260-RICR — Department of Labor and Training

Chapter 10 General Management

Subchapter 00

260-RICR-10-00-4 Declaratory Rulings and Petitions

260-RICR-10-00-4 § 4.1 Authority

This regulation ("Regulation") is promulgated pursuant to the authority granted in R.I. Gen. Laws §§ 42-16.1-1 et seq., 42-35-6, and 42-35-8.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-22 to 01/04/2022

260-RICR-10-00-4 § 4.2 Definitions

A.When used in this Regulation, the following words shall have the following meaning:

1."Department" means the Department of Labor & Training.

2."Director" means the Director of the Department.

3."Filer" means the person(s) or entity which files a request for Declaratory Ruling or a Petition for Promulgation, Amendment or Repeal of any rule or regulation with the Department.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-22 to 01/04/2022

260-RICR-10-00-4 § 4.3 Declaratory Rulings

A.General. Pursuant to RI. Gen. Laws § 42-35-8, any interested person may petition the Department for a declaratory ruling. The Department shall consider the petition. Within a reasonable time the Department shall, in its sole discretion, take one of the following actions:

1.Issue a declaratory ruling; or

2.Solicit written argument from the filer and any other person(s) that the Department reasonably believes would be interested in the issues; or

3.Set a reasonable time and place for hearing argument upon the matter and give reasonable notification to the filer and any other person(s) that the Department reasonably believes would be interested in the issue(s) of the time and place for such hearing and of the issues involved.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-22 to 01/04/2022

260-RICR-10-00-4 § 4.4 Petitions for Promulgation, Amendment or Repeal of any Rule or Regulation

A.General. Pursuant to R.I. Gen. Laws § 42-35-6, any interested person may petition the Department requesting the promulgation, amendment or repeal of any rule or regulation. Where the petition requests the promulgation of a rule or regulation, the requested or proposed rule must be set out in full. The petition must also include all the reasons for the requested rule or regulation together with briefs of any applicable law. Where the petition requests the amendment or repeal of a rule or regulation presently in effect, the rule or regulation or the applicable portion thereof in question must be set out as well as a suggested amended form, if any. The petition must include all reasons for the requested amendment or repeal of the rule or regulation. All petitions shall be considered by the Department. Within a reasonable time the Department shall, in its sole discretion, take one the following actions:

1.Issue a declaratory ruling; or

2.Solicit written argument from the filer and any other person(s) that the Department reasonably believes would be interested in the issue(s). The Department will, thereafter, issue a declaratory based upon the written submissions; or

3.Set a reasonable time and place for hearing argument upon the matter and give reasonable notification to the filer and any other person(s) that the Department reasonably believes would be interested in the issues of the time and place for such hearing and of the issues involved.

4.If either §§ 4.4(A)(2) or (3) of this Part above is utilized, the Department shall within a reasonable time after receipt of written submission or after the hearing is held issue a binding declaratory ruling.

B.Form of Petition. Any interested person petitioning the Department requesting the promulgation, amendment or repeal of any rule or regulation shall generally adhere to the following form for such purpose:

1.Petitions may be submitted electronically or in hard copy.

2.At the top of the page shall appear the wording "Before the Department of Labor & Training." On the left side of the page below the foregoing, the following caption shall be set out: "In the Matter of the Petition of (name of petitioning party) for (state whether promulgation, amendment or repeal) of (identity rule or regulation)." Opposite the forgoing caption shall appear the word "Petition."

3.The body of the petition shall be set out in numbered paragraphs. The first paragraph shall state the name and address of the petitioning party and whether petitioner seeks the promulgation of a new rule(s) or regulation(s). The second paragraph, in case of a proposed new rule or regulation or amendment of an existing rule or regulation shall set forth the desired rule or regulation in its entirety. Where the petition is for amendment, the proposed amendments shall be set forth in a manner which clearly indicates the additions and deletions proposed. Where the petition is for repeal of an existing rule or regulation, such shall be stated and the rule or regulation proposed to be repealed shall be referred to by Department number. The third paragraph shall set forth concisely the reasons for the proposal of petitioner and shall contain a statement as to the interest of the petitioner in the subject matter of the rule or regulation. Additional numbered paragraphs may be used to give full explanation or petitioner's reasons for the action sought.

4.Petitions shall clearly identify the filer and/or his or her authorized representative and the date of submission of the petition.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-22 to 01/04/2022

260-RICR-10-00-5 Rules of Procedure for Administrative Hearings

260-RICR-10-00-5 § 5.1 Authority

This Regulation is promulgated pursuant to R.I. Gen. Laws §§ 42-16.1-1 et seq., 42-35-1 et seq., 42-92-1 et seq., and 28-14-1 et seq.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-22 to 01/04/2022

260-RICR-10-00-5 § 5.2 Purpose

A.These rules ("hereinafter, Rules” or “Regulations”) are adopted for the purpose of assisting in carrying out the functions, powers and duties assigned to the Department of Labor & Training (hereinafter, Department”), whether in effect prior to or subsequent to the adoption of these Rules.

B.These Rules shall govern the conduct of adjudicatory proceedings commenced before the Department after their effective date. These Rules shall be liberally construed to further the fair, prompt and orderly administration and determination of adjudicatory proceedings in conformity with the Rhode Island Administrative Procedures Act. To the extent that any part of these Rules are inconsistent with applicable law or the terms of any other rule or regulation promulgated by the Department, the applicable law and/or the terms of such other rule or regulation shall be deemed to apply.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-22 to 01/04/2022

260-RICR-10-00-5 § 5.3 Definitions

A.When used in these Rules, the following words, except as otherwise required by the context, shall have the following meaning:

1."Complaint" means a formal written allegation filed with the Department and assigned a case number by the Department

2.“Contested Case” means an adjudicatory proceeding before a Hearing Officer of the Department in which the legal rights, duties or privileges of a Party are determined.

3.“Department” means the Department of Labor & Training.

4.“Department Counsel” means the legal representative of the Department.

5.“Director” means the Director of the Department.

6.“Division” means a Division of the Department with the authority to perform the functions of the Department as designated by statute.

7.“Hearing Officer” means the individual(s) authorized by law or duly designated by the Director to conduct hearings, write decisions and make a final decision for the Department.

8.“Party” or “Parties” means each Person named or admitted as a Party, or properly seeking and entitled as of right to be admitted as a Party in a Contested Case.

9.“Person” means any individual, partnership, corporation, limited liability company, association, governmental subdivision, public or private organization or any other entity however formed.

10.“Just and Valid” means there exists a set of facts of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs which would induce a reasonably intelligent and prudent person to believe that a violation(s) of law, rule, or regulation has occurred.

11.“Respondent” means a Party who is the subject of a complaint and/or Department investigation pursuant to § 5.4 of this Part.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-22 to 01/04/2022

260-RICR-10-00-5 § 5.4 Complaints and Department Investigations

A.Complaints. A complaint may be made by any Person against any Employer or any Person who employs individuals in the course of their business. Such complaint shall be in writing, signed by the complainant and shall be required to be on a form provided by the Department. The Department or the applicable Division thereof shall make an initial determination whether or not the complaint is within the Department's jurisdiction. If no jurisdiction exists, the Department shall notify the complainant in writing. If jurisdiction exists, the Department shall conduct whatever investigation it deems appropriate, including forwarding a copy of the complaint to the Respondent.

B.Upon completion of its investigation, the Department shall take one (1) of the following actions:

1.If the Department determines that the complaint is not just and valid, the Department shall take no action on the complaint and shall advise the Complainant and Respondent in writing of its determination and that the complaint has been dismissed. The Department shall also advise the Parties that its decision may be appealed to the Department’s Adjudication Unit, within thirty (30) days of the date of the Department’s Decision. The Adjudication Unit will then schedule a hearing on the matter and subsequently issue a Final Department Determination.

2.If the Department determines that the complaint is just and valid, the Department shall take such action as it deems appropriate under applicable law and the rules and regulations adopted pursuant thereto. In cases where the Department determines the complaint is valid and the amount of wages due equals $1,000 or 10 days of wages, whichever is less, the Department will send written notice to both the complainant and respondent stating that the Department has determined that the allegation(s) contained in the complaint are just and valid and that the wages claimed are owed. The aggrieved party may appeal the Decision to the Department’s Adjudication Unit for a Final Department Determination.

C.Department Investigations. The Department on its own authority may initiate an investigation and take action against an Employer. All such actions shall be upon such terms and conditions as are permitted under applicable law and the rules and regulations adopted pursuant thereto. The Department’s actions include but are not limited to entering into settlements between all parties which shall be memorialized into a formal Settlement Agreements. The Settlement Agreements shall contain language establishing remedies for a party’s failure to fulfill its obligation(s) as outlined in the Settlement Agreement. Executed Settlement Agreements will result in the case being dismissed with prejudice by the Adjudication Unit.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-22 to 01/04/2022

260-RICR-10-00-5 § 5.5 Notice of Contested Case

A.Notice Required. The Department shall give notice (“Notice") to all Parties of the initiation of a Contested Case. The Notice shall be designed to order a hearing to all parties pursuant to R.I. Gen. Laws § 42-35-9. The Notice shall identify the specific law(s) that the complainant alleges has been violated. The notice shall also advise the Parties that they are required to take with them, to the hearing, any witnesses they intend on calling to testify and any supporting evidence with them to the Hearing.

B.The Notice shall advise the Employee that failure to attend the Hearing without the Hearing Officers prior consent will result in the dismissal of the complaint and advise the Employer that its failure to attend the Hearing, without the Hearing Officer’s prior consent, will result in the complainant’s allegations being confirmed.

C.The Notice shall also state that a request for a continuance is at the sole discretion of the Hearing Officer, which shall not be unreasonably denied, and that all requests for a continuance must be received by the Hearing Officer no later than seven (7) business days prior to the scheduled hearing.

D.Contents of Notice: The Notice shall comply with R.I. Gen. Laws § 42-35-9 (b).

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-22 to 01/04/2022

260-RICR-10-00-5 § 5.6 Prehearing Conferences

A.It is the policy of the Department to encourage the use of prehearing conferences as a means of making more effective use of hearing time and to otherwise aid in the disposition of the proceeding or the settlement thereof.

B. The Hearing Officer may, with reasonable written notice, require that all Parties attend a prehearing conference to consider the following:

1.the simplification, narrowing, and clarification of the issues;

2.the possibility of obtaining written stipulations, admissions, agreements with respect to the introduction of documents or similar agreements which will avoid unnecessary proof;

3.the identification of witnesses and the limitation of the number of witnesses;

4.the possibility of agreement disposing of all or any of the issues in dispute;

5.the consideration of outstanding motions;

6.the status of settlement negotiations, if any;

7.the use of pre-filed testimony, where appropriate;

8.any matters of discovery, including limitation of data requests, document requests, or other discovery or resolving disputes as to the scope of discovery;

9.scheduling of hearings; and

10.such other matters as may aid in the final disposition of the proceeding.

C.All Parties shall attend the prehearing conference fully prepared to discuss all matters related to the proceedings. Failure of any Party to attend the prehearing conference may constitute a waiver of all objections to any order or ruling issued as a result of the prehearing conference unless good cause is shown.

D.At the sole discretion of the Hearing Officer, the Parties may be permitted to waive the prehearing conference by filing with the Hearing Officer a stipulation prior to the prehearing conference that contains the following:

1.agreement to the issues in the matter,

2.an agreed to discovery schedule,

3.three (3) agreed to possible dates for a hearing, and

4.any other agreements as to matters contained in § 5.6(B) of this Part.

E.In the discretion of the Hearing Officer, with agreement of the parties, prehearing conferences, conference hearings, or status hearings may be held by telephone, electronically, or by any other means.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-22 to 01/04/2022

260-RICR-10-00-5 § 5.7 Representation

A.Appearances.

1.The Department shall notify each Party that each Party may retain legal counsel admitted in the State of Rhode Island. Said notification shall be set forth in the Department’s order appointing a Hearing Officer.

2.Individuals, and partners of partnerships, may appear pro se if they choose. Corporations may not appear pro se.

3.If a Party is not appearing pro se he, she, or it must be represented by a member in good standing of the Bar of the State of Rhode Island or by out of state attorneys admitted pro hac vice by the Superior Court or by the appropriate court unless exempted pursuant to R.I. Gen. Laws § 11-27-11.

4.All attorneys must conform to the standards of ethical conduct required of practitioners before the courts of the State of Rhode Island.

B.Appearances of Present and Former Employees of the Department.

1.No person who is currently an employee of the Department may appear before the Department on behalf of any Person or to represent any Person or act as an expert witness before the Department except in the performance of his/her official duties as an employee of the Department.

2.No person having been so employed may, within one (1) year after said employment has ceased, appear before the Department on behalf of any other Person, or to represent any Person or act as an expert witness before the Department.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-22 to 01/04/2022

260-RICR-10-00-5 § 5.8 Filing of Pleadings and Other Documents

A.Title. All pleadings and other documents filed with the Department in any Contested Case shall, whenever possible, state the file number, if any, the title of the proceeding and the name of the Person on whose behalf the filing is made.

B.Form and Size. All pleadings and other documents filed with the Department, except those documents which are kept in a smaller or larger format during the ordinary course of business, are to be submitted on 8½ by 11 inch paper. At the discretion of the Hearing Officer, filings may be made by tele-copier, facsimile, or by electronic mail or any other manner or means approved by the Hearing Officer. If filings are made electronically, the Party shall also file a hard copy of any such electronic filing. All documents must include, if applicable, the Rhode Island Bar number, address, telephone number, facsimile number and e-mail address of each attorney and pro se litigant. All papers shall be filed during Regular Business Hours. The Department's date stamp shall be presumptive of the actual date of filing.

C.Signature. The original copy of each pleading shall be signed and dated by the Party on whose behalf the pleading is made or by the Party's authorized representative. This signature shall constitute a certification that the individual has read the document, knows the contents thereof and to the best of his/her knowledge believes that such statements are true, that it is not interposed for delay and that if the pleading has been signed by an authorized representative, he/she has full power and authority to do so.

D.Construction. All pleadings shall be liberally construed and errors or defects therein which do not mislead or affect the substantial rights of the Parties involved may be disregarded.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-22 to 01/04/2022

260-RICR-10-00-5 § 5.9 Service

A.Service Upon Parties and Others. A copy of all pleadings and other documents filed in any proceeding governed by these Rules shall be served upon all other Parties.

B.Manner of Service. Unless otherwise ordered or authorized by the Hearing Officer, service under these Rules shall be made upon a Party or upon the Party's attorney, if an appearance has been entered, by first class mail postage prepaid, certified mail or hand delivery to his or her place of business, home address or other address supplied by the Party in the pleadings. Service upon persons who have not yet made an appearance shall be at the last address on file with the Department for any licensee. For non-licensees, service shall be at the last known address which the Department reasonably believes will result in actual delivery to the individual. Service by mail is complete upon mailing.

C.Certificate of Service. There shall accompany and be included in the original of each pleading filed with the Department a certificate of service showing service on all Parties.

D.Date of Certificate to Govern. In addition to the provisions of § 5.10(A) of this Part, the time for response to all pleadings shall commence as of the date of the certificate of service. However, if service is made by mail, then one (1) day shall be added to the prescribed period.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-22 to 01/04/2022

260-RICR-10-00-5 § 5.10 Time

A.Computation. Unless otherwise specifically provided by law, computation of any time period referred to in this Part shall begin with the first day following the act which initiates the running of the time period (including Saturday, Sunday and legal holidays). The last day of the time period so computed is to be included unless it is a Saturday, Sunday or legal holiday or any other day on which the Department is closed, in which case the period shall run until the end of Regular Business Hours of the next following business day.

B.Extensions of Time. It shall be within the discretion of the Hearing Officer, for good cause shown, to extend any time limit. All requests for extensions of time shall be made by written motion filed with the Hearing Officer before the expiration of the applicable time period unless waived by the Hearing Officer.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-22 to 01/04/2022

260-RICR-10-00-5 § 5.11 Motions

A.General. Any Party may request that the Hearing Officer enter any order or action not inconsistent with law or these Rules. The types of motions made shall be those which are permissible under these Rules and the Rhode Island Superior Court Rules of Civil Procedure (“Super. R. Civ. P.”).

B.Presentation/Objections to Motions. Motions may be made in writing at any time before or after the commencement of a prehearing conference or hearing, and/or they may be made orally during a prehearing conference or hearing. Each motion shall set forth and/or state the grounds for the desired order or action and state whether oral argument is requested. Within ten (10) days after a written motion is filed with the Hearing Officer and served on the opposing Party(ies), a Party opposing said motion must file a written objection to the granting of the motion, and shall, if desired, request oral argument. All written motions and objections shall be accompanied by a written memorandum specifying the legal and factual basis for the Party's position.

C.Action on Motion. The Hearing Officer shall, if he/she determines oral argument on the motion is warranted, give notice of the time and place for such argument. The Hearing Officer may rule on a motion without argument if the motion involves a matter as to which the presentation of testimony or oral argument would not advance the Hearing Officer's understanding of the issues involved or if disposition without argument would best serve the public interest. The Hearing Officer may act on a motion when all Parties have responded thereto, or the deadline for response has passed, whichever comes first.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-22 to 01/04/2022

260-RICR-10-00-5 § 5.12 Discovery

A.General. The Department favors prompt and complete disclosure and exchange of information and encourages informal arrangements among the Parties for this exchange. It is the Department's policy to encourage the timely use of discovery as a means toward effective presentations at hearing and avoidance of the use of cross-examination at hearing for discovery purposes.

B.Procedure. Any Party, by written request served upon all other Parties, may request the other Party to produce for inspection, copying or photocopying document, object or tangible thing which are relevant to the subject matter of the hearing

C.Hearing Delay. No hearing shall be continued to permit the completion of discovery unless due diligence is shown.

