If a resident or his/her fiduciary is aggrieved by the determination of the Associate Director, he/she may within ten (10) days thereof file a written request for a formal hearing before the Director of Veterans Services or his or her designee. This formal hearing shall be conducted in accordance with the provisions of the Rhode Island Administrative Procedures Act (R.I. Gen. Laws Chapter 42-35) which require, in part, that a record of hearing be made and that all parties be afforded the opportunity to respond and present evidence and argument on all issues involved. The decision of the Director or his or her designee shall be in writing and a copy thereof delivered or mailed to each party.

3.If a resident or his/her fiduciary is aggrieved by the decision of the Director or her designee, he/she may seek judicial review of the decision in the Superior Court of the State.

4.If a resident or his/her fiduciary requests an informal review or formal hearing, he/she may be represented by an authorized representative, such as legal counsel, relative, friend, or other person.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-01-12 to 01/04/2022
Technical Revision — effective from 2017-01-12 to 01/12/2017
Amendment — effective from 2017-01-12 to 01/12/2017
Amendment — effective from 2016-06-23 to 01/12/2017
Amendment — effective from 2015-03-18 to 06/23/2016
EMERGENCY RULE Amendment — effective from 2015-01-01 to 05/01/2015
Amendment — effective from 2014-04-21 to 03/18/2015
Amendment — effective from 2013-06-19 to 04/21/2014
EMERGENCY RULE Amendment — effective from 2013-04-01 to 06/19/2013
Amendment — effective from 2012-07-01 to 06/19/2013
EMERGENCY RULE Amendment — effective from 2012-04-01 to 07/30/2012
Amendment — effective from 2011-05-01 to 07/01/2012
Amendment — effective from 2010-09-01 to 05/01/2011
Amendment — effective from 2009-03-18 to 09/01/2010
EMERGENCY RULE Amendment — effective from 2009-01-01 to 05/01/2009
Amendment — effective from 2008-04-01 to 03/18/2009
EMERGENCY RULE Amendment — effective from 2008-01-01 to 04/01/2008
Amendment — effective from 2007-03-20 to 04/01/2008
EMERGENCY RULE Amendment — effective from 2007-01-11 to 03/20/2007
Amendment — effective from 2006-01-01 to 03/20/2007
Technical Revision — effective from 2005-06-30 to 01/01/2006
Amendment — effective from 2005-06-29 to 06/30/2005
Amendment — effective from 2005-02-14 to 06/29/2005
Amendment — effective from 2004-11-30 to 02/14/2005
EMERGENCY RULE Adoption — effective from 2004-10-07 to 11/30/2004
Amendment — effective from 2004-02-04 to 10/07/2004
EMERGENCY RULE Adoption — effective from 2004-01-01 to 02/04/2004
Amendment — effective from 2003-12-03 to 01/01/2004
EMERGENCY RULE Adoption — effective from 2003-10-03 to 12/03/2003
Amendment — effective from 2003-03-13 to 10/03/2003
EMERGENCY RULE Adoption — effective from 2002-09-30 to 03/13/2003
EMERGENCY RULE Adoption — effective from 2002-07-05 to 09/30/2002
Amendment — effective from 2002-02-05 to 07/05/2002
Periodic Refile — effective from 2002-01-02 to 02/05/2002

Chapter 20 RI Veterans' Memorial Cemetery

Subchapter 00

180-RICR-20-00-1 RI Veterans Memorial Cemetery

180-RICR-20-00-1 § 1.1 Purpose and Authority

A.The purpose of the Rhode Island Veterans Memorial Cemetery is to provide a final resting place for Rhode Island veterans who served in the Armed Services of the United States. R.I. Gen. Laws § 30-25-14, entitled Burial of Veterans, establishes the legal basis for the Rhode Island Veterans Memorial Cemetery (RIVMC) located in the town of Exeter, Rhode Island. The Office of Veterans Services is responsible for RIVMC and authorized by the statute to establish all necessary Rules and Regulations for the operation of the cemetery.

B.This is a state veterans’ cemetery of memorial design, with all grave markers placed flush with ground level. Keeping with military tradition, the cemetery’s landscaping, including trees, shrubs, and flowers, are designed to honor all veterans and their families, not individual gravesites.

C.In compliance with the statutory charge contained in R.I. Gen. Laws § 30-25-14 and the Aid for the Establishment, Expansion, and Improvement, or Operation and Maintenance, of Veterans Cemeteries, 38 C.F.R. Part 39, the following Rules and Regulations have been adopted pursuant to the provisions of the Administrative Procedures Act, R.I. Gen. Laws § 42-35-1, et seq. These Rules and Regulations governing the Rhode Island Veterans Memorial Cemetery are the official policy for the administration of the RIVMC by the Office of Veterans Services. In addition, these Regulations comply with 38 C.F.R. Part 39.

D.Overall supervision of the cemetery is vested in the Cemetery Administrator by the Director of the Office of Veterans Services. The Cemetery Administrator is authorized to ensure compliance with cemetery Regulations and posted notices. Anyone refusing to comply with these Regulations or other valid direction from the Cemetery Administrator, will be asked to leave the cemetery. The Rhode Island State Police will be notified upon repeat violations and/or the refusal to obey a request from the Cemetery Administrator.

E.These Regulations are designed to uphold the pledge of dignity, respect and fair treatment for each veteran and their family, while maintaining the safety and solemnity of the cemetery for all visitors. In keeping with this pledge, the Director of the Office of Veterans Services, or his or her designee, reserves the right to make any necessary corrections while operating the cemetery. This may include but is not limited to interments, disinterment, setting of grave markers, or amendment to official records. Any need for corrections should be brought to the attention of the Cemetery Administrator.