D.Discovery Schedule. At the discretion of the Hearing Officer, the discovery schedule shall be set at the prehearing conference. The Hearing Officer may amend such discovery schedule at the request of a party or on his or her own volition.

E.Written Discovery. Written discovery as set forth in Super. R. Civ. P. is allowed but may be limited by the Hearing Officer.

F.Types of Discovery. Any other types of discovery as set forth in Super. R. Civ. P. may be allowed in the discretion of the Hearing Officer.

G.Discovery Disputes. Objections to discovery requests shall be made pursuant to Super. R. Civ. P. If there is a dispute between the Parties relating to a Party’s failure to respond to discovery, the Party requesting the discovery shall comply with Super. R. Civ. P. 37(a)(2) prior to filing a Motion to Compel Discovery with the Hearing Officer.

H.A Party is not required to file discovery responses with the Hearing Officer unless otherwise ordered by the Hearing Officer.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-22 to 01/04/2022

260-RICR-10-00-5 § 5.13 Subpoenas

Upon application of any Party, subpoenas requiring the attendance and testimony of witnesses and to compel the production and examination of papers, books, accounts, documents, records, certificates and other evidence that may be necessary or proper for the determination and decision of any question before the Hearing Officer may be issued by the Director or his/her designee upon submission to the Hearing Officer. Except as may be otherwise provided by law, including, without limitation, the provisions of R.I. Gen. Laws § 42-14-11, in cases where a subpoena is not honored, the Director or his/her designee may elect to make application to the State of Rhode Island Superior Court for an order to show cause why the Person who failed to honor the subpoena shall not be held in contempt and for such further relief as may be appropriate. The Hearing Officer may, sua sponte, or on motion of any of the Parties or witnesses, issue such protective orders, grant such motions to quash and grant other motions as justice or fairness may require.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-22 to 01/04/2022

260-RICR-10-00-5 § 5.14 Evidence

A.Rules of Evidence. Irrelevant, immaterial or unduly repetitious evidence shall be excluded in all proceedings wherein evidence is taken. While the rules of evidence as applied in civil cases in the Superior Courts of this state shall be followed to the extent practicable, the Hearing Officer shall not be bound by the technical evidentiary rules. Evidence not otherwise admissible may be admitted, unless precluded by statute, when necessary to ascertain facts not reasonably susceptible of proof under the rules, if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The rules of privilege recognized by law shall apply. Objections to evidentiary offers may be made and shall be noted in the record.

B.Exhibits, Copies. In all cases wherein evidence is taken, exhibits may be introduced in the form of copies or excerpts, if the original is not readily available. Upon request, a Party shall be given an opportunity to compare the copy with the original.

C.Administrative Notice. In all proceedings wherein evidence is taken, notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the Department's specialized knowledge; but Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any report or data required by law or regulation to be filed with the Department, and they shall be afforded an opportunity to contest the material so noticed. The Hearing Officer's experience, technical competence and specialized knowledge may be utilized in the evaluation of the evidence. The burden is on the Party requesting the Hearing Officer's notice to produce the documents or other matter for the Hearing Officer's review.

D.Department Employees, Agents and Consultants. The Hearing Officer may employ the use of Department employees, agents and consultants to assist him/her in the evaluation of any evidence introduced at the hearing. In the Hearing Officer's discretion, he/she may allow the presence of these persons at the hearing.

E.Oath. All testimony shall be under oath or by affirmation.

F.Testimony. At the discretion of the Hearing Officer, an adverse inference may be drawn by an assertion by a witness or a Party of his/her Fifth Amendment rights under the U.S. Constitution.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-22 to 01/04/2022

260-RICR-10-00-5 § 5.15 Conduct of Hearings

A.General. Hearings shall be as informal as may be reasonable and appropriate under the circumstances. All Parties, witnesses and other Persons at a hearing shall conduct themselves in a manner consistent with the standards of decorum commonly observed in any courtroom. Where such decorum is not observed, the Hearing Officer may take appropriate action including ejectment or adjournment, if necessary.

B.Duties of Hearing Officer. The Hearing Officer shall conduct the hearing, make all decisions regarding admission or exclusion of evidence or any other procedural matters and either administer oaths to all witnesses or ask the stenographer to do so.

C.Order of Proceedings. Except as otherwise required by law, it shall be the usual practice that the Department or the complainant shall open. Where evidence is peculiarly within the knowledge of one Party, or in cases in which Contested Cases have been consolidated or where there are multiple Parties, the Hearing Officer may, in his/her discretion, direct who shall open and shall further designate the order of presentation.

D.Rights of Parties. Parties shall have the right to present evidence, cross-examine witnesses, object, make motions, and present arguments.

E.Record of Proceedings.

1.A complete record of the proceedings shall be recorded on audiotape, or at the discretion of the Hearing Officer, by stenographic record. In the event the Hearing Officer orders a stenographic record, the Hearing Officer shall declare which Party or Parties shall bear the cost thereof. Any Party may on his, her or its own initiative order a stenographic record made of the proceedings. The requesting Party shall incur all costs associated therewith. The Hearing Officer shall be provided, at no cost, with the original of the stenographic record and Department Counsel shall be provided with a copy at no cost. Any Party may request a copy of the audiotape record of the proceedings. The requesting Party shall bear the cost thereof.

2.If a Party chooses to appeal a final Department decision to Superior Court pursuant to R.I. Gen. Laws § 42-35-1 et seq. and the Superior Court requires a transcript of the hearing, said Party shall be responsible for having the transcript prepared by an independent person or company at his, her or its expense within twenty (20) days of filing the appeal.

F.Public Hearings. Except as required by law, all hearings are to be open to the public. In general, any Person who is not a Party to a proceeding may, in the discretion of the Hearing Officer, be permitted to make oral or submit written statements on any issues relevant to the proceeding.

G.Close of Proceedings. At the conclusion of the evidence, the Hearing Officer may, in his/her discretion, permit the Parties to argue orally and/or to submit written briefs. The Hearing Officer may, within his/her discretion, direct that proposed findings of fact and conclusions of law be submitted by the Parties. The record in the proceeding shall close after oral argument, the deadline for the filing of the briefs or upon such date as may be set by the Hearing Officer. No evidence shall be admitted thereafter, unless otherwise ordered by the Hearing Officer. The Hearing Officer may in any case require either Party, with appropriate notice to the other Party, to submit additional evidence in any matter relevant to the hearing.

H.Waiver of Hearing. In any proceeding, if the Parties agree to waive the hearing, the Hearing Officer may dispose of the matter upon the pleadings and other submittals of the Parties.

I.Dispositions. Unless otherwise precluded by law, disposition may be made of any Contested Case at any time by stipulation, settlement agreement, default or dismissal by the Hearing Officer. A joint request for a stay of the hearing for the purpose of preparing documents relevant to the above shall be forwarded to the Hearing Officer and may be granted within the sound discretion of the Hearing Officer.

J.Settlement Agreements. The Department may enter into a settlement agreement with a Party or Parties prior to a prehearing conference being held in an administrative proceeding. A settlement agreement is valid if signed by the Parties and a Department representative. The Parties and the Department may agree to the terms of a settlement agreement; provided however, such a settlement agreement must be approved by the Hearing Officer to be effective. Settlement agreements are considered public records pursuant to the Access to Public Records Act, R.I. Gen. Laws § 38-2-1 et seq.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-22 to 01/04/2022

260-RICR-10-00-5 § 5.16 Penalties

In determining the appropriate penalty to impose on a Party found to be in violation of a statute(s) or regulation(s), the Hearing Officer shall give due consideration to the size of the Employer’s business, the good faith of the Employer, the gravity of the violation, the history of prior violations, and the failure to comply with recordkeeping requirements.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-22 to 01/04/2022

260-RICR-10-00-5 § 5.17 Decisions

All decisions rendered by the Hearing Officer at the conclusion of a hearing shall be in writing and shall comply with the requirements of R.I. Gen. Laws § 42-35-12. The decision of the Hearing Officer shall be considered a final decision by the Department. The Decision and Order shall be delivered to all Parties with a notice indicating the right to take an appeal of the Decision and Order to the Superior Court pursuant to R.I. Gen. Laws § 42-35-15.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-22 to 01/04/2022

260-RICR-10-00-5 § 5.18 Judicial Review

Any Party aggrieved by a final written order of the Department may file a complaint with the Superior Court pursuant to R.I. Gen. Laws § 42-35-15. In the absence of a timely appeal, the order or decision of the Department shall become final and no further administrative appeal may be taken.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-22 to 01/04/2022

260-RICR-10-00-5 § 5.19 Default

If any Party to a proceeding fails to answer a complaint, plead, appear at a prehearing conference or hearing or otherwise fails to prosecute or defend an action as provided by these Rules, the Hearing Officer may enter a default judgment against the defaulting Party, take such action based on the pleadings and/or other evidence submitted by the non-defaulting Party as the Hearing Officer deems appropriate in his/her sole discretion or take such other action as the Hearing Officer deems appropriate in his/her sole discretion.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-22 to 01/04/2022

260-RICR-10-00-5 § 5.20 Disqualification; Incapacity of Hearing Officer

A.Disqualification. Any Party may make a motion to the Director requesting that he/she disqualify or remove the Hearing Officer from the proceeding. The motion shall be accompanied by an affidavit setting forth the reasons for the disqualification. In the event that the motion to disqualify is granted, the Director shall assign another Hearing Officer to the matter.

B.Incapacity. When the Hearing Officer becomes incapacitated or unavailable to complete a hearing and/or render a decision, the hearing shall be conducted and/or the decision shall be rendered by a substitute Hearing Officer appointed by the Director. If any party objects to the substitution, that party must prove prejudice by presentation of argument and evidence to the substitute Hearing Officer. If the substitute Hearing Officer finds that the objecting party will be prejudiced, the substitute Hearing Officer will issue an Order making such findings and will hear the matter de novo.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-22 to 01/04/2022

260-RICR-10-00-5 § 5.21 Miscellaneous

A.Intervention. Any Person claiming a right to intervene or an interest of such a nature that intervention is necessary or appropriate to the administration of the statute under which the proceeding is brought may seek to intervene in any proceeding. Intervention may be initiated by filing a motion to intervene with the Hearing Officer. The motion shall set out clearly and concisely the facts from which the nature of the movant's alleged right of interest can be determined, the grounds for the proposed intervention and the position of the movant in the proceeding.

B.Ex Parte Consultations. No Person who is a Party to or a participant in any proceeding before the Department or the Party's counsel, employee, agent or any other individual acting on the Party's behalf, shall communicate ex parte with the Hearing Officer about any matter related to the proceeding, and the Hearing Officer shall not request or entertain any such ex parte communications. The prohibitions contained above do not apply to those communications which relate solely to general matters of procedure and scheduling.

C.Consolidation. The Hearing Officer may, in his/her discretion, consolidate or combine several matters for purposes of hearing or other proceedings, when he/she finds that sufficient common issues of fact or law or both are involved.

D.Plural. Words in the singular number include the plural, and vice-versa, except where the context otherwise requires or where a contrary result appears from necessary implication.

E.Statutes. If any statute has different requirements than those contained within this Regulation, the statute shall be controlling.

F.Public Documents. The Department reserves the right to publish in any form any public document.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-22 to 01/04/2022

260-RICR-10-00-5 § 5.22 Settlement Agreements

A.Settlement Agreements. At any time after the opening of the prehearing conference and prior to the close of the record of a Departmental hearing, the Parties may attempt to dispose of the matter by entering into a settlement agreement as provided in § 5.15(J) of this Part. Every settlement agreement shall contain, at a minimum, an admission of all jurisdictional facts and express waivers of further procedural steps before the Hearing Officer, including the right to appeal. Upon receiving a settlement agreement, the Hearing Officer may:

1.Accept the settlement agreement and enter an Order reflecting the terms and conditions of the Settlement Agreement.

2.Reject the settlement agreement and state the reasons therefore in writing and take such other appropriate administrative action.

a.In the event that the Hearing Officer rejects the settlement agreement, either Party may appeal the rejection directly to the Director. Such appeal shall be in writing and shall be filed with the Director no later than seven (7) days after the date the Hearing Officer notifies the Parties, in writing, of the rejection of the settlement agreement. Upon receipt of an appeal, the Director shall take whatever action he/she deems appropriate. Should the Director confirm the Hearing Officer's decision to reject the settlement agreement, such rejection shall be deemed an interim order of the Director and not a final order and the matter shall continue through the administrative hearing process. Nothing herein shall prevent the Parties from subsequently entering into and presenting to the Hearing Officer for consideration a new settlement agreement.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-22 to 01/04/2022

260-RICR-10-00-5 § 5.23 Public Information

A.Access to public records shall be governed in accordance with R.I. Gen. Laws § 38-2-1 et seq. All hearings are conducted pursuant to the Administrative Procedures Act, R.I. Gen. Laws § 42-35-1 et seq. Except where the Hearing Officer directs otherwise, or when the documents in question are governed by R.I. Gen. Laws § 27-13.1–5(f), upon the opening of the prehearing conference all pleadings, orders, communications, exhibits and other documents filed with the Hearing Officer shall become public records. Any claim of privilege shall be governed by the policy underlying the Access to Public Records Act, with the burden of proof resting on the party claiming the privilege.

B.Any Party may request a preliminary finding that some or all of the information is not a public document under the Access to Public Records Act. A preliminary finding that some documents are privileged shall not preclude the Department from later determining that those documents are public in accordance with R.I. Gen. Laws § 38-2-1 et seq.

C.Claims of privilege shall be made by filing a written request with the Department. One copy of the original documents, boldly indicating on the front page, “Contains Privileged Information – Do Not Release,” shall be filed specifically identifying the information for which the privilege is sought, along with a description of the grounds upon which the Party is claiming a privilege. If a document is filed electronically, it shall contain a statement that the information has been redacted; however, the original document must be filed as delineated above.

D.The Department shall retain the documents for which privilege is asserted to exist in a secure, non-public file until a determination is made as to whether to grant the request for privileged treatment.

E.Any person, whether or not a Party, may apply to the Department for release of the information, pursuant to R.I. Gen. Laws § 38-2-1 et seq., the Access to Public Records Act. Such requests shall be governed by R.I. Gen. Laws § 38-2-1 et seq. and any regulations thereunder.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-22 to 01/04/2022

260-RICR-10-00-5 § 5.24 Severability

If any Section, term, or provision of this Regulation should be adjudged invalid for any reason, that judgment should not effect, impair, or invalidate any remaining section, term, or provision, which shall remain in full force and effect.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-10-22 to 01/04/2022

260-RICR-10-00-6 Conduct of Public Hearings

260-RICR-10-00-6 § 6.1 Purpose

To establish a defined set of procedures for the Department of Labor and Training for the conduct of Public Hearings regarding Proposed Rulemaking.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-11-30 to 01/04/2022

260-RICR-10-00-6 § 6.2 Authority

This regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws § 42-35-2(a)(4).

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-11-30 to 01/04/2022

260-RICR-10-00-6 § 6.3 Definitions

A.For the Purpose of this regulation:

1."Department" means the Department of Labor and Training.

2."Member of the Public" means any individual, firm, business, corporation, association, partnership, or other group.

3."Presiding Department Official" means the Department of Labor and Training employee conducting the Public Hearing.

4."Public Hearing" means the convening of Members of the Public and agency personnel for the purpose of obtaining public comment on a Proposed Rulemaking.

5."Proposed Rulemaking" means a proposed new rule, proposed amendment to a rule or proposed repeal of a rule as noticed pursuant to R.I. Gen. Laws § 42-35-2.7.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-11-30 to 01/04/2022

260-RICR-10-00-6 § 6.4 Procedure for Conduct of Public Hearings

A.Convening of Public Hearing

1.Public Hearings may be held at the election of the agency or as required pursuant to R.I. Gen. Laws § 42-35-2.8(c).

2.Notice of Public Hearings shall be issued in accordance with the provisions of R.I. Gen. Laws §§ 42-35-2.8 and 42-46-6, when applicable.

3.The Public Hearing shall be held at a time and place designated by the Department.

B.Transcription

1.The Public Hearing shall be transcribed by a stenographer or audio recorded.

2.For Public Hearings, any official transcript, recording, or memorandum summarizing presentations prepared by an agency official shall be made part of the rulemaking record in accordance with R.I. Gen. Laws § 42-35-2.3(b)(5).

C.Testimony

1.Oral Testimony

a.Members of the public may make oral testimony during the meeting.

b.Members of the public who wish to make oral testimony during the meeting must put their name on the speaker list.

c.Members of the public will be called to testify in the order which their names appear on the speaker list.

2.Written Testimony

a.Written testimony must be submitted via fax at 401-462-8884 or by hand delivery or regular mail to Office of Legal Counsel, Department of Labor and Training, 1511 Pontiac Avenue, Cranston.