F.Appeals of any decision made by the Cemetery Administrator under these Regulations should be made to the Director of Veterans Services.

G.All inquiries and complaints should be directed to the Cemetery Administrator at 401-268-3088, or by visiting the Administration Office Monday through Friday from 8:30 a.m. to 4:00 p.m.

1.1.1Incorporated Materials

A.These Regulations hereby adopt and incorporate 38 C.F.R. § 38.617 (2024) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these Regulations.

History

Amendment — effective from 2025-12-31 to current
Periodic Refile — effective from 2022-01-04 to 12/31/2025
Amendment — effective from 2021-02-02 to 01/04/2022
Technical Revision — effective from 2017-09-07 to 02/21/2021
Technical Revision — effective from 2017-09-07 to 09/07/2017
Technical Revision — effective from 2017-09-07 to 09/07/2017
Adoption — effective from 2017-09-07 to 09/07/2017

180-RICR-20-00-1 § 1.2 Persons Eligible for Burial

A.Veterans and National Guard and/or Reservists

1.Any person who served in the Army, Navy, Air Force, Coast Guard, Marine Corps or Space Force of the United States pursuant to Title 10 of the United States Code for a period of not less than two (2) years and was discharged under honorable conditions.

2.Any person who died in the line of duty while serving in the Army, Navy, Air Force, Coast Guard, Marine Corps or Space Force of the United States, the Rhode Island National Guard, or other Reserve Component.

3.Any person who was discharged under honorable conditions after completing at six (6) years of service in the Rhode Island National Guard or a Reserve Component.

4.Any person who was discharged under honorable conditions after completing at least six (6) years of national guard or reserve component service with another state and the person is a Rhode Island resident for at least two (2) consecutive years immediately prior to death. Proof of Rhode Island residency requires a Rhode Island driver’s license, Rhode Island voter registration, or State/Federal income tax forms showing two (2) consecutive years of residency. Any request to submit other residency documentation must be made to the Administrator.

5.Any person who participated in an expedition or campaign as a member of the U.S. Armed Forces for which he or she received a campaign or expeditionary medal and was discharged under honorable conditions.

6.Any person who served as a commissioned officer of the National Oceanic and Atmospheric Administration or the Public Health Service for a period of not less than two (2) years and was discharged under honorable conditions.

7.The burden of proof of eligibility for burial in the Rhode Island Veterans Memorial Cemetery is the responsibility of the funeral director or person listed on the veteran's death certificate as agent or informant.

8.A veteran may request a pre-eligibility determination by completing an application with the Administration Office and providing the required eligibility documentation.

B.Eligible Dependents. The following dependents may be eligible for interment at the RIVMC with consent from the eligible veteran and upon meeting the reservation requirements. Supporting documentation may be requested in some cases.

1.Lawful spouse

2.Common law spouse. Determinations for a common-law spouse will be based on Rhode Island law and 38 USC § 103(c).

3.Unmarried, minor children, which means a child under 21 years of age, or under 23 years of age if pursuing a full-time course of instruction at an approved educational institution.

4.Unmarried, adult children who became permanently physically or mentally disabled and incapable of self-support before reaching twenty one (21) years of age, or before reaching 23 years of age if pursuing a full-time course of instruction at an approved educational institution.

5.Parents, including adoptive parents, of service members may be eligible for burial with their child if the son or daughter died as a result of hostile activity or from combat training-related injuries; and the service member has no surviving spouse or dependent child. Burial of eligible parents is contingent on space and limited to service members who died on or after October 7, 2001, and parents who died on or after October 13, 2010.

C.Ineligible Persons

1.Unless otherwise eligible in § 1.2(B) of this Part above, a father, mother, brother, sister, or in-law of an eligible veteran is not entitled to interment at the RIVMC even if he or she relied on the veteran for support and/or was a member of the veteran’s household.

2.Former or subsequent spouses of the eligible veteran are ineligible if another spouse of the veteran is already interred at the RIVMC.

3.Any former spouse that has been lawfully divorced from the veteran is ineligible.

4.Any person whose only separation from the Armed Forces was under dishonorable conditions or whose character of service results in a bar to Veterans benefits.

5.Under 38 C.F.R. § 38.617 (2024), interment or memorialization in the RIVMC is prohibited if a person is convicted of a Federal or State capital crime, for which a sentence of imprisonment for life or the death penalty may be imposed, and the conviction is final.

a.The term “Federal capital crime” means an offense under Federal law for which a sentence of imprisonment for life or the death penalty may be imposed.

b.The term “State capital crime” means, under State law, the willful, deliberate, or premeditated unlawful killing of another human being for which a sentence of imprisonment for life or the death penalty may be imposed.

6.Under 38 C.F.R. § 38.617 (2024), interment or memorialization in the RIVMC is prohibited if a person is convicted of a Tier III sex offense, who was sentenced to a minimum of life imprisonment and whose conviction is final.

7.Any person found under 38 C.F.R. § 38.617 (2024) who have committed said crimes but avoided conviction of such crime by reason of unavailability for trial due to death or flight to avoid prosecution.

8.However, any person who, subsequent to such a conviction, served in the Armed Forces of the United States and whose service is terminated honorably by death or under honorable conditions by honorable discharge may become eligible for burial at the RIVMC.

History

Amendment — effective from 2025-12-31 to current
Periodic Refile — effective from 2022-01-04 to 12/31/2025
Amendment — effective from 2021-02-02 to 01/04/2022
Technical Revision — effective from 2017-09-07 to 02/21/2021
Technical Revision — effective from 2017-09-07 to 09/07/2017
Technical Revision — effective from 2017-09-07 to 09/07/2017
Adoption — effective from 2017-09-07 to 09/07/2017

180-RICR-20-00-1 § 1.3 Reservations and Special Gravesites

A.The Cemetery Administrator, or his or her designee, will assign a gravesite for the eligible veteran or family member only at the time of interment. This policy is required for the efficient operation of the cemetery and safety of both cemetery personnel and visitors.

B.Gravesites

1.Military rank, civilian stature, race, ethnicity, wartime service, or religious preference are given no consideration in the assignment of the gravesite. All gravesites are equal; each has a uniform type of flat granite marker as authorized by the U.S. Department of Veterans Affairs. No other grave marker is permitted at the RIVMC.

2.One (1) gravesite is authorized for the interment of all eligible dependents, except where the Administrator determines soil conditions require more than one (1) grave, as religious faith requirements dictate, or the number of family decedents requires more than one (1) grave.

3.A gravesite is not reserved before it is needed for burial. The RIVMC will attempt to honor reservations made prior to January 1, 2003, unless the selected site is no longer viable for interment.

4.An eligible veteran or an eligible family member may choose a burial niche for cremated remains, an in-ground burial for cremated remains, or a full casketed in-ground burial. One (1) gravesite will be used for all eligible family members, except as indicated in § 1.3(B)(2) of this Part. The use of both a gravesite and a burial niche will not be authorized.

C.Exceptions. Any exceptions to this policy will require the written approval of the Cemetery Administrator.

History

Amendment — effective from 2025-12-31 to current
Periodic Refile — effective from 2022-01-04 to 12/31/2025
Amendment — effective from 2021-02-02 to 01/04/2022
Technical Revision — effective from 2017-09-07 to 02/21/2021
Technical Revision — effective from 2017-09-07 to 09/07/2017
Technical Revision — effective from 2017-09-07 to 09/07/2017
Adoption — effective from 2017-09-07 to 09/07/2017

180-RICR-20-00-1 § 1.4 Policies for Arranging an Interment

A.The ability to effectively manage and sustain the reverence of the Rhode Island Veterans Memorial Cemetery requires coordination, cooperation and respect among the various entities that visit and serve the veteran community. Adherence to these Regulations is expected of all those who perform the noble duties associated with the interment of veterans and their families. Repeated failure to comply may result in a written letter to the respective individual or organization, and/or a complaint filed with the appropriate state licensing agency or association.

B.General Policies

1The funeral director is responsible for making interment arrangements for an eligible decedent and for remaining with remains, including cremated remains, throughout the committal service. Rhode Island funeral directors will be provided with specific information and necessary forms to accomplish authorized interments. The original and complete burial transit permit, or original and complete cremation certificate must be provided to the cemetery prior to the interment. The funeral director must also inform the Administration Office when making arrangements if there are any additional religious requirements for the burial. The funeral director must provide a Burial Preferences Worksheet to the Administration Office a minimum of two (2) days prior to the interment so a gravesite can be assigned and a schedule produced the day prior to the interment.

2.To ensure the RIVMC can accommodate and properly respect each eligible veteran or family member, committal services are limited to fifteen (15) minutes at the designated location. For each interment, a half-hour time period must be reserved with the Administration Office, which includes time for travel within the cemetery and military honors. Except for cremations scheduled for 9:30 a.m. or 10:00 a.m. on Saturdays, interments will not be scheduled more than two (2) weeks in advance.

3.Funeral directors are asked to inform families of the length and purpose of the committal service. The committal service is not intended to be a wake. Going beyond the assigned time disrespects other families waiting to honor their loved one. The Cemetery Administrator, or a representative, will be available to speak with the next of kin upon request of the funeral director.

4.If a funeral party does not arrive within fifteen (15) minutes of the allotted time frame, the committal location may be changed by the Administrator to accommodate the family subject to the availability of an alternate location, RIVMC staff, military honors personnel, and attending clergy. If no other committal location is available, the funeral party may be asked to wait until other scheduled services are completed.

5.If not arriving as a procession, funeral directors are requested to be at the cemetery at least twenty (20) minutes prior to their scheduled time to line up the funeral party and meet with the cemetery escort.

6.RIVMC may accept an urn for placement in a niche compartment without a funeral director if there is no associated committal service and the next of kin can provide the required documentation in § 1.4(B)(1) of this Part. With advance notification, urns are accepted from 10:00 a.m.to 2:00 p.m. Monday through Friday at the Administration Office.

7.The opening of urns or caskets on cemetery grounds is prohibited, except in the cases of disinterment arranged with the Administration Office. Guest books are not permitted.

8.RIVMC will not accept remains shipped via the U.S. Postal Service, or any commercial carrier. RIVMC is unable to store remains overnight.

9.Gravesites prepared for caskets will be of uniform size. Gravesites prepared for cremated remains may be of a lesser uniform size.

10.RIVMC requires an outer burial container for each in-ground interment, including cremations unless the urn meets certain criteria. RIVMC shall charge and collect a cremation urn liner fee per interment of the eligible spouse and/or eligible dependents of the qualified veteran, equal to the department’s cost for the urn liner. For the national guard member and/or reservist, RIVMC shall charge and collect a grave liner fee per interment of the eligible spouse and/or eligible dependents equal to the department’s cost for either full casket or urn liner.