D.Disruptive Conduct

1.Members of the Public attending the Public Hearing shall not cause disruptions, including, but not limited to: screaming, loud noises, and disorderly gesticulations, which interrupt or distract from the testimony of other Members of the Public or from the ability of the Presiding Department Official to conduct the Public Hearing.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-11-30 to 01/04/2022

Chapter 30 Workforce Regulation and Safety

Subchapter 05 Labor Standards

260-RICR-30-05-1 Mediation for Labor-Management Issues

260-RICR-30-05-1 § 1.1 Authority

This regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws §§ 28-9.3-9, 28-9.4-10, and 36-11-7.1.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-04-19 to 01/04/2022
• Periodic Refile — effective from 2002-01-04 to 04/19/2018

260-RICR-30-05-1 § 1.2 Demand for Compulsory Mediation

A.In the event that after exercising their rights and fulfilling their duties the collective bargaining representative of the employees and the employer are:

1.Unable within the time limitations as provided by the applicable statute to reach an agreement on a contract; and,

2.Have been unable to resolve all outstanding issues by means of voluntary mediation; and,

3.Have not made a timely demand for arbitration as provided by the applicable statute

B.A written demand for compulsory mediation of all unresolved issues shall be served upon the director, by certified mail, on or before the day specified in the applicable statute.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-04-19 to 01/04/2022
• Periodic Refile — effective from 2002-01-04 to 04/19/2018

260-RICR-30-05-1 § 1.3 Extension of Time

The director may extend the period for submitting the demand for compulsory mediation upon the mutual consent of both parties; however, in no event may such period extend beyond the tenth (10th) day prior to the expiration of the existing contract. Extensions of time for compulsory mediation in school teacher disputes under R.I. Gen. Laws Chapter 28-9.3 may not extend beyond the tenth (10th) day prior to the scheduled close of school in June of the last year of the contract in effect.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-04-19 to 01/04/2022
• Periodic Refile — effective from 2002-01-04 to 04/19/2018

260-RICR-30-05-1 § 1.4 Appointment of Mediators

A.Upon receipt of the demand for compulsory mediation, the director shall establish a panel of persons knowledgeable and experienced in labor-management relations to serve as mediators within twenty-four (24) hours of receipt of the demand for compulsory mediation;

B.A mediator shall be selected by mutual agreement from said panel; however, if the parties are unable to mutually agree upon a mediator, the parties shall give notice of their inability to agree and the director shall appoint a mediator from said panel within twenty-four (24) hours of receipt of said notice.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-04-19 to 01/04/2022
• Periodic Refile — effective from 2002-01-04 to 04/19/2018

260-RICR-30-05-1 § 1.5 Compulsory Attendance

The mediator shall have the authority to compel the attendance of the collective bargaining representatives of the parties to all meetings until all issues are resolved.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-04-19 to 01/04/2022
• Periodic Refile — effective from 2002-01-04 to 04/19/2018

260-RICR-30-05-1 § 1.6 Procedure

A.Proceedings before the mediator shall be informal. A stenographic or taped record is permitted upon the consent of both parties. The mediator's notes shall be confidential and the privileged information of the mediator;

B.The location of the mediation conference shall be agreed upon by the parties; however, if the parties are unable to agree upon a location, it shall be selected by the mediator with preference given to locations available at no cost. In the event a cost is associated with the use of any location, payment shall be made equally by the parties;

C.The mediator shall conduct the mediation conference according to generally accepted methods and techniques associated with mediation, including the engagement of separate caucuses;

D.If the parties are unable to resolve all issues during and in the course of the mediation conference, the mediator shall render to the parties a verbal advisory opinion with respect to said issues;

E.If any unresolved issues remain irreconcilable as between the parties after a full and fair mediation process, the matter may proceed to arbitration pursuant to R.I. Gen. Laws Chapter 28-9.3.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-04-19 to 01/04/2022
• Periodic Refile — effective from 2002-01-04 to 04/19/2018

260-RICR-30-05-1 § 1.7 Duties of the Parties

It shall be the duty of the parties to meet all deadlines as hereinbefore provided, and to participate diligently, conscientiously and in good faith while exercising reasonable judgment in resolving the dispute.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-04-19 to 01/04/2022
• Periodic Refile — effective from 2002-01-04 to 04/19/2018

260-RICR-30-05-1 § 1.8 Mediation Fees

The mediators shall be permitted to charge either on the basis of a per diem fee, or an hourly fee for services, and said amounts shall be subject to approval of the director and stated in the list of mediators when issued to parties pursuant to § 1.4(A) of this Part.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-04-19 to 01/04/2022
• Periodic Refile — effective from 2002-01-04 to 04/19/2018

260-RICR-30-05-2 Payment of Wages, Employer Exemptions from Weekly Pay, and Exemptions for Work on Holidays and Sundays

260-RICR-30-05-2 § 2.1 Authority

A.R.I. Gen. Laws § 28-14-19 authorizes the Director of the Department of Labor and Training to ensure compliance with R.I. Gen. Laws Chapters 28-14 and 28-12. The Department is authorized to investigate any violations, institute actions for the collection of wages and institute action for penalties or other relief as provided for within and pursuant to those Chapters, and hold hearings.

B.R.I. Gen. Laws Chapter 28-12 entitled "Minimum Wages" authorizes the Director to promulgate Regulations to define and delimit the employees designated in R.I. Gen. Laws § 28-12-4.3 titled "Exemptions."

C.R.I. Gen. Laws § 25-3-6 authorizes the Director to promulgate any Regulation necessary for the implementation of R.I. Gen. Laws Chapter 25-3 titled "Work on Holidays and Sundays."

History

• Amendment — effective from 2025-08-17 to current
• Periodic Refile — effective from 2022-01-04 to 08/17/2025
• Amendment — effective from 2020-12-30 to 01/04/2022
• Adoption — effective from 2018-11-27 to 12/30/2020

260-RICR-30-05-2 § 2.2 Incorporated Materials

These Regulations hereby adopt and incorporate 29 C.F.R. §§ 541.1, 541.2 and 541.3 (2004) 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 2025-08-17 to current
• Periodic Refile — effective from 2022-01-04 to 08/17/2025
• Amendment — effective from 2020-12-30 to 01/04/2022
• Adoption — effective from 2018-11-27 to 12/30/2020

260-RICR-30-05-2 § 2.3 Definitions

A.“Department” means the Department of Labor and Training.

B.“Director” means the Director of the Department of Labor and Training.

C.“Retail business” for the purpose of calculating overtime pay as cited in R.I.G.L. § 28-12-4.1 means an establishment engaged primarily in the sale of goods or services directly to the general public. It operates at the end of the distribution chain, selling in small quantities to the ultimate consumer in a manner consistent with other consumer goods and services. A retail business does not engage primarily in resale, wholesale transactions, or manufacturing but instead provides products or services recognized as retail within the particular industry. This definition includes direct-to-consumer sales and aligns with the Merriam-Webster definition of retail as "to sell small quantities directly to the ultimate consumer." Excluded from this definition are businesses that primarily prepare and sell food for immediate consumption, as well as wholesale operations that serve other businesses rather than individual consumers.

History

• Amendment — effective from 2025-08-17 to current
• Periodic Refile — effective from 2022-01-04 to 08/17/2025
• Amendment — effective from 2020-12-30 to 01/04/2022
• Adoption — effective from 2018-11-27 to 12/30/2020

260-RICR-30-05-2 § 2.4 Payment of Wages

2.4.1Purpose

The purpose of § 2.4 of this Part is to regulate the requirements and methods of payment employers must comply with and use in recompensing employees for all hours worked.

2.4.2Exemptions

A.If an employee works both in an activity which is exempt from the payment of wages at time and one half (1/2) and in work for which wages at time and one half (1/2) are mandated by law pursuant to R.I. Gen. Laws Chapter 25-3, then the employer shall pay wages at time and one half (1/2) for the total hours worked by that employee in both activities, unless all hours for each activity are separately stated by the employer.

B.If an employee works for an employer, doing more than one (1) task, or at a location different from his regular place of employment, whether owned by the employer or in which the employer shares a common ownership, all hours worked by that employee shall be recompensed at time and one half (1/2).

C.Department hereby adopts the definition and delimiting of the terms "Any employee employed in a bona fide executive, administrative or professional capacity," incorporated above at § 2.2 of this Part in order to define employees who are exempt from minimum wage and overtime requirements.

D.If an employee is prevented from working a normal shift by reason of events beyond the control of the employer or by "Acts of God" so-called, then such employee shall not be entitled to three (3) hours minimum wages under R.I. Gen. Laws § 28-12-3.2.

E.If an employee is required by an employer to attend a seminar, conference, training session or other such meeting, which is job-related, then the time spent by the employee in so attending shall be considered and recompensed as work time, even if it occurs outside of the employee's usual work time.

F.If an employer requires an employee to report to work at any of the employer's places of business and then to travel to another location in order to commence the employee's normal work shift, then the time spent in so traveling shall be considered and recompensed as work time.

History

• Amendment — effective from 2025-08-17 to current
• Periodic Refile — effective from 2022-01-04 to 08/17/2025
• Amendment — effective from 2020-12-30 to 01/04/2022
• Adoption — effective from 2018-11-27 to 12/30/2020

260-RICR-30-05-2 § 2.5 Employer Exemptions from Weekly Pay Requirements

2.5.1Purpose

The purpose of § 2.5 of this Part is to set forth procedures for employers to follow in order to obtain employer exemptions from the weekly pay requirements set forth in R.I. Gen. Laws § 28-14-2.2.

2.5.2 Petitions

A.Any employer that has an average payroll that exceeds two hundred percent (200%) of the State minimum wage as defined in R.I. Gen. Laws § 28-12-3 may petition the Director to pay wages less than weekly to demonstrate that the employer meets the requirements set forth in R.I. Gen. Laws §§ 28-14-2.2(b)(1) through (3). For purposes of these Regulations, “other sufficient demonstration of security” shall mean a letter of credit from a financial institution.

B.Any employer whose average payroll is less than two hundred percent (200%) of the State minimum wage as defined in R.I. Gen. Laws § 28-13-3 and demonstrates good cause may petition the Director to pay wages less than weekly to demonstrate that the employer meets the requirements set forth in R.I. Gen. Laws §§ 28-14-2.2(c)(1) through (5).

C.Any employer who petitions the Director under either §§ 2.5.2(A) or (B) of this Part above, must submit:

1.A completed, signed and notarized application along with the requested supporting documentation

a.The application may be accessed through the Department’s website.

b.All applications shall contain original signatures.

(1)By signing the application, the employer agrees to continued compliance with the requirements of R.I. Gen. Laws § 28-14-2.2 and this Part.

(2)Employer shall have the burden of notifying the Department, in writing within thirty (30) days, if circumstances supporting approval no longer apply.

D.Upon receipt of the above-referenced application, the Director shall either grant the petition, deny the petition, or request additional information.

1.If the Director approves the petition, the employer must notify the affected employees subject to the petition of the pay change fourteen (14) calendar days in advance of the pay change.

E.Permission to pay less than weekly shall not be valid until the employer receives written approval from the Department.

F.Affidavit of Continued Compliance

1.Every four (4) years from the original date of approval to pay less than weekly, each employer must sign and submit an Affidavit of Continued Compliance.

2.The Affidavit of Continued Compliance will be available on the Department’s website and must be notarized.

3.An employer’s permission to pay less than weekly is valid for an indefinite period of time, unless the employer is deemed to not be in continued compliance pursuant to R.I. Gen. Laws § 28-14-2.2 and is specifically notified by the Department, in writing, of its noncompliance.

a.The Department shall notify an employer sixty (60) days prior to submittal date of its obligation to submit the Affidavit of Continued Compliance.

G.Surety Bond or "Other Sufficient Demonstration of Security"

1.“Other sufficient demonstration of security” means a letter of credit from a financial institution.

2.The obligation to obtain a surety bond or “other sufficient demonstration of security” within R.I. Gen. Laws § 28-14-2.2 and this Part is perpetual in nature and must be maintained and satisfied for the duration of the exemption from the weekly pay requirement.

2.5.3Appeals

A.An employer, whose initial application for exemption has been denied or who has been found to not be in continued compliance, may, within ten (10) days from the date of the Director’s notice, request an appeal hearing before the Director or the Director’s designee.

B.All appeals of final administrative determinations hereunder shall be subject to the Administrative Procedures Act, R.I. Gen. Laws § 42-35-15.

2.5.4Violations

Any employer found in violation of R.I. Gen. Laws § 28-14-2.2 and/or this Part shall, after notice and hearing, be subject to rescission of the employer’s exemption from the weekly pay requirement for a period of one (1) year from the date of final administrative determination. Subsequent violations shall be subject to rescission for a period of two (2) years from the date of final administrative determination.

History

• Amendment — effective from 2025-08-17 to current
• Periodic Refile — effective from 2022-01-04 to 08/17/2025
• Amendment — effective from 2020-12-30 to 01/04/2022
• Adoption — effective from 2018-11-27 to 12/30/2020

260-RICR-30-05-2 § 2.6 Premium Pay Exemptions for Work on Holidays and Sundays

2.6.1Purpose

The purpose of § 2.6 of this Part is to identify classes of employers, either because of the nature of their operations or their size, that are exempt from the requirement that work performed by employees on Sundays and holidays must be paid for at least one and one half (1 1/2) times the normal rate of pay for the work performed.

2.6.2Collective Bargaining Agreements

When applicable, if a collective bargaining agreement provides for the payment of any premium wage on Sundays or holidays to certain employees who are otherwise exempted by these Rules from receiving premium wages on Sundays or holidays, the employer shall pay the premium wage as required by the collective bargaining agreement.

2.6.3Exempt Classes of Employers

A.The following classes of employers are exempt from paying employees Sunday and holiday premium pay:

1.Manufactures of monoclonal antibodies using mammalian cells requiring continuous operations and maintenance for the production of such monoclonal antibodies when those employees work directly on the production, maintenance and quality control testing of monoclonal antibodies using mammalian cells.

2.Fueling operators at Rhode Island Airport Corporation airports providing operation, quality assurance and maintenance services for the storage, receipt and distribution of aviation fuels and other related airline industry fuels and fluids, such as Glycol de-icing fluids.

a.This exemption is limited to employees who provide oversight of daily fueling procedures, performance of quality checks, fuel related record keeping, direct receipt and testing of fuels, fuel inventory functions, environmental functions or dispersal services for commercial aviation fuel or related fuels and fluids or provide mandatory maintenance in line with Federal Aviation Administration (FAA) or Rhode Island Airport Authority protocols concerning aviation industry fuels and fluids or related fuels and fluids.

3.Employers of Federally Certified Maintenance Technicians that repair or inspect aircraft and specific ground service equipment at T.F. Green Airport, and who are certified by the Federal Aviation Administration.

4.Motorist service facilities located on, or approximate to, major interstate highways that operate twenty-four (24) hours a day, seven (7) days a week and provide gasoline and/or diesel fuel sales and vehicle servicing in combination with restaurant operations, convenience stores, or other travel amenities.

5.All churches and other houses of worship for employees whose work is performed on the day of worship, during the worship service, and that work is solely related to the operation of conducting religious worship services.

a.The exemption from premium pay shall be limited to and applicable to work that is performed on the day of worship, during the worship service, and that work is solely related to the operation of conducting religious worship services.

(1)Such employment positions include, but are not limited to: choir directors who direct the choir during worship services, worship technologists who manage and operate light, sound, and audio-visual systems during worship services, youth directors who provide youth supervision and youth programs during religious services, and building and custodian maintenance staff who maintain the facilities during worship services.

6.All non-profit educational institutions of higher education located within Rhode Island, and other educational institutions that operate twenty-four (24) hours a day, seven (7) days a week and provide housing and food service.

7.Private security guard businesses licensed under R.I. Gen. Laws § 5-5.1-1 et seq.

8.All employers that provide a twenty-four (24) hour, seven (7) day a week telephonic call center or internet based dispatch system that motorists use to obtain motor-vehicle roadside assistance services are exempt for employment positions in the call center, or that provide ancillary services related to the call center operations, including, without limitation, emergency roadside service technicians or tow truck drivers.

a.Motor-vehicle roadside assistance services include aiding stranded motorists by transporting them to a position of safety, safely removing disabled vehicles from the road, or providing emergency repair services, such as, without limitation, fuel delivery, lockout, extrication, winching, tire change, battery boost, or all other services provided to place a disabled vehicle back into driving condition.

9.Employers of rescues, shelters and kennels who own, operate, or maintain facilities under R.I. Gen. Laws Chapter 4-19 that house or contain animals twenty-four (24) hours, seven (7) days a week.

History

• Amendment — effective from 2025-08-17 to current
• Periodic Refile — effective from 2022-01-04 to 08/17/2025
• Amendment — effective from 2020-12-30 to 01/04/2022
• Adoption — effective from 2018-11-27 to 12/30/2020

260-RICR-30-05-3 Industrial Homework

260-RICR-30-05-3 § 3.1 Authority

This Part is promulgated pursuant to R.I. Gen. Laws § 28-18-6.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-08 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 11/08/2018

260-RICR-30-05-3 § 3.2 Purpose

The purpose of this Part is to regulate the uncontrolled continuance of industrial homework where wages are notoriously low and working conditions endanger the health of the worker, the protection of factory industries, which must operate in competition with homework and of the workers employed in homeworking and of the public interest of the community at large in their health and well-being.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-08 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 11/08/2018

260-RICR-30-05-3 § 3.3 Definitions

A.Whenever used in this Part, the following terms shall be construed as follows:

1. "Contract or job shop" means a business operated to process goods owned by another.

2."Director of Labor" means director of the Rhode Island Department of Labor.

3. "Jewelry and allied industries" means

a. the manufacture of jewelry and related articles of whatever material composed, commonly or commercially so known, and articles of ornament or adornment, except clothing, of whatever material composed, intended or designed to be worn on apparel or carried or worn on or about the person, and shall include parts of these articles.

b.Without limiting the generality of the foregoing, the term jewelry shall expressly include the following: rings; bracelets; necklaces; earrings; brooches; bar pins; compacts and vanity cases; cigarette cases and lighters; buckles and ornaments for millinery, dresses, bags and shoes; buttons of a jewelry nature; ornamental handbag frames and clasps; religious medals; religious articles of a jewelry nature; rosary beads; insignia jewelry and medals, including those for clubs, fraternities, schools, colleges and other organizations; artificial pearls; beads of every material; watch bracelets and wrist watch attachment; collar buttons; men's jewelry; mechanical pens and pencils of ornamental design; watch cases; novelties of a jewelry nature of whatever material made; the products of all processes (whether in manufacturing plants, or in job shops, so called) which serve the jewelry industry, expressly including processing on which are employed bobbers, buffers, polishers, platers, engine turners, engravers, stonesetters, lacquerers, enamelers or solderers; the products of refiners and all other manufacturers, the major part of whose work is for the jewelry industry; and the products of manufacturers of flat stock, sheet, wire, tubing, chain and metal, findings for the jewelry industry.