11.No cremated remains are permitted inside of a full casket without proper documentation.

12.Unless a religious faith dictates otherwise, graveside burial services are allowed from April 1 to November 1, provided the grounds are free of safety hazards (snow, ice, construction, etc.) and the funeral director makes prior arrangements with the RIVMC. Graveside services requiring the assistance of a contractor will be at the expense of the next of kin. Requests to deviate from this policy must be made to the Cemetery Administrator.

13.The grave marker permitted in the cemetery is the United States Government flat granite marker. Installation of the grave marker is performed by the cemetery staff. The Federal "Application for Headstone or Marker" VA Form 40-1330 will be processed through the RIVMC office. Funeral directors are required to attach the completed "Application for Headstone or Marker" VA Form 40-1330 to the other interment forms and deliver them to the RIVMC office. The Administration Office is unable to process forms for grave makers and VA bronze medallions to be placed outside of the RIVMC.

14.The RIVMC will assign a gravesite, ensure the site is properly opened and closed, and provide perpetual care of the gravesite. Title to all lots is retained by the RIVMC. All other charges in connection with any funeral or burial in the cemetery will be the responsibility of the next of kin.

15.A deceased eligible dependent may be interred prior to the death of a veteran only when the veteran certifies he or she will be buried in the same assigned gravesite. Conversely, reservations for the burial of eligible living dependent(s) will be made at the time of the burial of the veteran. Reservation forms are available at the RIVMC Administration Office.

16.All interments are scheduled through the Administration Office. Interments will be scheduled on a first come, first served basis upon submission of the required documentation and verification of the veteran’s eligibility.

17.Interments are scheduled from 10:00 a.m. to 2:00 p.m. on Monday through Friday. Typically, no more than eight (8) interments will be scheduled on a weekday. Exceptions may be requested to the Cemetery Administrator.

18.Requests for Holiday interments will not normally be accommodated.

19.RIVMC reserves the right to move graveside interments to an alternate location consistent with religious faith requirements in the event of inclement weather or other unforeseen safety conditions.

20.When a casualty of war is presented for interment, the Cemetery Administrator reserves the right to authorize additional burial provisions.

21.When a religious faith requirement dictates, the Cemetery Administrator reserves the right to authorize additional burial provisions.

C.Saturday Interments

1.Interments are scheduled from 9:30 a.m. to 11:30 a.m. on Saturdays. Typically, there will be no more than four (4) interments on any given Saturday except as set forth below and in § 1.5(F) of this Part.

2.Requests for Saturday interment must be made to the Administration Office prior to noon on the preceding Thursday and accompanied by all required documentation. Scheduling of the 10:30 a.m., 11:00 a.m. and 11:30 a.m. committal services will typically be reserved for funerals arriving in procession.

History

Amendment — effective from 2025-12-31 to current
Periodic Refile — effective from 2022-01-04 to 12/31/2025
Amendment — effective from 2021-02-02 to 01/04/2022
Technical Revision — effective from 2017-09-07 to 02/21/2021
Technical Revision — effective from 2017-09-07 to 09/07/2017
Technical Revision — effective from 2017-09-07 to 09/07/2017
Adoption — effective from 2017-09-07 to 09/07/2017

180-RICR-20-00-1 § 1.5 General Procedures on Disinterments

A.Except as provided for in this Section and in § 1.1 of this Part, disinterment and removal of remains from the RIVMC for reinterment in another location within the cemetery or to be transferred for reinterment in another cemetery is not permitted.

B.Procedures for Making Requests

1.Requests for disinterment and removal of remains shall be made to the Director of Veterans Services through the RIVMC Administration Office. As specified in § 1.5(D) of this Part, the nature of the request and the responsibilities of both RIVMC and the person(s) making application will vary depending on whether the decedent's remains are to be re-interred in another location in RIVMC or transferred to a different cemetery.

2.The removal of remains may require a funeral director and an associated legal permit. The cost of the funeral director or any other legal requirements are the responsibility of the person making the request.

3.The next of kin desiring to have the remains of a person disinterred from one (1) gravesite in the RIVMC for reinterment to another gravesite at the RIVMC must complete the required application with notarized signatures of all immediate family members.

C.General Requirements

1.All requests for disinterment and removal of remains shall only be considered for approval when the following conditions are met:

a.Application. The person(s) requesting disinterment and removal of the remains shall submit a completed and signed RIVMC Application For Disinterment that contains the following:

(1)Identifying information about the deceased and the specific purposes to be served by the disinterment and removal of the remains;

(2)Written consent of the decedent's next of kin, or representatives thereof, to the disinterment and removal of remains as specified below in § 1.5(D) of this Part;

(3)The location of the reinterment of the decedent's remains, whether in the RIVMC or another cemetery; and

(4)A sworn affidavit from the person(s) making the request indicating the information provided in the application is true and correct.

b.Consent. All living immediate family members of the decedent, and the person(s) who initiated the decedent's interment in the RIVMC, shall provide written consent for the disinterment and removal of the remains. Such consent is not necessary if so ordered by a State or Federal court, or another State instrumentality of competent jurisdiction.

(1)For purposes of this Section, “immediate family members” are defined as surviving spouse, whether or not he or she is or was remarried; all adult children of the decedent; the appointed guardian(s) of minor children; and the appointed guardian(s) of the surviving spouse or of the adult child(ren) of the decedent. If the surviving spouse and all of the children of the decedent are deceased, the decedent's parents will be considered “immediate family members.