4."Jewelry homework" means the jewelry processing in a home, including the home of the employer in whole or in part, of material furnished by an employer of any article or articles to be returned to the employer.

5. "Occupations" means all occupations which have any part in the making, processing or production of jewelry, as the term is used herein, including tool making and hub and die cutting, and including the operations of carding, boxing and other preparations for shipment or sale and including office workers and errand boys.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-08 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 11/08/2018

260-RICR-30-05-3 § 3.4 Homework

Jewelry homework is hereby prohibited.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-08 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 11/08/2018

260-RICR-30-05-3 § 3.5 Registration

All contract or job shops herein servicing the jewelry and allied industries, as defined, shall register with the Rhode Island Department of Labor and Training by October 1st of each year.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-08 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 11/08/2018

260-RICR-30-05-3 § 3.6 Requirements

A.All contract shops must meet the standards for industrial operation as may be established by federal statutes, the laws of this state and the ordinances of its political subdivisions. In addition such contract shop shall supply adequate light, heat, ventilation and toilet facilities.

B.Where zoning laws permit, a contract shop may be located in any building that does not have an entrance or other means of access to a house or other structure used as a residence. Access to the contract shop must be gained only by a separate entrance.

C.The operator of a contract shop must notify the Director of Labor within five business days of a change of location of the contract shop, and obtain another permit for the new location.

D.All duly registered contract shops must post the current permit in a conspicuous place where it may readily be viewed during an inspection of the premises by a duly authorized representative of the Director of Labor.

E.All suppliers of goods to contract shops are subject to all provisions of R.I. Gen. Laws Chapter 28-18.

F.All suppliers' invoices for contracted work shall bear the permit number of the contract shop.

G.Failure to adhere to any of the above regulations may result in denial or revocation of a permit.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-08 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 11/08/2018

260-RICR-30-05-4 Health Care Facilities Staffing

260-RICR-30-05-4 § 4.1 Authority

These rules and regulations are promulgated pursuant to R.I. Gen. Laws § 23-17.20-4.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Adoption — effective from 2008-09-14 to 07/30/2018

260-RICR-30-05-4 § 4.2 Mandatory overtime; scope and general purpose.

The procedures set forth in this regulation apply to all public, private or state hospitals in accordance with R.I. Gen. Laws § 23-17.20-1 et seq. The rules set forth the standards and procedures governing the use by hospitals of required overtime by hourly nurses and certified nurse assistants involved in direct patient care activities or clinical services in health care facilities.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Adoption — effective from 2008-09-14 to 07/30/2018

260-RICR-30-05-4 § 4.3 Applicability

A.The rules in this regulation do not apply to the following:

1.Resident Physicians;

2.Volunteers;

3.Employees who volunteer to work overtime;

4.Certified Nurse anesthetists

5.Salaried employees

6.Pre-scheduled surgical employees working “on-call time”

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Adoption — effective from 2008-09-14 to 07/30/2018

260-RICR-30-05-4 § 4.4 Definitions

A.As used in this Regulation, the following words and terms shall have the following meanings:

1.“Chronic short staffing” means a situation characterized by long standing vacancies in that portion of the facility's master staffing plan applicable to the work unit of an employee who files a complaint where such vacancies are the result of open positions that continually remain unfilled over a period of 180 days or more despite active recruitment efforts.

2. “Director” means the Director of the Department of Labor and Training.

3.“Department” means the Rhode Island Department of Labor and Training

4.“Employee” means an individual employed by a health care facility as a nurse licensed pursuant to R.I. Gen. Laws § 23-5-34 or a certified nurse assistant registered pursuant to R.I. Gen. Laws Chapter 23-17.9;

5.“Employer” means a person, partnership, association, corporation or person or group of persons acting directly or indirectly in the interest of a health care facility;

6.“Health care facility” means any private, public or state hospital;

7.“On-call time” means time spent by an employee who is not currently working on the premises of the place of employment, but who is compensated for availability, or as a condition of employment has agreed to be available, to return to the premises of the place of employment on short notice if the need arises;

8.“Reasonable efforts” means that the employer shall:

a.Seek persons who volunteer to work extra time from all available qualified staff who are working at the time of the unforeseeable emergent circumstance;

b.Contact all qualified employees who have made themselves available to work extra time;

c.Seek the use of qualified per diem staff;

9. “Unforeseeable emergent circumstance” means an unpredictable or unavoidable occurrence relating to health care delivery that requires immediate action, and which shall include a major power outage, a public health emergency, an irregular increase in patient census, or an irregular increase in the number of employees not reporting for predetermined scheduled work shifts.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Adoption — effective from 2008-09-14 to 07/30/2018

260-RICR-30-05-4 § 4.5 Records; dissemination of information.

A.Except as provided for in § 4.5(B) of this Part below, an employer shall not require an employee to work in excess of an agreed to, predetermined and regularly scheduled daily work shift of eight (8), ten (10), or twelve (12) hours per week except in an unforeseeable emergent circumstance. In no case shall a health care facility require an employee to work in excess of twelve (12) consecutive hours. The acceptance by any employee of work in excess of this shall be strictly voluntary. The refusal of an employee to accept such overtime work shall not be grounds for discrimination, dismissal, discharge, or any other penalty or employment decision adverse to the employee.

B.The requirements of § 4.5(A) above shall not apply in the case of an unforeseeable emergent circumstance when:

1.The overtime is required only as a last resort, and is not used to fill vacancies resulting from chronic short staffing; and

2.The employer has exhausted reasonable efforts to obtain staffing. However, exhaustion of reasonable efforts shall not be required in the event of any declared national, State or municipal emergency or a disaster or other catastrophic event which substantially affects or increases the need for health care services or causes the facility to activate its emergency or disaster plan;

C.On-call time shall not be construed to permit an employer to use mandatory on-call time as a substitute for mandatory overtime except for employees who are working pre-scheduled “on-call time” in the surgical department of employer.

D.An employer shall maintain a system for keeping records of circumstances where employees are mandated to work in excess of an agreed to, predetermined and regularly scheduled daily work shift or in excess of forty (40) hours per week which shall include:

1.The employee's name and job title;

2.The name of the employee's work area or unit;

3.The date the overtime was worked, including start time;

4.The number of hours of overtime mandated;

5.The employee's daily work schedule for any week in which the employee is required to work excess time;

6.The reason why the overtime was necessary;

7.A description of the reasonable efforts that were exhausted prior to requiring overtime. This shall include:

a.The names of employees contacted to work voluntary overtime;

b.A description of efforts to secure per diem staff; and

c.A list of the temporary agencies contacted; and

d.The signature of individual authorizing the required mandatory overtime.

E.An employer shall provide the employee with a copy of the documentation in accordance with the requirements set forth in § 4.5(D) of this Part above within ten (10) days from the date of the required employee overtime work, except that the total number, rather than the names, of employees contacted in accordance with § 4.5(D)(7)(a) of this Part above shall be provided; Records as set forth in § 4.5(D) above shall be kept a period of 30 days or, if the employee files a complaint, until the complaint has been fully adjudicated and all appeals exhausted.

F.A description of the reasonable efforts, if any, that were exhausted prior to requiring overtime. This shall include:

1.The names of employees contacted to work voluntary overtime;

2.A description of efforts to secure per diem staff; and

3.A list of the temporary agencies contacted; and

4.The signature of individual authorizing the required mandatory overtime.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Adoption — effective from 2008-09-14 to 07/30/2018

260-RICR-30-05-4 § 4.6 Enforcement and administrative penalties

If the Director determines that a health care facility has violated provisions of R.I. Gen. Laws § 23-17.20-1 et. seq., the Director shall issue a penalty of three hundred dollars ($300) for each violation pursuant to R.I. Gen. Laws § 23-17.20-4.

4.6.1ENFORCEMENT

A.An employee shall file a written complaint on a form designated for such purpose by the Department alleging violations of the Rhode Island Health Care Facilities Staffing Act, R.I. Gen. Laws § 23-17.20-1 et seq.;

B.Upon receipt of an employee's complaint the Director or his or her designee shall give the employer written notice and thirty (30) days to respond in writing to said complaint. If the Director or his or her designee finds probable cause that the employer has failed to comply with the provisions of the Health Care Facilities Staffing Act, a hearing shall be scheduled wherein the Director or his or her designee shall determine by a preponderance of the evidence whether the employer committed the alleged violations in violation of the Act;

4.6.2APPEAL OF AGENCY DECISION

Any party aggrieved by a final written order of the Department concerning a violation of the Health Care Facilities Staffing Act may file a complaint with the Superior Court pursuant to R.I. Gen. Laws § 42-35-15. The filing of a complaint does not automatically stay the decision or order unless so ordered by the Superior Court. In the absence of a timely appeal, the order or decision of the Department shall become final and no further administrative appeal may be taken.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Adoption — effective from 2008-09-14 to 07/30/2018

260-RICR-30-05-4 § 4.7 Policies and procedures

A health care facility shall post, in one or more places in its establishment where it may be easily seen and read by all employees employed by the health care facility, a printed or typewritten poster produced and furnished by the Department.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Adoption — effective from 2008-09-14 to 07/30/2018

260-RICR-30-05-4 § 4.8 Discharge or discrimination against an employee making a complaint

An employer shall not discharge or in any other manner discriminate against an employee because such employee has made any complaint to his or her employer, including the employer's representative or to the Department or any other governmental agency that the employee has been required to work overtime in contravention to the provisions of R.I. Gen. Laws § 23-17-1 et seq.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Adoption — effective from 2008-09-14 to 07/30/2018

260-RICR-30-05-4 § 4.9 Complaint system

A.An employee shall have a right to file a complaint up to thirty (30) days following the date of the assigned mandatory overtime if he or she believes the overtime was not in response to an unforeseen emergent circumstance, and/or required reasonable efforts were not exhausted;

B.If requested, any employer record required herein shall be made available upon request to the Department within thirty (30) days.

C.An employee may be represented by legal counselor union representative; however, the employee must sign the original compliant and must be available to provide information and/or provide testimony if needed.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Adoption — effective from 2008-09-14 to 07/30/2018

260-RICR-30-05-5 Paid Sick and Safe Leave Time

260-RICR-30-05-5 § 5.1 Purpose

The purpose of this regulation is to provide clarity on the paid sick and safe leave provisions pursuant to the Healthy and Safe Families and Workplaces Act, R.I. Gen. Laws Chapter 28-57.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-05-31 to 01/04/2022

260-RICR-30-05-5 § 5.2 Authority

This regulation is promulgated pursuant to the authority granted by R.I. Gen. Laws § 28-57-9.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-05-31 to 01/04/2022

260-RICR-30-05-5 § 5.3 Definitions

A. As used in this regulation, the following terms shall be defined as follows:

1. “Adverse action” means the denial of any right guaranteed under the Healthy and Safe Families and Workplaces Act, R.I. Gen. Laws § 28-57-1 et. seq., and these regulations, and any threat, discharge, suspension, demotion, reduction of hours, reporting or threatening to report the citizenship or immigration status of the employee or their family member to a federal, state or local agency, or any other action that would cause harm to the employee in any way.

2.“Employee” means any person suffered or permitted to work by an employer, including those working on a full-time, part-time or per diem basis, except for those exempted from the requirements of R.I. Gen. Laws § 28-57-1 et seq. per R.I. Gen. Laws § 28-57-4 (f) and those not considered employees as defined in R.I. Gen. Laws § 28-12-2. Independent contractors, subcontractors, and work study participants as described pursuant to 42 U.S.C. § 2753.23, and apprenticeships and interns as defined under the Fair Labor Standards Act, 29. U.S.C. § 201 et seq., shall not be considered to be employees, pursuant to R.I. Gen. Laws § 28-57-3 (7).

3.“Food employee” means any individual working with unpackaged food, food equipment or utensils, or food-contact surfaces, as defined by the Rhode Island Food Code (216-RICR-50-10-1).

4. “Member of employee’s household” means a person that resides at the same physical address as the employee or a person that is claimed as a dependent by the employee for federal income tax purposes.

5. “New employer” means any employer that establishes an entity subsequent to January 1 of the requisite calendar year except that a firm or establishment that formerly existed, but has changed ownership, is not to be considered a new employer under these regulations.

6.“Public employer” means the State of Rhode Island, Rhode Island quasi-public agencies, Rhode Island cities and towns and local public employers not covered by the term “cities and towns,” including, but not limited to: school committees, school districts, regional schools and educational collaboratives, and any other public entity.

7. “Same hourly rate” means the following based on the employee’s regular compensation:

a.For employees compensated on an hourly basis, the same hourly rate means the employee’s regular hourly rate.

b.For employees who receive different rates of pay for hourly work from the same employer, the same hourly rate means either:

(1)The wages the employee would have been paid for the hours absent during use of paid sick and safe leave time if the employee had worked; or

(2)The blended rate, determined by taking the weighted average of all regular rates of pay over the previous pay period, month, quarter or other established period of time the employer customarily uses to calculate blended rates for similar purposes.

c.Whichever above method employers elect to determine the same hourly rate must be used consistently by those employers throughout a benefit year.

d.For employees paid a salary, the same hourly rate means the employee’s total earnings in the previous pay period divided by their total hours worked during that pay period. Employees who are exempt from overtime requirements under 29 U.S.C. § 213(a)(1), the Fair Labor Standards Act, shall be assumed to have worked forty (40) hours in each week unless their normal work week is less than forty (40) hours, in which case the same hourly rate shall be calculated based on the employee’s normal work week. Under no circumstances may the same hourly rate equal less than the effective minimum wage as required per R.I. Gen. Laws § 28-12-3.

e.For employees paid on a piece work or fee-for-service basis, the same hourly rate means a reasonable calculation of the wages or fees the employee would have received for the piece work, service or part thereof, if the employee had worked. Regardless of the basis used, the same hourly rate shall not be less than the effective minimum wage as required per R.I. Gen. Laws § 28-12-3.

f.For employees paid on commission the same hourly rate means the greater of the base wage or the effective minimum wage as required per R.I. Gen. Laws § 28-12-3.

g.For tipped employees who ordinarily receive the “tipped minimum wage” or minimum wage for employees receiving gratuities, the same hourly rate means the effective minimum wage as required per R.I. Gen. Laws § 28-12-3.

h.The same hourly rate shall not include:

(1) Sums paid as commissions, drawing accounts, bonuses, or other incentive pay based on sales or production;

(2) Sums excluded under 29 U.S.C. § 207(e), including contributions irrevocably made by an employer to a trustee or third person pursuant to a bona fide plan for providing old-age, retirement, life, accident, or health insurance, and any other employee benefit plans;

(3)Overtime, holiday pay or other premium rates. However, when an employee’s regular hourly rate is a “differential rate,” meaning a different wage paid for the same work performed under differing conditions (hours, etc.), the “differential rate” is not a premium and shall be considered as regular wages for the purpose of determining the same hourly rate.

8. “Seasonal employee” means an employee who is hired into a position for which the customary annual employment is six months or less, pursuant to R.I. Gen. Laws § 28-57-3(13).

9. “Temporary employee” means persons that are employed by an employment agency or temporary staffing company and are placed for assignment with other entities pursuant to R.I. Gen. Laws § 28-57-3(18).

10.“Written notice or In writing” means any printed or printable communication that is provided in a physical or electronic format, including communications that are transmitted through electronic mail, a computer system or is otherwise sent and stored electronically. Provided, however, that such notice shall be provided via hard copy upon the request of the employee.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-05-31 to 01/04/2022

260-RICR-30-05-5 § 5.4 Paid Sick and Safe Leave Time – Exemptions

5.4.1 Employers with Paid Time Off Policies

A. Any employer with a paid time off policy who makes available at least twenty-four (24) hours during calendar year 2018, thirty-two (32) hours during calendar year 2019 and forty (40) hours per calendar year thereafter of paid time off to employees is exempt from the following requirements of the Healthy and Safe Working Families Act, R.I. Gen. Laws Chapter 28-57:

1.Providing earned or paid sick and safe leave time in accordance with the schedule or formula provided in R.I. Gen. Laws §§ 28-57-5(a), (b) and (c); and

2. Allowing employees to carry over unused sick and safe leave as required per R.I. Gen. Laws § 28-57-5(e).

B. Any employer with a paid time off policy who makes available at least twenty-four (24) hours during calendar year 2018, thirty-two (32) hours during calendar year 2019 and forty (40) hours per calendar year thereafter of paid time off to employees that can be used for purposes consistent with the Healthy and Safe Working Families Act, R.I. Gen. Laws Chapter 28-57, and is made available in full at the beginning of each benefit year, is exempt from tracking the accrual of such leave, allowing for carryover, or paying employees for unused time.

C.For the purposes of these exemptions the method of accrual chosen by the employer must result in a full-time employee working a full year accumulating the minimum amount of sick leave as required by R.I. Gen. Laws § 28-57-5. All employees should otherwise be provided the requisite hours on a pro-rata basis, based upon their start date and the number of hours worked.

5.4.2Food Employees

A.For food employees or someone who manages food employees:

1.If an employee notifies their employer of their intent to use earned sick time, the employer may ask if the reason for the absence would trigger the employer’s obligations under the Rhode Island Food Code (216-RICR-50-10-1).

2.If the employee answers in the negative the employer is prohibited from asking further questions about the nature of the illness.

3.If the employee answers in the affirmative, the employer may inquire about the symptoms on a limited basis to determine what steps they must take in order to remain in compliance with their obligations under the Rhode Island Food Code (216-RICR-50-10-1).

4.If the employee states that they are suffering from any of the symptoms described in the Rhode Island Food Code (216-RICR-50-10-1) the employer shall follow any actions as required under the Rhode Island Food Code.

5.4.3 Public employers

Public employers are exempt from providing paid sick and safe leave pursuant to R.I. Gen. Laws § 28-57-4.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-05-31 to 01/04/2022

260-RICR-30-05-5 § 5.5 Accrual of Paid Sick and Safe Leave

5.5.1Covered Employers

A. Employer Size

1. Employers must provide paid sick and safe leave time to all employees if the employer maintained an average of eighteen (18) or more employees in Rhode Island during the previous payroll year’s highest two employment quarters.

2. For the purpose of this determination, employers shall count all unique positions and that total shall represent the number of employees that they employed during that time period.

3.This calculation shall be performed on an annual basis using that year’s employment data.

4. Employers must establish annually whether they employ eighteen (18) or more employees and are required to provide paid leave. This determination remains in effect, regardless of the size of the employer, for the following twelve (12) months.

5. New employers must provide paid sick and safe leave to all employees once they have a total of eighteen (18) or more employees on their payroll.

5.5.2 Covered Employees/Rhode Island Employees

A.An employee is considered to be employed in Rhode Island if their primary place of employment within the last twelve (12) months was in Rhode Island regardless of the location of their employer.

B.An employee need not spend fifty percent (50%) or more of their time working in Rhode Island to be considered a Rhode Island employee, so long as the employee spends more time working in Rhode Island than in any other state.

C.If an employee is eligible to accrue and use PSSL benefits, all hours worked by that employee and all hours they are paid for, regardless of the location of the work or the employer, shall be counted while accruing PSSL benefits.

5.5.3Accrual and Discharge

A.Waiting Period

1.Employers that impose a waiting period of up to ninety (90) days for new employees, for the use of sick and safe leave, pursuant to R.I. Gen. Laws § 28-57-5(d), shall notify new employees in writing of this requirement upon hire.

a. No waiting period may be imposed on the accrual of sick and safe leave.

2.Employees working for employers that require such waiting period may begin to use sick time on the day following the end of their employer’s waiting period, established per their employer policy, or on their ninety-first (91st) day of employment, whichever is sooner.

B. Advanced/loaned Paid Sick and Safe Leave time

1. Employers that have loaned Paid Sick and Safe Leave time to employees, pursuant to R.I. Gen. Laws § 28-57-5(i), that have since separated from employment, are permitted to deduct any monies owed to the employer for this purpose from the final payroll that is to be issued to that employee so long as they have obtained written permission to do so, in accordance with R.I. Gen. Laws § 28-14-3.2.

2. Employers should clearly state in their employment policies that prior to advancing or loaning paid sick and safe leave time they will require employees to agree, in writing, to allow them to recover any outstanding amounts owed from advanced or loaned paid sick and safe leave time via payroll deductions in the final payroll to be issued to the employee.

C.Accrual of earned sick time/Paid Sick and Safe Leave while on paid leave

1. Employees shall accrue earned sick time or PSSL benefits for all hours worked and all hours paid by their employer while collecting paid time off benefits, including, but not limited to holiday pay, personal time, sick time and vacation time.

D.Discharge of earned sick time/Paid Sick and Safe Leave

1.For employees that work irregular schedules, such as those without a definite end time, the employer shall use a reasonable method for determining the number of hours of PSSL used.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-05-31 to 01/04/2022

260-RICR-30-05-5 § 5.6 Use of Paid Sick and Safe Leave Time

5.6.1 Employee’s Right to Access Sick Leave

A. Adverse Action

1. Employers may not take adverse action against any employee for making use of the rights and protections provided in these regulations or in R.I. Gen. Laws § 28-57-1 et. seq.

5.6.2Notice Requirements

A. Foreseeable Leave

1. Leave shall be considered foreseeable when it is planned at least twenty-four (24) hours in advance of when it is required.

2.Notice shall be provided by the employee requesting to use PSSL benefits for a foreseeable leave within a reasonable timeframe.

B. Unforeseeable Leave

1.In instances of unforeseeable leave, consistent with the statutory provisions required per R.I. Gen. Laws § 28-57-6(d), employer’s policies must be reasonable.

5.6.3 Documentation

A.Employer requirement to provide reasonable documentation

1. Employers that require reasonable documentation when an employee has been absent for more than three (3) consecutive work days shall notify employees in writing of this requirement in their employee handbook or employment policy

2.Employers shall accept such documentation within a reasonable timeframe.

3. Any expense or burden on an employee shall be considered to be unreasonable if the total cost to the employee to obtain certification regarding their absence is more than two times their hourly rate of pay. In determining the total cost to the employee, costs such as administrative, governmental or medical fees, and transportation costs shall be included.

4. If the total cost to an employee for obtaining documentation is considered unreasonable, employers may require their employees to submit a signed statement indicating that their use of earned sick time or PSSL benefits was for purposes consistent with R.I. Gen. Laws § 28-57-6(a).

5. When in conflict with the Rhode Island Food Code (216-RICR-50-10-1), this provision shall not apply to Food Employees, per § 5.4.2 of this Part.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-05-31 to 01/04/2022

260-RICR-30-05-5 § 5.7 Enforcement

5.7.1Administrative Enforcement

A. Penalties

1.Employers who have been found in violation of this chapter by the director or his or her designee shall be liable for a penalty of one hundred dollars ($100) for a first offense.

2.Subsequent violations will result in a penalty of one hundred to five hundred dollars ($100-$500) per offense.

a. Each day of violation shall constitute a separate offense

b.In determining the amount of the penalty, the director or his or her designee shall consider the size of the employer’s business; the good faith of the employer; the gravity of the violation; the history of previous violations; and whether or not the violation was an innocent mistake or willful.

B.Appeals

1.Any employer or employee aggrieved by a decision of the Department may file an appeal in accordance with the procedure outlined in Rules of Procedure for Administrative Hearings (260-RICR-10-00-5).

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-05-31 to 01/04/2022

260-RICR-30-05-5 § 5.8 Confidentiality

A.Employers shall keep confidential any information regarding their employees’ use of PSSL or earned sick time benefits.

1.Employers shall be permitted to disclose, on a limited basis, as part of their defense during any administrative or judicial proceeding, whether or not an employee has accrued, used, or requested to use, the benefits prescribed by this chapter.

2.Employers shall also be permitted to disclose whether the employee adhered to their previously established and distributed employer policy while using such benefits.

a. Employers are not permitted to disclose any details pertaining to their employees’ use of the benefits prescribed by this chapter other than as described in § 5.8(A)(1) of this Part. This includes, but shall not be limited to: the details of any illness, injury, incident or legal action that pertained to the use of such benefits.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-05-31 to 01/04/2022

260-RICR-30-05-7 Parental and Family Medical Leave Act

260-RICR-30-05-7 § 7.1 Authority

These rules and regulations are promulgated pursuant to R.I. Gen. Laws § 28-48-1 et seq.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-04 to 01/04/2022
• Technical Revision — effective from 2002-01-04 to 01/04/2002
• Periodic Refile — effective from 2002-01-04 to 01/04/2002

260-RICR-30-05-7 § 7.2 Purpose

These rules and regulations shall assist in carrying out the powers and duties assigned to the Department of Labor and Training (hereinafter, "Department") related to the Department's enforcement of the provisions of the Parental and Family Medical Leave Act, R.I. Gen. Laws § 28-48-1 et seq.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-04 to 01/04/2022
• Technical Revision — effective from 2002-01-04 to 01/04/2002
• Periodic Refile — effective from 2002-01-04 to 01/04/2002

260-RICR-30-05-7 § 7.3 Definitions

A."Employer" means:

1.any person, sole proprietorship, partnership, corporation or other business entity that employs fifty (50) or more employees,

2.the State of Rhode Island (including the executive, legislative and judicial branches), and any state department or agency that employs persons, and

3.any city or town or municipal agency that employs thirty (30) or more employees, and

4.any person who acts directly or indirectly in the interest of any employer.

B."Employee" means any full time employee who has been employed by the same employer for twelve (12) consecutive months averaging at least thirty (30) hours per week prior to the effective date of the leave.

C."Parental leave" means leave by reason of (1) the birth of a child of an employee, or (2) the placement of a child sixteen (16) years of age or less with an employee in connection with the adoption of such child by the employee.

D."Serious illness" means a disabling physical or mental illness, injury, impairment or condition that involves inpatient care in a hospital, nursing home or hospice, or outpatient care requiring continuous treatment or supervision by a health care provider.

E."Family member" means a parent, spouse, child, mother-in-law, father-in-law, or the employee him or herself.

F."Family leave" means leave by reason of the serious illness of a family member.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-04 to 01/04/2022
• Technical Revision — effective from 2002-01-04 to 01/04/2002
• Periodic Refile — effective from 2002-01-04 to 01/04/2002

260-RICR-30-05-7 § 7.4 Parental and Family Medical Leave – Rights and Duties

A.The employee shall be entitled, upon reasonably advanced notice to his or her employer, to thirteen (13) consecutive work weeks of parental leave or family leave in any two (2) calendar years.

B.The employee shall give at least thirty (30) days' notice of the intended date upon which parental leave or family leave shall commence and terminate, unless prevented by medical emergency to provide said notice.

C.If an employer provides paid parental leave or family leave or fewer than thirteen (13) weeks, the additional weeks of leave added to attain the total of thirteen (13) weeks required by R.I. Gen. Laws Chapter 28-48 may be unpaid.

D.The employee shall provide upon the request of the employer written certification from a physician caring for the person who is the reason for the employee's leave specifying the probable duration of the employee's leave.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-04 to 01/04/2022
• Technical Revision — effective from 2002-01-04 to 01/04/2002
• Periodic Refile — effective from 2002-01-04 to 01/04/2002

260-RICR-30-05-7 § 7.5 Employment and Health Benefits Protection

A.Upon the expiration of parental leave or family leave an employee shall be entitled to be restored by the employer to the position held by the employee when the leave commenced, or to a position with equivalent seniority, status, employment benefits, pay and other related terms and conditions of employment, including fringe benefits and service credits that the employee had been entitled to at the commencement of leave.

B.During any period of parental or family leave the employer shall maintain any existing health benefits of the employee in force for the duration of such leave as if the employee had continued in employment continuously from the date he or she commenced such leave until the date he or she returns to employment. The maintenance of health benefits shall be governed by R.I. Gen. Laws § 28-48-3.

C.An employee on parental leave or family leave shall not suffer the loss of any benefit accrued before the date on which the leave commenced, nor shall any employee who takes parental leave or family leave be entitled to any benefit other than benefits to which the employee would have been entitled had he or she not taken the leave.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-04 to 01/04/2022
• Technical Revision — effective from 2002-01-04 to 01/04/2002
• Periodic Refile — effective from 2002-01-04 to 01/04/2002

260-RICR-30-05-7 § 7.6 Employee’s Notice to the Employer-Form and Content

An employee's notice to the employer indicating his or her intent to exercise the right to parental leave or family leave shall be in writing and shall verify the truthfulness of the factual representations made by said employee. The notice shall include information which reasonably identifies the employee and his or her employment relationship to the employer, as well as a detailed description of the circumstances supporting his or her entitlement to parental leave or medical leave.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-04 to 01/04/2022
• Technical Revision — effective from 2002-01-04 to 01/04/2002
• Periodic Refile — effective from 2002-01-04 to 01/04/2002

260-RICR-30-05-7 § 7.7 Enforcement

A.An employee may file a written complaint alleging violations of the Rhode Island Parental and Family Medical Leave Act, R.I. Gen. Laws § 28-48-1 et seq.

B.Upon receipt of an employee's complaint the Director of the Rhode Island Department of Labor or his or her designee shall give the employer written notice and an opportunity to respond in writing to said complaint. If the Director or his or her designee finds probable cause that the employer has failed to comply with the provisions of the Rhode Island Parental and Family Medical Leave Act, a hearing shall be scheduled wherein the Director or his or her designee shall determine by a preponderance of the evidence whether the employer committed the alleged violations.

C.If after hearing it is found that the employer has failed to comply with the provisions of the Parental and Family Medical Leave Act, the Director or his or her designee may issue such orders as he or she deems necessary to protect the rights of the employee, including reinstatement of the employee and/or retroactive wages and applicable benefits.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-04 to 01/04/2022
• Technical Revision — effective from 2002-01-04 to 01/04/2002
• Periodic Refile — effective from 2002-01-04 to 01/04/2002

260-RICR-30-05-7 Parental and Family Medical Leave Act

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-04 to 01/04/2022
• Technical Revision — effective from 2002-01-04 to 01/04/2002
• Periodic Refile — effective from 2002-01-04 to 01/04/2002

Subchapter 10 Occupational Safety

260-RICR-30-10-1 Elevator Safety Code

260-RICR-30-10-1 § 1.1 Authority

This Part is promulgated pursuant to R.I. Gen. Laws § 23-33-2.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-01-06 to 01/04/2022
• Amendment — effective from 2012-01-29 to 01/06/2019
• Amendment — effective from 2008-02-06 to 01/29/2012
• Amendment — effective from 2007-05-17 to 02/06/2008
• EMERGENCY RULE Amendment — effective from 2006-09-12 to 04/10/2007
• Periodic Refile — effective from 2002-01-02 to 05/17/2007

260-RICR-30-10-1 § 1.2 Purpose

The purpose of these rules and regulations is to provide safety standards for the installation, construction, operation, inspection, repair or use of elevators and related equipment. Where compliance would be impracticable, the Director of Labor and Training and/or the Chief Elevator Inspector may issue an exemption from the requirements of these rules and regulations and permit the use of other devices and/or methods, but only when it is established by clear and convincing evidence that safety is reasonably assured.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-01-06 to 01/04/2022
• Amendment — effective from 2012-01-29 to 01/06/2019
• Amendment — effective from 2008-02-06 to 01/29/2012
• Amendment — effective from 2007-05-17 to 02/06/2008
• EMERGENCY RULE Amendment — effective from 2006-09-12 to 04/10/2007
• Periodic Refile — effective from 2002-01-02 to 05/17/2007

260-RICR-30-10-1 § 1.3 Incorporated Materials

A.These regulations hereby adopt and incorporate the following sections of the American Society of Mechanical Engineers Safety Code for Elevators and Escalators (ASME), 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.

1.ASME A17.1 (2016) applies to all new passenger and freight elevators, escalators, Material Lifts, Limited Use, Limited Application elevators, Dumbwaiters, Moving Walks and all other Special Application Devices and § 1.6 of this Part. Additionally, section 8.7 of ASME A17.1 (2016) applies to all Alterations and Modernizations.

2.ASME A17.3 (2015) applies to all existing Elevators, Escalators, Dumbwaiters, Moving Walks and all other Equipment as listed within A17.3 and § 1.7 of this Part.

3.ASME A10.4 (2016) applies to all new Personnel Hoists and Employee Elevators and § 1.8 of this Part.

4.ASME A10.5 (2013) applies to all new Material Hoists and § 1.9 of this Part.

5.ASME A18.1 (2017) applies to all new Vertical Platform Lifts, Incline Platform Lifts, Inclined Stairway Chairlifts and § 1.10 of this Part.

6.ASME B20.1 (2015) applies to all new Vertical Reciprocating Conveyors and § 1.11 of this Part.

7.ASME A17.8 (2016) applies to elevators in Wind Turbine Towers and §1.12 of this Part.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-01-06 to 01/04/2022
• Amendment — effective from 2012-01-29 to 01/06/2019
• Amendment — effective from 2008-02-06 to 01/29/2012
• Amendment — effective from 2007-05-17 to 02/06/2008
• EMERGENCY RULE Amendment — effective from 2006-09-12 to 04/10/2007
• Periodic Refile — effective from 2002-01-02 to 05/17/2007

260-RICR-30-10-1 § 1.4 Definitions

A."Chief inspector" means the existing position of chief elevator inspector as appointed by the director of labor and training.

B."Commission" means the code commission for occupational safety and health created under R.I. Gen. Laws § 28-20-22.

C."Compliance inspector" means an industrial safety technician (also known as a safety compliance inspector) who holds a certification as a qualified elevator inspector as required by the American National Standards Institute (ANSI) and is appointed by the director of labor and training under the provisions of R.I. Gen. Laws Chapter 28-20.

D."Director" means the director of labor and training or his or her duly authorized representative.

E."Elevator" means a hoisting and lowering mechanism equipped with a car or platform which moves in guides in a substantially vertical direction. The term "elevator" or other device, whenever used in this chapter shall include but not be limited to dumbwaiters, vertical reciprocating conveyors, wheelchair lifts, and material lifts. The term "elevator" shall also include any lifting and lowering mechanisms moving in fixed guides, erected and used solely during and in aid of the construction, alteration, or demolition of buildings.

F."Elevator checklist form" means a state issued form listing all the parts and areas of an elevator that need to be examined during an inspection.

G."Elevator-freight" means an elevator primarily used for carrying freight and on which only the operator and the persons necessary for loading and unloading the freight are permitted to ride.

H."Elevator-passenger" means an elevator used primarily to carry persons other than the operator and persons necessary for loading and unloading.

I."Escalator" means a moving, inclined, continuous stairway or runway used for raising or lowering passengers.