(2)The RIVMC may consider an order from a court of competent jurisdiction if the required consent of immediate relatives cannot be obtained for reasons the court deems to be both reasonable and legitimate. Any person(s) seeking such a court order shall not include the Office of Veterans Services, the RIVMC, or any officials thereof to be party when requesting court action.

D.Requirements Pertaining to Reinterment Location

1.The person(s) making the request must indicate clearly on the application whether the decedent's remains are to be removed and reinterred by RIVMC in another location of the RIVMC or are to be disinterred for removal and transfer to a different cemetery. Depending on the location selected, the respective responsibilities of RIVMC and the applicant shall vary in accordance with this Subsection.

2.Reinterment in the RIVMC. RIVMC cannot accommodate specific location requests for reinterments; all reinterments will be made in the active burial field at the time of the request. When a request is approved to move a decedent's remains to another location in the cemetery, the RIVMC shall be responsible for providing only those services required to disinter, remove, and re-inter the decedent's remains in accordance with applicable procedures and safety standards. Upon making the request, the applicant, the decedent's next of kin, or a representative thereof must agree to accept the responsibility for:

a.Arranging and paying for any ancillary services that the RIVMC is not bound to provide by law, regulation, or established procedures, and

b.Cooperating with the RIVMC, to the extent necessary, in complying with any applicable Regulations set by the RIMVC or any other Federal, state, or local governing authority.

c.Inquiries as to whether a particular service is an ancillary service should be made directly to the Cemetery Administrator.

3.Disinterment and Transfer. When the decedent's remains are to be transferred for reinterment in a cemetery other than the RIVMC, the RIMVC is responsible only for opening the grave to two feet (2’) below the ground surface. Upon making the request for disinterment of remains for transfer, the applicant, the decedent's next of kin, or a representative thereof must agree to accept responsibility for:

a.Arranging and paying for all services required to disinter, remove, and transfer the decedent's remains for burial in another cemetery; and

b.Assuring that any individual/firm selected to disinter, remove, and transfer the decedent's remains complies fully with the applicable safety Regulations, established by the Rhode Island Department of Health.

E.Review and Written Decision

1.Within fourteen (14) days from the receipt of the required forms, the Director (or his or her designee), will review the application requesting the disinterment and removal of the decedent's remains and render a decision either approving or denying the request.

F.Exclusions and Limits

1.Liability. The RIVMC shall not be held liable in any way for the condition of the decedent's remains once disinterred. In addition, the RIVMC is not responsible for scope, quality, timeliness, or cost of services rendered by an individual/firm acting on the behalf of some other person or entity for the purposes of providing any ancillary services, as indicated in § 1.5(D) (1) of this Part, or such services that may be required to transfer the decedent's remains for reinterment in another cemetery other than as specified explicitly in § 1.5(D)(3) of this Part.

2.Scheduling. RIVMC retains sole discretion to determine when any of the services associated with an approved request are provided, irrespective of whether such services are the responsibility of the RIMVC or its authorized agent, or an individual or firm acting on behalf of the person(s) making the request.

History

Amendment — effective from 2025-12-31 to current
Periodic Refile — effective from 2022-01-04 to 12/31/2025
Amendment — effective from 2021-02-02 to 01/04/2022
Technical Revision — effective from 2017-09-07 to 02/21/2021
Technical Revision — effective from 2017-09-07 to 09/07/2017
Technical Revision — effective from 2017-09-07 to 09/07/2017
Adoption — effective from 2017-09-07 to 09/07/2017

180-RICR-20-00-1 § 1.6 General Cemetery Rules

A.Visiting Hours. Visiting hours are established by the Administrator and posted at the main gate. Unauthorized visitors to the cemetery outside of these hours may be asked to leave. Trespassers in violation of the posted hours may be referred to the State Police. Unless otherwise posted, visiting hours are established to coincide with seasonal daylight hours:

1.October 1 through March 31, 7:00 a.m. through 5:00 p.m.

2.April 1 through September 30, 7:00 a.m. through 7:00 p.m.

3.The Administrator reserves to right to change these hours without notice in cases of inclement weather or when other safety concerns warrant.

B.General Rules

1.Memorial services or ceremonies within the cemetery, except private memorial services, require the prior approval of the Administrator.

2.Picketing, demonstrations, or similar conduct is not permitted on the cemetery grounds. This includes orations, distribution of materials, disorderly conduct, or any assembly of persons for purposes not consistent with the respectful intentions of this cemetery.

3.Radios, speakers, musical instruments, and other boisterous, loud or offensive noises are prohibited unless part of an approved memorial service or ceremony.

4.The display of any placard, banner, flag, or similar article within the cemetery grounds is not permitted without prior written approval of the Administrator.

5.The intentional damage, destruction or removal of any monument, grave marker or gravestone is strictly prohibited and will be referred to the State Police for violation of R.I. Gen. Laws § 11-20-2.

6.Dogs and other domestic animals, except service animals, are not permitted on cemetery grounds. Per R.I. Gen. Laws § 30-25-14, violators may be subject to a fine of five hundred dollars ($500.00) and/or removal from the grounds. Repeat violators or those refusing to comply with a request by the Cemetery Administrator will be referred to the State Police.

7.To preserve the sanctity of the cemetery, recreational activities such as sports, athletics, or picnics are not permitted.

8.Littering is prohibited. Receptacles are provided throughout the cemetery for trash.

9.Please obey posted speed limits and road closure signs.

10.The use of private recreational vehicles, including snowmobiles, dirt bikes, or four-wheel all-terrain vehicles is not permitted within the cemetery.

11.Personal motor vehicles are restricted to paved cemetery roadways. For handicap access to gravesites and when assistance is needed during periods of significant snowfall, please contact the Administrator or a RIVMC staff member.

12.The use of threatening, indecent or provocative language, including physical aggression, will not be tolerated on the cemetery grounds. Persons disrupting a memorial service or ceremony, harassing or attempting to obstruct RIVMC employees, or otherwise creating a hazardous condition, will be removed from the grounds.

13.Alcoholic beverages and drugs are prohibited on the cemetery grounds. Persons suspected to be under the influence of alcohol or drugs may be asked to leave the grounds.

14.The display or distribution of advertising or marketing materials, or any attempt to solicit business while within the cemetery grounds is not permitted.

15.Firearms and explosives are prohibited on cemetery grounds.

16.Hunting and fishing are prohibited on cemetery grounds.

C.Memorial Services and Ceremonies

1.Requests to conduct memorial services or ceremonies must be made to the Administrator, Rhode Island Veterans Memorial Cemetery, 301 South County Trail, Exeter, RI 02822. The Administrator will provide written notice of approval for the request prior to the proposed date of the service or ceremony.

2.Requests shall describe the proposed memorial service or ceremony in detail, including the purpose of the event, the estimated attendance, the expected length of the event, whether musical instruments, flags or programs are requested, and the name, phone and email address for the event’s point of contact.

3.As a State cemetery, the Rhode Island Veterans Memorial Cemetery is not authorized to provide funding, equipment or staff to individuals or organizations for specific memorial services or ceremonies.

4.All memorial services and ceremonies in the Rhode Island Veterans Memorial Cemetery except for official State ceremonies, shall be conducted in accordance with the following Rules:

a.Services and ceremonies are to be memorial in nature and dedicated to honoring all those interred in the cemetery, to all those who have died in the military service of the United States, to all those who have died in the United States while serving during a particular conflict or while serving in a particular military unit or units, or to the memory of the individual or individuals interred or to be interred at the particular gravesite at which the services or ceremony is held.

b.The Rhode Island Veterans Memorial Cemetery is a non-public forum. Partisan activities, such as those involving commentary in support of, or in opposition to, or attempts to influence any current policy of the Government of the United States, or any group, association, or enterprise are prohibited.

c.Silence will be requested during military funeral honors, public wreath laying ceremonies, and memorial services conducted on grounds.

d.Public memorial services and public wreath laying ceremonies are open to all members of the public.

D.Monuments

1.Private monuments or other individual markers are not permitted.

2.The names of the interred veterans may be inscribed on the Memorial Wall and Memorial Walkway border. Fees for the inscription of names are available at the Administration office.

3.Monuments to commemorate veterans of specific campaigns must be planned in consultation with the Administrator before construction begins.

4.Private monuments are not permitted. Monuments to commemorate an individual, group, or event may be erected with written approval from the Cemetery Administrator. The Administrator reserves the right to request changes to the specifications in order to preserve the natural setting and to maintain the cemetery’s memorial design.

5.Upon review of the proposal, the Administrator will provide written notice of approval, denial, or any requested changes.

E.Gravesite Adornments

1.Flowers:

a.One (1) plastic container of cut natural flowers or a potted plant (also plastic) less than eight inches (8”) in diameter may be placed on gravesites. Plastic cone vases for natural or silk flowers are available at the Administration Office. Flowers not in an eight inch (8”) plastic or cone vase will be removed and disposed of.

b.Funeral pieces will be placed on racks in the area of the gravesite on the day of the interment and will be removed upon withering.

c.Flowers, natural or artificial, will be removed when withered or faded, or if weather conditions, such as wind, cause them to separate from the gravesite.

d.Evergreen wreaths or other holiday arrangements less than sixteen inches (16”) in diameter or eight inch (8”) potted poinsettias may be placed December 1st through January 31st, weather permitting. Decoration of cemetery trees or shrubs is not permitted.

e.Permanent plantings of trees, shrubs and flowers are prohibited. All requests for maintenance at a specific gravesite should be made to the Administration Office.

2.Decorative Items:

a.The Federal Department of Veterans Affairs does not permit adornments that are offensive, inconsistent with the dignity of the cemetery, or hazardous to cemetery personnel.

b.Adornments not permitted include glass, pottery, figurines, solar lights, upright crosses or crucifixes, statues, balloons, pinwheels, stake signs, or any item that poses a hazard to cemetery personnel or impedes maintenance of the grounds.

c.Unauthorized items will be removed from gravesites and surrounding areas as needed to facilitate cemetery maintenance and operations. At a minimum, the cemetery grounds will be cleared of all unauthorized adornments at the end of each month.

d.Gravesite markers and niche covers are property of the Federal Department of Veterans Affairs and/or the State of Rhode Island. No decorative items may be affixed (glued or taped) to marker or covers, including stickers, pictures, ornaments, candy, and flowers. If damage to the marker or cover results from an affixed item, the marker or cover will be re-ordered and the next-of-kin may be responsible for reimbursing the Federal Department of Veterans Affairs and/or the State of Rhode Island.

3.Flags:

a.The United States flag is flown over the Rhode Island Veterans Memorial Cemetery every day. Except for Memorial Day, no individual flags are permitted on gravesites.

b.Individual United States flags are placed on each gravesite for Memorial Day by RIVMC staff. Additional United States, POW/MIA, and Rhode Island State flags may be placed throughout the cemetery on Veterans Day, and during special events.

c.In order to ensure the utmost respect and care for each flag, RIVMC staff will be solely responsible for the placing of flags on cemetery grounds.