J."Full maintenance contract" means a signed contract between a qualified service company and the owner or responsible party of an elevator, escalator, or other device subject to the provisions of this chapter. The contract shall provide that all parts of the elevator or other device shall be maintained in compliance with the rules and regulations promulgated by the commission and shall provide for service inspections by a qualified mechanic within specific periods for the duration of the contract. Code revisions, vandalism, or acts of God are excluded from the contract unless specifically stated within the contract. In addition, the contract shall state the number of nonchargeable service calls per month as well as the rate for emergency or chargeable calls. The contract shall also provide a means of emergency dispatching and reasonable response time.

K."Licensed company" means a company licensed by the Division of Occupational Safety to perform installations, construction, service, repairs, modernizations, decommissioning, removal, and maintenance of elevators and other devices subject to the provisions of this code and R.I. Gen. Laws Chapter 23-33.

L."Licensed individual" means an employee of a licensed company who by reason of competency is authorized to perform any and all work within the scope as issued.

M."Logbook" means a bound, standardized, industry accepted format handwritten record of the following activities:

1. Description of maintenance tasks performed and dates

2.Description and dates of examinations, tests, adjustments, repairs, and replacements

3. Description and dates of call backs (trouble calls) or reports that are reported to elevator personnel by any means, including corrective action taken

4. Written record of the findings on the firefighters service operation required by Rule 8.6.11.1 of ASME A17.1 , incorporated above.

5.The LOG BOOK shall be provided for each elevator or escalator within that unit’s machine room or space and shall be maintained as a permanent part of that room or space.

N."Minor repair" means repairs to emergency lights, emergency phone, alarm bell or electric lights.

O."Operating certificate" means a document indicating an elevator and devices are in compliance with R.I. Gen. Laws § 23-33-1 et seq.

P."Owner" means any person owning, operating, or in charge or control of any elevator or escalator, or other device subject to the provisions of this chapter as defined in this section.

Q."Qualified mechanic" means a person employed by a qualified service company to whom, due to experience and qualifications, a license to construct, install, maintain, or repair elevators, escalators or other devices subject to the provisions of this chapter has been issued by the administrator of the division of occupational safety.

R."Qualified service company" means a firm or corporation engaged in the business of construction, installation, maintenance or repair of elevators, escalators or other devices subject to the provisions of this chapter to which a license to conduct such business has been issued by the administrator of the division of occupational safety.

S."Review board" means the occupational safety and health review board created under R.I. Gen. Laws § 28-20-19.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-01-06 to 01/04/2022
• Amendment — effective from 2012-01-29 to 01/06/2019
• Amendment — effective from 2008-02-06 to 01/29/2012
• Amendment — effective from 2007-05-17 to 02/06/2008
• EMERGENCY RULE Amendment — effective from 2006-09-12 to 04/10/2007
• Periodic Refile — effective from 2002-01-02 to 05/17/2007

260-RICR-30-10-1 § 1.5 Accident Reports

A.It shall be reported by the owner or his authorized agent within twenty-four (24) hours to the Department of Labor and Training, Division of Occupational Safety. Any accident resulting in a fatality shall be reported to said office immediately.

B. The operating certificate shall be summarily revoked until the Department of Labor and Training shall have inspected and/or shall have again made valid the operating certificate or permit of the subject installation;

C. Failure to report any accident within the prescribed time, shall be a violation of R.I. Gen. Laws § 23-33-20(a) and as such, subject to the penalty provided therein;

D. No person shall remove from the premises, any part of the damaged installation or operating mechanism or any other part of the equipment, subject to the provisions of R.I. Gen. Laws Chapter 23-33, until permission to do so has been granted by the Chief Elevator Inspector.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-01-06 to 01/04/2022
• Amendment — effective from 2012-01-29 to 01/06/2019
• Amendment — effective from 2008-02-06 to 01/29/2012
• Amendment — effective from 2007-05-17 to 02/06/2008
• EMERGENCY RULE Amendment — effective from 2006-09-12 to 04/10/2007
• Periodic Refile — effective from 2002-01-02 to 05/17/2007

260-RICR-30-10-1 § 1.6 New Installations

The edition of the American National Standard Safety Code for Elevators and Dumbwaiters ASME A17.1 incorporated by reference in § 1.3 of this Part, which also includes escalators and moving walks, shall govern the installation, modernization, inspection and testing of new, or relocation of, such elevators and other devices with any exceptions as stated herein.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-01-06 to 01/04/2022
• Amendment — effective from 2012-01-29 to 01/06/2019
• Amendment — effective from 2008-02-06 to 01/29/2012
• Amendment — effective from 2007-05-17 to 02/06/2008
• EMERGENCY RULE Amendment — effective from 2006-09-12 to 04/10/2007
• Periodic Refile — effective from 2002-01-02 to 05/17/2007

260-RICR-30-10-1 § 1.7 Existing Installations

A. General Provisions

1. The edition of the American National Standard Safety Code for Elevators and Dumbwaiters ASME A17.3 incorporated by reference in § 1.3 of this Part, which also includes escalators and moving walks, shall govern the installation, modernization, inspection and testing of existing elevators and other devices with any exceptions as stated herein.

2.Whenever this code conflicts with the State Building Code, regarding the materials to be used for construction purposes and/or the type of construction to be employed, the requirements of Rhode Island General Laws shall prevail.

3. All electric wiring and apparatus shall comply with the requirements of the National Electrical Code adopted by the Rhode Island Building Code Commission at the time of installation.

B. Inspections

1. Permit to Act as Authorized Inspector

a. An authorized inspector permit is required under the provisions of R.I. Gen. Laws § 23-33-5, for any person to make inspection of any existing elevator subject to the provisions of R.I. Gen. Laws Chapter 23-33 and/or this code;

b.An authorized inspector permit shall be renewed annually:

(1) Renewal of an authorized inspector permit shall consist of submission of a renewal application, accepted and approved by the chief inspector, and payment of a renewal fee

(2) The chief inspector may at any time revoke any permit issued by him or her to act as an authorized inspector. In cases of a revocation the division of occupational safety administrator shall order a hearing to be conducted within 30 days. Notice of the hearing, given at least five (5) days in advance, shall include a specified time and place, a statement of the facts resulting from investigation, and shall be served by mail to the authorized inspector. The hearing shall be conducted by the Review Board and shall allow the authorized inspector an opportunity to be heard on the matters contained within the notice.

c. An authorized inspector, holding a qualified mechanic's license pursuant to R.I. Gen. Laws § 23-33-2.3, shall not make any repairs as a result of an annual inspection which such authorized inspector performed, except that such an authorized inspector may make a minor repair, as defined herein, on the same day as any inspection;

2. Periodic Inspections

a. The chief inspector, any compliance inspector or any authorized inspector shall make the required inspection of each elevator or other device at least once per year, except that each elevator or other device subject to a full maintenance contract with a qualified service company shall be inspected at least once every two (2) years subject to R.I. Gen. Laws Chapter 23-33;

b. The chief inspector, compliance inspector or authorized inspector shall complete the elevator checklist form, approved by the chief inspector, for all existing elevators during the required inspection;

c. Following inspection, the chief inspector, compliance inspector or authorized inspector shall, within ten business (10) days of inspection, submit the completed elevator checklist form to the division of occupational safety administrator and, if the elevator is adjudged to conform in all respects with this code, the division of occupational safety administrator, upon payment of the appropriate fee, shall issue to the elevator owner a certificate of operation;

d. A certificate of operation shall state the inspection date, which shall be renewable annually, but shall be valid until revoked;

e.An owner shall ensure that the required inspections are performed and that the completed elevator checklist form is submitted to the division of occupational safety administrator. The owner shall schedule the required inspections at least sixty (60) days prior to the expiration of the current certificate of operation;

3. Imminent Harm Violations

a. If as a result of inspection, the chief inspector determines that any elevator or device is in such a condition as to be unsafe and that the danger is imminent, the chief inspector shall order the operation of that elevator to be stopped immediately, the certificate revoked and shall physically render the unit inoperable;

b. The owner shall be notified by certified mail that he or she has fifteen (15) business days from the receipt of the order to notify the division of occupational safety administrator that he or she intends to contest the order to cease operation. The order shall remain in effect pending hearing before the review board;

c.In cases where the chief inspector revokes a certificate of operation, use of the elevator shall be stopped until the elevator or the defective part or parts shall be repaired or renewed and put in safe condition, and a new certificate issued by the administrator of occupational safety;

d. In the event that the owner fails, within 15 business days of the receipt of the order, to contest the order to cease operation, the order shall be deemed a final order of the review board and not subject to any review as to any question of fact by any court or agency;

e. After the issuance of an order to cease operation, the chief inspector may issue a Notice of Proposed Penalty, notifying the owner of the penalty proposed to be assessed under R.I. Gen. Laws § 23-33-20 and that the owner has fifteen (15) business days within which to either pay the penalty or notify the administrator of the division of occupational safety that he or she wishes to contest the proposed assessment of penalty;

f. Any appeal to the review board shall not stay an order to cease operation but the review board may vacate any such order.

4. Non-Imminent Harm Violations

a. In the event that the elevator checklist form indicates a violation of this regulation, which imposes no immediate danger; a required inspection has not been performed; the completed elevator checklist form has not been submitted to the division of occupational safety administrator; the owner fails to schedule the required inspections at least sixty (60) days prior to the expiration of the current certificate of operation, the chief inspector or compliance inspector shall issue a Notice of Violation, notifying the owner and requiring the owner, within thirty (30) business days after the receipt of the notice, to abate said violations and it shall be the duty of the owner to comply with that requirement;

b. Upon abatement of the violation, notice shall be provided to the chief inspector that the required repairs, inspections or appointments have been completed, and the chief inspector shall issue a certificate of operation upon payment of the appropriate fee;

c. The elevator may, at the discretion of the chief inspector, be re-inspected by a compliance inspector or the chief inspector prior to the issuance of a certificate of operation;

d. Following the issuance of a Notice of Violation and the owner’s failure to abate the violations during the period provided, the chief inspector or compliance inspector shall issue a Compliance Order, notifying the owner to abate the violations within such reasonable time as he or she may prescribe, and if the violations are not remedied within the prescribed time, the use of the elevator shall be discontinued and the certificate revoked until the elevator is put in a safe condition and a new certificate is issued;

e.If within fifteen (15) business days from the receipt of the Compliance Order issued by the chief inspector or compliance inspector, the owner fails to notify the administrator of the division of occupational safety that he or she intends to contest the proposed Compliance Order, the Compliance Order shall be deemed a final order of the review board and not subject to review as to any question of fact by any court or agency;

f. After the issuance of a Compliance Order and abatement of the violation(s) by the owner, the chief inspector may issue a Notice of Proposed Penalty, notifying the owner of the penalty proposed to be assessed under R.I. Gen. Laws § 23-33-20. and that the owner has fifteen (15) business days within which to either pay the penalty or notify the administrator of the division of occupational safety that he or she wishes to contest the proposed assessment of penalty;

g. If within fifteen (15) business days from the receipt of the Notice of Proposed Penalty issued by the administrator of the division of occupational safety, the owner fails to notify the administrator of the division of occupational safety that he or she intends to contest the proposed assessment of penalty, the proposed assessment of penalty shall be deemed a final order of the review board and not subject to review as to any question of fact by any court or agency.

5.Appeals

a. If an owner notifies the administrator of the division of occupational safety that he or she intends to contest any notice and/or order, including but not limited to, order to cease operation, notice of violation, compliance order, and/or notice of proposed penalty, except as where provided by R.I. Gen. Laws Chapter 23-33 and/or this code, the administrator of the division of occupational safety shall immediately notify review board of such appeal and convene a meeting of the review board as soon as practicable thereafter;

b. The owner shall be notified of the review board hearing and the review board shall provide the affected owner an opportunity to participate in the hearing;

c. Appeals from the review board may be made pursuant to R.I. Gen. Laws Chapter 42-35.

6. Exceptions

a. Demolition or removal of any device subject to the provisions of R.I. Gen. Laws Chapter 23-33 shall be performed only by individuals licensed by the Division of Occupational Safety pursuant to R.I. Gen Laws § 23-33-2.3, except where a building is being destroyed in its entirety.

b. A standardized key switch for the activation of fire service shall be required. This key shall be an ADAMS PART NUMBER AKC-0054A [KEY CODE WD01].

c. The key required to activate fire service shall be accessible to fire department personnel, qualified mechanics and compliance inspectors only.

C. Hydraulic Machines

1. Every hydraulic elevator pump unit shall be provided with an appropriate sized valved connection equipped with an AEROQUIP 5602-4-4S male connector for attaching an inspector's test gauge.

3.Every hydraulic elevator shall be subject to a static load test every three (3) years. As part of this test, the working pressure of the pump unit shall be tested and recorded as well as the relief valve setting. A metal plate shall be attached to the hydraulic tank of all such elevators indicating (1) the working pressure, (2) the relief valve setting, (3) the amount and type of fluid used in the hydraulic system.

4. All hydraulic elevators equipped with an APOLLO BALL VALVE (Part number 70-108-01) located in the oil supply pipe shall have this valve replaced with an equivalent valve of a different manufacturer.

D. Penthouses and Machine Rooms

1. Elevator disconnect switches, of the approved heavy duty type, lockable, manually operated, and of the multiple pole type, shall be located on the lock jamb side of the entrance to the machine room and shall be accessible from the machine location on all elevators.

E. Hoistways - Car

1. All hoistways shall be of at least two (2) hour fire resistant rated construction.

2. Non-fire resistant materials shall not be installed within any hoistway.

F. Terminal Limit Switches and Stopping Devices. Top and bottom final terminal limit switches or stopping devices shall be provided on traction and winding drum elevators in addition to the normal terminal limits or stopping devices and shall:

1. be arranged to automatically prevent all movement of the car by the operating devices and

2.to stop the car independent of the normal terminal limit switches or stopping devices, and, further, shall, when traveling at any speed attained during normal operations, bring the car to rest within the overtravels but the buffers may be compressed.

G. Hoistway Doors - Cars Equipped with Inching Devices

1. Hoistway doors for power elevators, with a contract speed not in excess of one hundred (100) fpm, may have the interlock service arranged to permit the car to be operated away from the landing a distance of not over ten (10) inches before the locking operation takes place, provided the following requirements are met:

a. If the locking operation fails to take place as specified, further movement of the car will open the operating circuit.

b. The car cannot be started by the operating devices until the hoistway door is closed.

c. The car platform is equipped with a substantial vertical face flush with its outer edge and extending at least fifteen (15) inches below the car platform.

H. Power Elevator Car Tops

1.A standard railing conforming to ASME A17.1 Section 2.10.2 (incorporated above) shall be provided on the outside perimeter of the car top on all sides where the perpendicular distance between the edges of the car top and the adjacent hoistway enclosure exceeds 300 mm (12 in) horizontal clearance.

2. The focus specified in ASME A17.1 Section 2.10.2.4 shall not deflect the railing beyond the perimeter of the car top.

3. The top-of-car enclosure, or other surface specified by the elevator installer, shall be the working surface referred to in ASME A17.1 Section 2.10.2.

I. Car and Counterweight Safeties and Speed Governors

1. Every car safety and its speed governor devices shall be tested in the presence of a State Elevator Inspector or an authorized inspector at least once every twelve (12) months that the elevator is in service.

2.Where governor mechanisms are replaced, they shall be tested and calibrated by an authorized inspector.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-01-06 to 01/04/2022
• Amendment — effective from 2012-01-29 to 01/06/2019
• Amendment — effective from 2008-02-06 to 01/29/2012
• Amendment — effective from 2007-05-17 to 02/06/2008
• EMERGENCY RULE Amendment — effective from 2006-09-12 to 04/10/2007
• Periodic Refile — effective from 2002-01-02 to 05/17/2007

260-RICR-30-10-1 § 1.8 Personnel Hoists

A. The edition of the ASME A10.4, incorporated above in § 1.3 of this Part, shall govern the design, construction, installation, operation, inspection, testing, maintenance, alterations and repair of structures and hoists which are not a permanent part of the buildings, and are installed inside or outside buildings and other structures during construction, alteration, demolition or other temporary usage and are used to raise and lower workers and other persons engaged in the project. The hoist may also be used for transportation of materials.

1. These devices are subject to the provisions of R.I. Gen. Laws Chapter 23-33. The provisions of ASME/ANSI-A10.4 are subject to any exceptions provided within.

B. The following additions shall be part of the within Code:

1. Installation of said devices shall be subject to the permit procedures required under the provisions of R.I. Gen. Laws § 23-33-17.

2. Said devices are subject to the licensing provisions set forth in R.I. Gen. Laws §§ 23-33-2.2 and 23-33-2.3.

3. Said devices shall be erected, installed, repaired, maintained, serviced and/or operated only by persons licensed by the Division of Occupational Safety.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-01-06 to 01/04/2022
• Amendment — effective from 2012-01-29 to 01/06/2019
• Amendment — effective from 2008-02-06 to 01/29/2012
• Amendment — effective from 2007-05-17 to 02/06/2008
• EMERGENCY RULE Amendment — effective from 2006-09-12 to 04/10/2007
• Periodic Refile — effective from 2002-01-02 to 05/17/2007

260-RICR-30-10-1 § 1.9 Material Hoists

A. The edition of the ASME A10.5, incorporated above in § 1.3 of this Part, shall govern the design, construction, installation, operation, inspection, testing, maintenance, alterations and repair of structures and hoists which are used to raise or lower materials during construction, alteration or demolition of a building.

1. These devices may be installed inside or outside of a building or other structure. This section is not applicable to the temporary use of permanently installed passenger elevators as material hoists.

2. These devices are subject to the provisions of R.I. Gen. Laws Chapter 23-33. The provisions of ANSI-A10.5 are subject to any exceptions provided within.