History

Amendment — effective from 2025-12-31 to current
Periodic Refile — effective from 2022-01-04 to 12/31/2025
Amendment — effective from 2021-02-02 to 01/04/2022
Technical Revision — effective from 2017-09-07 to 02/21/2021
Technical Revision — effective from 2017-09-07 to 09/07/2017
Technical Revision — effective from 2017-09-07 to 09/07/2017
Adoption — effective from 2017-09-07 to 09/07/2017

180-RICR-20-00-1 § 1.7 Gifts and Memorials

A.As specified in R.I. Gen. Laws § 30-24-6, the Director of Veterans Services is authorized to accept grants, donations, and bequests made to the State that may be in any way of benefit to Rhode Island veterans and their families eligible for services such as those provided for in this Rule.

B.Any monies received under these auspices shall be maintained by the Treasurer of the State of Rhode Island in a restricted account, and shall only be used for purposes of expanding, ensuring the continuation of, or enhancing the range of services in accordance with the provisions of R.I. Gen. Laws § 30-24-6.

History

Amendment — effective from 2025-12-31 to current
Periodic Refile — effective from 2022-01-04 to 12/31/2025
Amendment — effective from 2021-02-02 to 01/04/2022
Technical Revision — effective from 2017-09-07 to 02/21/2021
Technical Revision — effective from 2017-09-07 to 09/07/2017
Technical Revision — effective from 2017-09-07 to 09/07/2017
Adoption — effective from 2017-09-07 to 09/07/2017

Chapter 30 Administrative Procedures

Subchapter 00

180-RICR-30-00-1 Petition for Promulgation of Rules

180-RICR-30-00-1 § 1.1 Purpose

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.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-08-30 to 01/04/2022
Adoption — effective from 2017-08-30 to 08/30/2017

180-RICR-30-00-1 § 1.2 Authority

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

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-08-30 to 01/04/2022
Adoption — effective from 2017-08-30 to 08/30/2017

180-RICR-30-00-1 § 1.3 Definitions

A.The following definitions shall apply to this regulation:

1."Department" means Rhode Island Office of Veterans Services.

2."Petition" means a request for the Promulgation of a Rule.

3."Petitioner" means a person requesting the Promulgation of a Rule.

4."Promulgate", with respect to a Rule, means the process of writing a new Rule, or amending or repealing an existing Rule.

5."Rule" means the whole or a part of an agency statement of general applicability that implements, interprets, or prescribes law or policy or the organization, procedure, or practice requirements of an agency and has the force of law. The term includes the amendment or repeal of an existing rule. The term is used interchangeably with the term "regulation." The term does not include the exceptions listed in R.I. Gen. Laws § 42-35-1(19)(i)-(vi).

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-08-30 to 01/04/2022
Adoption — effective from 2017-08-30 to 08/30/2017

180-RICR-30-00-1 § 1.4 Request for the Promulgation of a Rule

A.A request to Promulgate a Rule must be in writing and include the following information:

1.The name and address of the Petitioner;

2.A plain statement identifying the rule or proposed new Rule at issue;

3.A detailed statement of all facts relied upon by the Petitioner;

4.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.

a.In the case of a request for the repeal of an existing Rule, the Petitioner shall identify the Rule by title and/or RICR citation.

b.In the case of a request for an amendment to an existing Rule, the Petitioner must identify with specificity any proposed additions, deletions, or other amendments. New proposed language must be clearly marked using underline formatting for proposed insertions, and strikethrough formatting for proposed deletions.

B.A request for the Promulgation of a Rule must be submitted to: RI Office of Veterans Services, 560 Jefferson Boulevard, Suite 206, Warwick, RI 02886.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-08-30 to 01/04/2022
Adoption — effective from 2017-08-30 to 08/30/2017

180-RICR-30-00-1 § 1.5 Consideration and Disposition of Request for the Promulgation of a Rule

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

B.The Department may, at its discretion and within the thirty (30) day period prescribed by statute:

1.Hold a hearing for further consideration and discussion on the Petition; or

2.Request further information or documents from the Petitioner necessary for the full evaluation of his or her Petition.

C.A Petitioner may appeal the Department's final disposition of the request for the Promulgation of a Rule as provided in R.I. Gen. Laws § 42-35-15.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-08-30 to 01/04/2022
Adoption — effective from 2017-08-30 to 08/30/2017

180-RICR-30-00-2 Declaratory Order Petitions

180-RICR-30-00-2 § 2.1 Purpose

This regulation states the requirements for submitting a request for Declaratory Order under R.I. Gen. Laws § 42-35-8(b), and the procedure for its consideration and prompt disposition.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-08-30 to 01/04/2022
Adoption — effective from 2017-08-30 to 08/30/2017

180-RICR-30-00-2 § 2.2 Authority

This regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws § 42-35-8.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-08-30 to 01/04/2022
Adoption — effective from 2017-08-30 to 08/30/2017

180-RICR-30-00-2 § 2.3 Definitions

A.The following definitions shall apply to this regulation:

1."Declaratory Order" means an order issued by the Department that:

a.Interprets or applies a statute administered by the Department;

b.Clarifies whether a rule, guidance document, or order issued by the Department applies to a Petitioner; or

c.Clarifies how a rule, guidance document, or order issued by the Department applies to a Petitioner.

2."Department" means Rhode Island Office of Veterans Services.

3."Petition" means a request for a Declaratory Order.

4."Petitioner" means a person requesting a Declaratory Order.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-08-30 to 01/04/2022
Adoption — effective from 2017-08-30 to 08/30/2017

180-RICR-30-00-2 § 2.4 Request for Declaratory Order: Form and Submission

A.A request for Declaratory Order must be in writing and include the following information:

1.The name and address of the Petitioner;

2.A plain statement identifying the statute, rule, guidance document, or order at issue;

3.A detailed statement of all facts relied upon by the Petitioner;

4.A copy of any and all documents relied upon by Petitioner that are not otherwise accessible to the Department; and

5.A plain statement requesting a Declaratory Order, and further indicating whether Petitioner seeks:

a.An interpretation or application of a statute administered by the Department;

b.Clarification as to whether a rule, guidance document, or order issued by the Department applies to Petitioner; and/or

c.Clarification as to how a rule, guidance document, or order issued by the Department applies to Petitioner.

B.A request for a Declaratory Order must be submitted to: RI Office of Veterans Services, 560 Jefferson Boulevard, Suite 206, Warwick, RI 02886.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-08-30 to 01/04/2022
Adoption — effective from 2017-08-30 to 08/30/2017

180-RICR-30-00-2 § 2.5 Consideration and Disposition of Request for Declaratory Order

A.The Department shall promptly consider and respond to the request for Declaratory Order as provided in R.I. Gen. Laws § 42-35-8(c).

1.Should the Department schedule the matter for further consideration, the Department shall notify Petitioner in writing of the anticipated date on which the Department will grant or deny the request for Declaratory Order.

B.The agency may, at its discretion:

1.Hold a hearing for further consideration and discussion on the Petition; or

2.Request further information or documents from the Petitioner necessary for the full evaluation of his or her petition.

C.A Petitioner may appeal the Department's final disposition of the request for Declaratory Order as provided in R.I. Gen. Laws § 42-35-15.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2017-08-30 to 01/04/2022
Adoption — effective from 2017-08-30 to 08/30/2017

180-RICR — The Office of Veterans Services

Chapter 10 Rhode Island Veterans' Home

Subchapter 00

180-RICR-10-00-2 Rhode Island Veterans Home: Administrative Procedures for the Billing and Collection of Maintenance Fees

180-RICR-10-00-2 § 2.1 Introduction

180-RICR-10-00-2 § 2.2 Domiciliary Care Program for Homeless Veterans (Veterans Transitional Supportive Program- VTSP)

180-RICR-10-00-2 § 2.3 Financial Statement

180-RICR-10-00-2 § 2.4 Gross Income Defined

180-RICR-10-00-2 § 2.5 Deductions from Gross Income

180-RICR-10-00-2 § 2.6 Verification of Data 2.6 Verification of Data {#sec-180-ricr-10-00-2-2.6-verification-of-data omnilex-key=us-ri-regs-official--title-180--180-RICR-10-00-2#2.6 Verification of Data}

180-RICR-10-00-2 § 2.7 Per Diem Cost 2.7 Per Diem Cost {#sec-180-ricr-10-00-2-2.7-per-diem-cost omnilex-key=us-ri-regs-official--title-180--180-RICR-10-00-2#2.7 Per Diem Cost}

180-RICR-10-00-2 § 2.8 Maintenance Fees 2.8 Maintenance Fees {#sec-180-ricr-10-00-2-2.8-maintenance-fees omnilex-key=us-ri-regs-official--title-180--180-RICR-10-00-2#2.8 Maintenance Fees}

180-RICR-10-00-2 § 2.9 Net Income 2.9 Net Income {#sec-180-ricr-10-00-2-2.9-net-income omnilex-key=us-ri-regs-official--title-180--180-RICR-10-00-2#2.9 Net Income}

180-RICR-10-00-2 § 2.10 Rights to Appeal 2.10 Rights to Appeal {#sec-180-ricr-10-00-2-2.10-rights-to-appeal omnilex-key=us-ri-regs-official--title-180--180-RICR-10-00-2#2.10 Rights to Appeal}

Chapter 20 RI Veterans' Memorial Cemetery

Subchapter 00

180-RICR-20-00-1 RI Veterans Memorial Cemetery

180-RICR-20-00-1 § 1.1 Purpose and Authority

180-RICR-20-00-1 § 1.2 Persons Eligible for Burial

180-RICR-20-00-1 § 1.3 Reservations and Special Gravesites

180-RICR-20-00-1 § 1.4 Policies for Arranging an Interment

180-RICR-20-00-1 § 1.5 General Procedures on Disinterments

180-RICR-20-00-1 § 1.6 General Cemetery Rules

180-RICR-20-00-1 § 1.7 Gifts and Memorials

Chapter 30 Administrative Procedures

Subchapter 00

180-RICR-30-00-1 Petition for Promulgation of Rules

180-RICR-30-00-1 § 1.1 Purpose

180-RICR-30-00-1 § 1.2 Authority

180-RICR-30-00-1 § 1.3 Definitions

180-RICR-30-00-1 § 1.4 Request for the Promulgation of a Rule

180-RICR-30-00-1 § 1.5 Consideration and Disposition of Request for the Promulgation of a Rule

180-RICR-30-00-2 Declaratory Order Petitions

180-RICR-30-00-2 § 2.1 Purpose

180-RICR-30-00-2 § 2.2 Authority

180-RICR-30-00-2 § 2.3 Definitions

180-RICR-30-00-2 § 2.4 Request for Declaratory Order: Form and Submission

180-RICR-30-00-2 § 2.5 Consideration and Disposition of Request for Declaratory Order

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