B. Installation of these devices shall be subject to the permit procedures required under the provisions of R.I. Gen. Laws § 23-33-17. The devices are subject to the licensing provisions set forth within R.I. Gen. Laws §§ 23-33-2.2 and 23-33-2.3. These devices shall be erected, installed, repaired, maintained, serviced and/or operated only by individuals licensed by the Division of Occupational Safety.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-01-06 to 01/04/2022
• Amendment — effective from 2012-01-29 to 01/06/2019
• Amendment — effective from 2008-02-06 to 01/29/2012
• Amendment — effective from 2007-05-17 to 02/06/2008
• EMERGENCY RULE Amendment — effective from 2006-09-12 to 04/10/2007
• Periodic Refile — effective from 2002-01-02 to 05/17/2007

260-RICR-30-10-1 § 1.10 Wheelchair Lifts/Stairway Chairlifts

All wheelchair lifts or stairway chairlifts shall be installed and maintained in accordance with the edition of ASME A18.1, incorporated above in § 1.3 of this Part. The provisions of ASME A18.1, incorporated by reference, are subject to any exceptions provided within.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-01-06 to 01/04/2022
• Amendment — effective from 2012-01-29 to 01/06/2019
• Amendment — effective from 2008-02-06 to 01/29/2012
• Amendment — effective from 2007-05-17 to 02/06/2008
• EMERGENCY RULE Amendment — effective from 2006-09-12 to 04/10/2007
• Periodic Refile — effective from 2002-01-02 to 05/17/2007

260-RICR-30-10-1 § 1.11 Vehicle Reciprocating Conveyors

A. The edition of the ASME B20.1, incorporated above in § 1.3 of this Part, shall govern permanently installed vertical reciprocating conveyors used strictly for the movement of material in or at a building and is not part of a continuous conveyor system.

1. All personnel are expressly forbidden to ride on these units.

B.In addition, the following shall apply. The provisions of ASME B20.1 are subject to any exceptions provided within.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-01-06 to 01/04/2022
• Amendment — effective from 2012-01-29 to 01/06/2019
• Amendment — effective from 2008-02-06 to 01/29/2012
• Amendment — effective from 2007-05-17 to 02/06/2008
• EMERGENCY RULE Amendment — effective from 2006-09-12 to 04/10/2007
• Periodic Refile — effective from 2002-01-02 to 05/17/2007

260-RICR-30-10-1 § 1.12 Wind Turbine Elevators

The edition of ASME A17.8 incorporated above in §1.3 of this Part, shall govern elevators permanently installed in a wind turbine tower to provide vertical transportation of authorized personnel and their tools and equipment.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-01-06 to 01/04/2022
• Amendment — effective from 2012-01-29 to 01/06/2019
• Amendment — effective from 2008-02-06 to 01/29/2012
• Amendment — effective from 2007-05-17 to 02/06/2008
• EMERGENCY RULE Amendment — effective from 2006-09-12 to 04/10/2007
• Periodic Refile — effective from 2002-01-02 to 05/17/2007

260-RICR-30-10-1 § 1.13 Permits for Installation and/or Modernization

A. No elevator, escalator, dumbwaiter, moving walk or other device subject to the provisions of R.I. Gen. Laws Chapter 23-33 shall be installed, constructed or modernized within the limits of this state without a permit issued by the Division of Occupational Safety, Elevator Unit.

B. All applications for a permit to install, modernize or construct, shall include duplicate sets of data sheets and complete and accurate plans and/or drawings of the device, hoistways, machine rooms, landings and appurtenances. These plans shall also show the device location and machine room relation within the structure. All information as required by ASME A17.1 and A18.1, incorporated above by reference, shall be included within these plans. The use of "stock" or computer drawn plans shall be allowed provided that all required information is provided for each unit or device. A permit to install shall be issued when the above required plans and appropriate fee are submitted and approved. No person, firm or corporation shall install, construct, modernize or relocate, or attempt to install, construct, modernize or relocate any device subject to the provisions of R.I. Gen. Laws Chapter 23-33 without having first obtained this permit.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-01-06 to 01/04/2022
• Amendment — effective from 2012-01-29 to 01/06/2019
• Amendment — effective from 2008-02-06 to 01/29/2012
• Amendment — effective from 2007-05-17 to 02/06/2008
• EMERGENCY RULE Amendment — effective from 2006-09-12 to 04/10/2007
• Periodic Refile — effective from 2002-01-02 to 05/17/2007

260-RICR-30-10-1 § 1.14 License Requirements

A.Company License:

1. An annual license is required under the provisions of R.I. Gen. Laws § 23-33-2.2 for any business entity engaged in the testing and inspecting, construction, servicing, maintenance, modernization, removal or repair of any device subject to the provisions of this code or R.I. Gen. Laws Chapter 23-33. The annual initial and renewal fee for company licenses shall be $240.00.

2. Company licenses shall be subject to suspension or revocation after a hearing before the Director of Labor and Training, and upon a finding by a preponderance of the evidence that a licensee has violated the terms and provisions of these Rules and Regulations or R.I. Gen. Laws Chapter 23-33.

B.Requirements

1.The following conditions shall be met prior to the issuance of a company license:

a. Registration with the Rhode Island Secretary of State indicating that the company does business within this State of Rhode Island;

b. Shall register the name and business address of the individual owner with the names and business addresses of the corporate officers with the Rhode Island Department of Labor and Training;

c. Shall register a list of the types of equipment installed, constructed, maintained, repaired, or serviced with the Rhode Island Department of Labor and Training;

d. Register a list of any other current state or municipal licenses held and description of same with the Rhode Island Department of Labor and Training;

e. Coverage by a liability insurance policy or self-insurance in an amount not less than $500,000; proof of insurance or adequacy of self-insurance shall be filed at the time of initial license or renewal application;

f. Licensure by all employees of said business entities as required by R.I. Gen. Laws § 23-33-2.3 and filing of said employees' names and license types and numbers with the Chief Elevator Inspector;

g. For companies created after July 1, 1992 at least (1) owner or (1) corporate officer shall have a minimum of ten (10) years of experience in the installation, construction, servicing, maintenance, modernization, removal or repair of any device subject to the provisions of this code or R.I. Gen. Laws Chapter 23-33.

C. Individual Licenses/Permit (Mechanic and Authorized Inspector):

1.An annual license is required under the provisions of R.I. Gen. Laws § 23-33-2.3 for any person employed in the installation, construction, maintenance, modernization, removal or repair of any device subject to the provisions of this Code or of R.I. Gen. Laws Chapter 23-33 requirements for individual license.

2.A permit is required under the provisions of R.I. Gen. Laws § 23-33-5 for any person to act as an Authorized Inspector.

D.Requirements

1.The following conditions shall be met prior to the issuance of a mechanic’s license or an authorized inspector permit:

a. Passage of a written examination with a score of not less than 70% on the mechanic’s license examination.

b. Completion of a Department registered elevator apprenticeship mechanic’s program or an apprenticeship program registered in a reciprocal jurisdiction under direct supervision with a licensed mechanic;

c. Payment of a fee;

d. Licenses issued by any foreign licensing authority shall not authorize work on an elevator or other device subject to the provisions of this Code or R.I. Gen. Laws Chapter 23-33; and

e. Individual Licenses may be suspended by the Chief until a hearing before the Director is held to determine if the suspension is to be lifted or the license is revoked.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-01-06 to 01/04/2022
• Amendment — effective from 2012-01-29 to 01/06/2019
• Amendment — effective from 2008-02-06 to 01/29/2012
• Amendment — effective from 2007-05-17 to 02/06/2008
• EMERGENCY RULE Amendment — effective from 2006-09-12 to 04/10/2007
• Periodic Refile — effective from 2002-01-02 to 05/17/2007

260-RICR-30-10-2 Boiler and Pressure Vessel Inspection

260-RICR-30-10-2 § 2.1 AUTHORITY

A.This Regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws §§ 28-25-5 and 28-25-9.

History

• Amendment — effective from 2025-12-24 to current
• Periodic Refile — effective from 2022-01-04 to 12/24/2025
• Amendment — effective from 2019-04-28 to 01/04/2022
• Amendment — effective from 2018-10-11 to 04/28/2019
• Amendment — effective from 2011-12-12 to 10/11/2018
• Amendment — effective from 2011-08-03 to 12/12/2011
• Amendment — effective from 2008-02-06 to 08/03/2011
• Amendment — effective from 2004-04-07 to 02/06/2008
• Amendment — effective from 2003-04-27 to 04/07/2004
• Amendment — effective from 2003-01-07 to 04/27/2003
• EMERGENCY RULE Adoption — effective from 2002-09-11 to 01/07/2003
• Periodic Refile — effective from 2002-01-02 to 09/11/2002

260-RICR-30-10-2 § 2.2 PURPOSE

A.To provide the public with information pertaining to the inspection of boilers and pressure vessels.

History

• Amendment — effective from 2025-12-24 to current
• Periodic Refile — effective from 2022-01-04 to 12/24/2025
• Amendment — effective from 2019-04-28 to 01/04/2022
• Amendment — effective from 2018-10-11 to 04/28/2019
• Amendment — effective from 2011-12-12 to 10/11/2018
• Amendment — effective from 2011-08-03 to 12/12/2011
• Amendment — effective from 2008-02-06 to 08/03/2011
• Amendment — effective from 2004-04-07 to 02/06/2008
• Amendment — effective from 2003-04-27 to 04/07/2004
• Amendment — effective from 2003-01-07 to 04/27/2003
• EMERGENCY RULE Adoption — effective from 2002-09-11 to 01/07/2003
• Periodic Refile — effective from 2002-01-02 to 09/11/2002

260-RICR-30-10-2 § 2.3 INCORPORATED MATERIALS

A.These Regulations hereby adopt and incorporate code of rules published by the American Society of Mechanical Engineers including the “Controls and Safety Devices for Automatically Fired Boilers” (ASME CSD-1:2024) and the “Boiler & Pressure Vessel Code” (BPVC) (Edition 2025), and the National Board of Boiler and Pressure Vessel Inspectors (Edition 2025) 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 2025-12-24 to current
• Periodic Refile — effective from 2022-01-04 to 12/24/2025
• Amendment — effective from 2019-04-28 to 01/04/2022
• Amendment — effective from 2018-10-11 to 04/28/2019
• Amendment — effective from 2011-12-12 to 10/11/2018
• Amendment — effective from 2011-08-03 to 12/12/2011
• Amendment — effective from 2008-02-06 to 08/03/2011
• Amendment — effective from 2004-04-07 to 02/06/2008
• Amendment — effective from 2003-04-27 to 04/07/2004
• Amendment — effective from 2003-01-07 to 04/27/2003
• EMERGENCY RULE Adoption — effective from 2002-09-11 to 01/07/2003
• Periodic Refile — effective from 2002-01-02 to 09/11/2002

260-RICR-30-10-2 § 2.4 DEFINITIONS

A.“Act” means the Boiler and Pressure Vessel Safety Act which was enacted as R.I. Gen. Laws Chapter 28-25.

B.“Administrator” means the Administrator of the Division of Occupational Safety is appointed by the Director of Labor and Training and is responsible for implementation and enforcement of all provisions under R.I. Gen. Laws Chapter 28-20. For purposes of these Regulations, and consistent with the organizational structure of the Department of Labor and Training, duties assigned by statute to the “Administrator” may be performed by the “Chief Inspector” when expressly delegated by the Director, consistent with R.I. Gen. Laws § 28-25-3. Nothing in this Part alters the statutory assignment of authority or precludes future appointment of an Administrator.

C.“Alteration” means a change in any item described on the original Manufacturer's Data Report which affects the pressure capability of the boiler or pressure vessel. Non-physical changes such as an increase in the maximum allowable working pressure (internal or external) or design temperature of a boiler or pressure vessel shall be considered an alteration. A reduction in minimum temperature such that additional mechanical tests are required shall also be considered an alteration.

D.“API-ASME code” means the American Petroleum Institute (API) in conjunction with the ASME Code as used in these Rules and Regulations shall mean the Code for unfired pressure vessels for petroleum liquids and gases.

E.“Approved” means approved by the Code Commission for Occupational Safety and Health.

F.“ASME Code” means the American Society of Mechanical Engineers (ASME), including addenda and code cases, approved by the associated ASME board.

G.“Authorized inspection agency” means any of the following:

1.a department or division established by a jurisdiction which has adopted and does administer one or more sections of the ASME Code, one of which shall be Section I as a legal requirement, and whose inspectors hold valid commissions issued by The National Board of Boiler and Pressure Vessel Inspectors; or

2.an insurance company which has been licensed or registered by the appropriate authority of a State of the United States or a Province of Canada to write and does write boiler and pressure vessel insurance and to provide inspection service of boilers and pressure vessels in such State or Province.

H.“Boiler” means a closed vessel in which water or other liquid is heated, steam or vapor is generated, steam or vapor is superheated, or any combination thereof, under pressure or vacuum, for use external to itself, by the direct application of energy from combustion of fuels, electricity or solar energy. The term boiler includes fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and complete within themselves. The term boiler also shall include the apparatus used by which heat is generated and all controls and safety devices associated with such apparatus or the closed vessels.

1.“Electric boiler” means a power boiler or heating boiler in which the source of heat is electricity.

2.“Heating boiler” means a steam or vapor boiler operating at a pressure not exceeding 15 psi steam pressure or a hot water boiler in which water or other fluid is heated and intended for operation at pressures not exceeding 160 psi or temperatures not exceeding 250 degrees Fahrenheit.

3.“High pressure boiler” or “High-temperature boiler” means a boiler in which water, oil, or other fluid is heated and intended for operation at pressures more than 160 psi and/or temperatures in more than 250 degrees Fahrenheit.

4.“Hot water supply boiler” means a boiler filled with water used for storage and/or supply of hot water to be used externally to itself at pressures not exceeding 160 psi or at temperatures not exceeding 250 degrees Fahrenheit at or near the boiler outlet.

5.“Miniature boiler” means a power boiler or high-temperature water boiler which does not exceed the following limits:

a.16" inside diameter of shell;

b.20 sq. ft. heating surface (not applicable to electric boilers);

c.5 cu. ft. gross volume exclusive of casing and insulation; and

d.100 psi maximum allowable working pressure.

6.“Portable boiler” means a boiler which is primarily intended for temporary location and the construction and usage permits it to be readily moved from one location to another.

7.“Power boiler” means a boiler in which steam or other vapor is generated at a pressure of more than 15 psi.

8.“Unfired power boiler” means an unfired steam or other vapor generating system using heat from the operation of a processing system or other indirect heat source.

I.“Certificate inspection” means an inspection, the report of which is used by the Administrator or Chief Inspector as justification for issuing, withholding or revoking the inspection certificate. This certificate inspection shall be an internal inspection when required; otherwise, it shall be as complete an inspection as possible.

J.“Certificate of competency” means the qualification required by R.I. Gen. Laws § 28-25-4, satisfied by either (a) passing a written examination approved by the Administrator, or (b) holding a commission certificate/card issued by the National Board of Boiler and Pressure Vessel Inspectors, or (c) holding a commission certificate/card from another US state with standards of examination equal to those of Rhode Island.

K.“Certificate of inspection” means a certificate issued by the Administrator or Chief Inspector for the operation of a boiler, pressure vessel or nuclear system as required by the Act.

L.“Chief inspector” means the Chief Boiler and Pressure Vessel Inspector in the Division of Occupational Safety appointed by the Director of Labor and Training and charged to administer and implement the provisions of this Chapter. The Chief Inspector is responsible to the Administrator of Occupational Safety as outlined in R.I. Gen. Laws § 28-25-3.

M.“Commission” means the authorization issued by the Administrator of the Division of Occupational Safety, acting through the Chief Inspector, for a person to act as an authorized inspector in Rhode Island pursuant to R.I. Gen. Laws § 28-25-4. The Commission is evidenced by a Commission Card and is valid until termination of the inspector’s employment, subject to annual registration/renewal as required by statute.

N.“Commission Card” means the physical or electronic credential issued by the Department of Labor and Training that evidences a Rhode Island Commission and displays the inspector’s name, employer, commission/license number, and expiration date.

O.“Commission-National Board” means the commission issued by The National Board of Boiler and Pressure Vessel Inspectors to a holder of a certificate of competency who desires to make shop inspections or field inspections in accordance with the National Board Bylaws and whose employer submits the inspector's application to the National Board for such commission.

P.“Code commission” means the State of Rhode Island Code Commission on Occupational Safety and Health.

Q.“Condemned boiler” and “Condemned pressure vessel” means a boiler or pressure vessel that has been inspected and declared unsafe, or disqualified by legal requirements, by an inspector and a stamping or marking designating its condemnation has been applied by the Chief or Authorized Inspector.

R.“Director” means the Director of Labor or his duly authorized representative.

S.“Division” means the Division of Occupational Safety within the State Department of Labor.

T.“External inspection” means an inspection made when a boiler or pressure vessel is in operation, if possible.

U.“Inspector” means the Chief Inspector, or any Authorized Inspector, or Owner-User Inspector.

1.“Authorized inspector” means an Inspector employed by the State of Rhode Island or an Authorized Insurance Company holding a National Board Inservice Commission, and who is regularly employed by the State or an Insurance Company authorized to insure against loss from explosion of boilers or pressure vessels in this State.

2.“Chief inspector” means the Chief Boiler and Pressure Vessel Inspector appointed under the Act.

3.“Owner-user inspector” means an Inspector who holds a valid National Board Owner-User Commission.

V.“Internal inspection” means as complete an examination as can reasonably be made of the internal and external surfaces of a boiler or pressure vessel while it is shut down and manhole plates, handhole plates or other inspection opening closures are removed as required by the inspector.

W.“Jurisdiction” means a State, commonwealth, county or municipality of the United States or a Province of Canada which has adopted one or more sections of the ASME Code, one of which is Section I, and maintains a duly constituted department, bureau or division for the purpose of enforcement of such Code.

X.“Lined potable water heater boiler” means a water heater with a corrosion resistant lining used to supply potable hot water.

Y.“National Board” means the National Board of Boiler and Pressure Vessel Inspectors, (NB) l055 Crupper Avenue, Columbus, Ohio 43229, whose membership is composed of the Chief Inspectors of jurisdictions who are charged with the enforcement of the provisions of the ASME Code.

Z.“National Board inspection code” means the manual for boiler and pressure vessel inspectors published by the National Board from which copies may be obtained.

AA.“Nonstandard boiler or pressure vessel” means a boiler or pressure vessel that does not bear the ASME stamp, the API-ASME stamp, or the stamp of any jurisdiction which has adopted a standard of construction equivalent to that required by the Department.

BB.“Owner” or “User” means any person, firm or corporation legally responsible for the safe installation, operation and maintenance of any boiler or pressure vessel within the jurisdiction.

CC.“Owner-user inspection agency” means an owner or user of pressure vessels who maintains a regularly established inspection department, whose organization and inspection procedures meet the requirements of the National Board rules and are acceptable to the Division.

DD.“Pressure vessel” means a vessel in which the pressure is obtained from an external source, or by the application of heat from an indirect source.

EE.“PSI” means pounds per square inch gauge.

FF.“Reinstalled boiler” or “Reinstalled pressure vessel” means a boiler or pressure vessel removed from its original setting and reinstalled at the same location or at a new location without change or ownership.

GG.“Relief valve” means a pressure relief valve actuated by inlet static pressure having a gradual lift generally proportional to the increase in pressure over opening pressure. It may be provided with an enclosed spring housing suitable for closed discharge system application and is primarily used for liquid service.

HH.“Repair” means the work necessary to restore a boiler or pressure vessel to a safe and satisfactory condition, provided there is no deviation from the original design.

II.“Repair of pressure relief valve” means the replacement, re-machining or cleaning of any critical part, lapping of seat and disk or any other operation which may affect the flow passage, capacity function or pressure retaining ability of the valve. Disassembly, reassembly and/or adjustments which affect the pressure relief valve function are also considered a repair.

JJ.“Safety relief valve” means a pressure relief valve characterized by rapid opening or pop action, or by opening in proportion to the increase in pressure over opening pressure, depending on application.

KK.“Safety valve” means a pressure relief valve actuated by inlet static pressure and characterized by rapid opening or pop action.

LL.“Second-hand boiler” or “Second-hand pressure vessel” means a boiler or pressure vessel which has changed both location and ownership since primary use.

MM.“Standard boiler” or “Standard pressure vessel” means a boiler or pressure vessel which bears the stamp of this State, the ASME stamp, the API-ASME stamp, both the ASME and National Board stamp, or the stamp of another jurisdiction which has adopted a standard of construction equivalent to that required by the Board.

NN.“Water heater boiler” means a closed vessel used exclusively to supply potable water which is heated by the combustion of fuels, electricity or any other source and withdrawn for use external to the system at pressures not exceeding 160 psi and shall include all controls and devices necessary to prevent water temperatures from exceeding 210 degrees Fahrenheit as well as storage vessel connected to the water.

History

• Amendment — effective from 2025-12-24 to current
• Periodic Refile — effective from 2022-01-04 to 12/24/2025
• Amendment — effective from 2019-04-28 to 01/04/2022
• Amendment — effective from 2018-10-11 to 04/28/2019
• Amendment — effective from 2011-12-12 to 10/11/2018
• Amendment — effective from 2011-08-03 to 12/12/2011
• Amendment — effective from 2008-02-06 to 08/03/2011
• Amendment — effective from 2004-04-07 to 02/06/2008
• Amendment — effective from 2003-04-27 to 04/07/2004
• Amendment — effective from 2003-01-07 to 04/27/2003
• EMERGENCY RULE Adoption — effective from 2002-09-11 to 01/07/2003
• Periodic Refile — effective from 2002-01-02 to 09/11/2002

260-RICR-30-10-2 § 2.5 ADMINISTRATION

2.5.1Minimum Construction Standards for Boilers and Pressure Vessels:

A.All boilers, pressure vessels, water heaters and storage tanks, unless otherwise exempt, shall be registered with the Department of Labor and Training. All new boilers, pressure vessels, water heaters, and storage tanks unless otherwise exempt, to be operated in this jurisdiction, shall be designed, constructed, inspected, stamped and installed in accordance with the 2025 ASME Code, incorporated above at § 2.3 of this Part, and the latest addenda including code cases in effect, and these Rules and Regulations. Boilers and pressure vessels for which an ASME Manufacturers' Data Report is required shall bear the manufacturer's "NB" number as registered with the National Board. A copy of the Manufacturers' Data Report, signed by the manufacturer's representative and the National Board commissioned inspector shall be filed with the Chief Inspector through the National Board.

B.State Special - If, due to a valid impediment to full ASME Code compliance, a boiler or pressure vessel cannot bear the ASME and National Board stamping, details in the English language and United States customary units of the proposed construction material specifications and calculations approved by a Registered Professional Engineer experienced in boiler and pressure vessel design shall be submitted to the Chief Inspector by the owner or user for approval as "State Special" which must be obtained from the Chief Inspector before construction is started.

C.Before a second-hand boiler or pressure vessel, is installed, a new installation application for permission to install shall be filed by the owner or user with the Chief Inspector and his approval obtained.

D.The following shall be exempt from the 2025 ASME Code construction requirements of § 2.5.1(A) of this Part.

1.Water heaters and water storage tanks where none of the following limitations are exceeded:

a.Heat input of 200,000 BTU/Hr;

b.Water temperature of 210 degrees Fahrenheit; and

c.Nominal water capacity of 120 gallons; except that they shall be provided with one or more safety relief valves meeting the requirements of § 2.7.6 of this Part.

2.Continuous coil type hot water boilers used only for "steam vapor" cleaning of such things as machinery, equipment and building when none of the following limitations are exceeded:

a.3/4" diameter tubing or pipe size with no drums or headers attached;

b.Nominal water containing capacity does not exceed six (6) gallons;

c.Water temperature does not exceed 350 degrees Fahrenheit; and

d.Steam is not generated within the coil, except that they shall be provided with one or more safety relief valves meeting the requirements of § 2.6.6 of this Part.

3.In any circumstances other than the above, the owner or user shall contact the Chief Inspector.

2.5.2Frequency of Inspections of Boilers and Pressure Vessels

A.Power boilers and high-pressure, high temperature water boilers shall receive an inspection annually which shall be an internal inspection where construction permits; otherwise, it shall be as complete an inspection as possible. Such boilers shall also be inspected externally annually while under normal operating conditions.

B.Low pressure boilers, hot water heaters, and hot water storage tanks shall receive an inspection biennially.

1.Steam or vapor boilers shall have an external inspection biennially and may have an internal inspection, if deemed necessary, at the discretion of the inspector and shall include the function of all controls and safety devices.

2.Hot water heating and hot water supply boilers shall have an external inspection biennially and where construction permits, an internal inspection at the discretion of the inspector.

3.Water Heater boilers including hot water storage tanks shall have an external inspection biennially and shall include the function of all controls and devices.

C.Except as provided for in §§ 2.5.2(D) and (E) of this Part, unfired pressure vessels shall receive an inspection triennially. This inspection shall be internal where construction permits. Pressure vessels not subject to internal corrosion shall be inspected externally.

D.Pressure vessels that are under the supervision of an owner-user inspection agency shall be inspected at the same interval unless otherwise agreed upon by the Chief Inspector with that Agency.

E.Based upon documentation of safe service conditions by the owner or user of the operating equipment and after an external inspection by the Chief Inspector, said Chief Inspector may, in his discretion, permit variations in the inspection frequency requirements as provided in these Rules and Regulations.

2.5.3Notification of Inspection

A.Certificate inspection, as required in § 2.5.2 of this Part, shall be carried out by the authorized insurance inspector prior to the expiration date of the certificate at a time mutually agreeable to the inspector and owner or user of new or existing or reinstalled boilers/pressure vessels.

B.External inspections may be performed by the inspector during reasonable hours and shall not require prior notification in accordance with R.I. Gen. Laws § 28-25-7.

C.When as a result of an external inspection or determined by other objective means, it is the inspector's opinion that continued operation of the boiler or pressure vessel constitutes a menace to public safety, the inspector may request an internal inspection or an appropriate pressure test or both to evaluate conditions. In such instances the owner or user shall prepare the boiler or pressure vessel for such inspections or tests as the inspector designates in accordance with R.I. Gen. Laws § 28-25-7.

2.5.4Qualifications for Rhode Island Commission to serve as an Authorized Inspector

A.An applicant for a Rhode Island Commission to serve as an Authorized Inspector must hold a certificate of competency as defined in § 2.4(J) of this Part demonstrated by one of the following:

1.Passing a written examination approved by the Administrator;

2.Holding a National Board Commission Certificate/Card (certificate of competency); or

3.Holding a commission certificate from a foreign U.S. state whose standards are equal to Rhode Island.

B.Written examination approved by the Administrator

1.Examination for an inspector's Rhode Island Commission may be held at the office of the Division or at any other location to be selected by the Administrator. An applicant for an examination shall have education and experience equal to at least one of the following:

a.a degree in mechanical engineering plus one year of experience in design, construction, operation or inspection of high-pressure boilers and pressure vessels;

b.a degree in a branch of engineering, other than mechanical engineering or an associate degree in mechanical technology plus two years of experience in design, construction, operation inspection of high pressure boilers and pressure vessels;

c.the equivalent of a high school education plus three years of experience:

(1)in high pressure boiler and pressure vessel construction or repair; or

(2)as an operating engineer in charge of high-pressure boiler operation; or

(3)as an inspector of high-pressure boilers and pressure vessels.

2.Applications for examination shall be in writing on a form to be furnished by the Administrator stating the education of the applicant, a list of his employers, his period of employment and position held with each employer. Applications containing willful falsifications or untruthful statements shall be cause for rejection. Applications shall be submitted to the Chief Inspector at least 45 days prior to the date of examination.

3.If the applicant's education and experience are acceptable to the Administrator, he shall be given a written examination dealing with the design, construction, maintenance and repair of boilers and pressure vessels and their appurtenances, and the applicant shall be accepted or rejected on the merits of this examination. If the applicant is successful in meeting the requirements of the Division, a certificate of competency will be issued by the Administrator, when the applicant is employed by an authorized inspection agency. Upon the expiration of 90 days, an applicant who failed to pass the examination will be permitted to take another written examination and his acceptance or rejection will be determined by the Administrator on the basis of this examination.

C.Commission Certificate/Card issued by National Board of Boiler and Pressure Vessel Inspectors

1.Applicants possessing a National Board of Boiler and Pressure Vessel Inspector commission certificate/card may request a Rhode Island Commission by submitting the request in writing to the State of Rhode Island Boiler Unit located at 1511 Pontiac Avenue, Cranston, RI 02920. The letter shall include a copy of his or her current National Board of Boiler and Pressure Vessel Inspector commission certificate/card and the appropriate fee as noted in § 2.5.5 of this Part.

D.Commission Certificate/Card issued by Foreign Jurisdictions

1.Applicants possessing a commission card from a foreign US state may request a Rhode Island Commission by submitting the request in writing to the State of Rhode Island Boiler Unit located at 1511 Pontiac Avenue, Cranston, RI 02920. The letter shall include a copy of his or her current foreign US state commission card and the appropriate fee as noted in § 2.5.5 of this Part.

E.Upon verification of credentials and employment by an authorized inspection agency, the Administrator, through the Chief Inspector, may issue a Rhode Island Commission, evidenced by a Commission Card as defined in §§ 2.4(M)-(N) of this Part.

F.The Chief Inspector may, in connection with any application for a new or renewal commission, require the applicant to participate in an interview, inspector training, or other form of professional dialogue as deemed necessary to assess qualifications, clarify application materials, or ensure compliance with applicable standards.

G.A Commission may be suspended or revoked by the Administrator after due investigation and recommendation by the Chief Inspector for adequate and just cause. Written notice of any such suspension shall be given by the Administrator, within not more than 10 days, to the inspector and his employer. Persons whose Commissions have been suspended or revoked shall be entitled to an appeal to the Administrator as provided for in the Act and to be present in person and represented by counsel at the hearing of the appeal.

H.Commissioned inspectors are responsible for familiarizing themselves with these Rules and Regulations as well as the applicable provisions of Rhode Island General Laws Chapter 28-25 (Boiler Inspection and Pressure Vessels). These materials are available on the Department’s website at http://dlt.ri.gov/wrs/occupationalsafety/.

2.5.5Commission Fees

A.A fee of sixty-dollars ($60.00) will be charged for each applicant taking the examination for a certificate of competency or to each applicant for a Commission as outlined in §§ 2.5.4(C)-(D) of this Part. A sixty-dollar ($60.00) check or money order shall be made payable to “RI Dept. of Labor and Training – Boiler Unit”.

2.5.6Annual Registration and Renewal Commission

A.Each person holding a valid Commission Card for the purpose of conducting inspections as provided by the Act shall apply to the Administrator or Chief Inspector to obtain a renewal Commission Card annually, not later than March 31 of each year. The renewal application shall include a copy of the inspector’s RI Commission Card, foreign state commission or national board commission along with a fee of thirty ($30.00) by check or money order made payable to “RI Dept. of Labor and Training – Boiler Unit”.

2.5.7Conflict of Interest

A.An inspector shall not engage in the sale of any services, article or device relating to boilers, pressure vessels, or their equipment.

2.5.8Inspection Reports to be Submitted by Inspectors

A.Inspection reports shall be submitted no later than five (5) business days after completion of the inspection.

2.5.9Insurance Companies to Notify Chief Inspector of New, Cancelled or Suspended Insurance on Boilers or Pressure Vessels

A.All insurance companies shall notify the Chief Inspector within five (5) business days of all boilers or pressure vessels on which insurance is written, cancelled, not renewed or suspended because of unsafe conditions.

2.5.10Authorized Inspectors to Notify Chief Inspector of Unsafe Boilers or Pressure Vessels

A.If an authorized inspector, upon first inspection of a new risk, finds that a boiler or pressure vessel or any equipment thereof, is in such condition that his company would refuse insurance or that it does not comply with jurisdictional rules, the company shall immediately notify the Chief Inspector and submit a report on the defects. If, upon inspection, an authorized inspector finds a boiler or pressure vessel to be unsafe for further operation, he shall promptly notify the owner or user, stating what repairs or other corrective measures are required to bring the object into compliance with these Rules and Regulations. Unless the owner or user makes such repairs or adopts such other corrective measures promptly, the authorized inspector shall immediately notify the Chief Inspector. Until such corrections have been made no further operation of the boiler or pressure vessel involved shall be permitted. If an inspection certificate for the object is required and is in force, it shall be suspended by the Chief Inspector. When re-inspection establishes that the necessary repairs have been made or corrective actions have been taken and that the boiler or pressure vessel is safe to operate, the Chief Inspector shall be notified by report. At that time an inspection certificate, where applicable, will be issued.

2.5.11Defective Conditions Disclosed at Time of External Inspection

A.If, upon an external inspection, there is evidence of a leak or crack, sufficient covering of the boiler or pressure vessel shall be removed to permit the inspector to satisfactorily determine the safety of the boiler or pressure vessel. If the covering cannot be removed at that time, he may order the operation of the boiler or pressure vessel stopped until such time as the covering can be removed and proper examination made.

2.5.12Owner or User to Notify Chief Inspector of Accident

A.When an accident occurs to a boiler, pressure vessel, power piping or process piping, the owner or user shall promptly notify the Chief Inspector by submitting a detailed report of the accident. In the event of a personal injury or any explosion, notice shall be given immediately by telephone, telegraph or messenger, and neither the boiler, pressure vessel, power piping or process piping, nor any parts thereof, shall be removed or disturbed before permission has been granted by the Chief Inspector, except for the purpose of saving human life and limiting consequential damage.

2.5.13Inspection Certificate and Inspection Fees

A.Certificate Inspection by Authorized Insurance Inspectors or State Inspectors

1.If, after inspection by an authorized insurance inspector or state inspector, a boiler or pressure vessel is found to be safe and in conformance with these Rules and Regulations, the owner, user, authorized inspection insurance agency, or insurance agency shall pay directly to the jurisdiction a biennial certificate fee of sixty ($60.00) dollars for each boiler which shall include hot water heaters. A triennial certificate fee of forty-five ($45.00) shall be assessed for each unfired pressure vessel inspected under the provisions of R.I. Gen. Laws Chapter 28-25.

B.Certificate Inspection by Authorized Owner/User Inspection Agency

1.If a boiler or pressure vessel after inspection, by an authorized owner/user inspection agency is found to be suitable and to conform to these Rules and Regulations, the owner, user, authorized inspection insurance agency, or insurance agency shall pay directly to the jurisdiction a fee of sixty dollars ($60.00) for each boiler or pressure vessel required to be inspected under the Act upon which an inspection certificate shall be issued in accordance with R.I. Gen. Laws §§ 28-25-10 and 28-25-11. Checks and money orders for payment of inspection certificate fees should be made payable to the Department of Labor, Division of Occupational Safety, Boiler Unit.

C.Certificate Inspection by State Inspector

1.The owner or user of a boiler or pressure vessel required by this Act to be inspected by the Chief Inspector, or by an authorized State inspector, shall pay directly to the Division of Occupational Safety, upon completion of inspection, fees in accordance with the following schedule:

2.Power boilers and high pressure, high temperature water boilers: $96.00

a.External Inspections Fees: $60.00

3.Heating Boilers

a.Certificate and Inspection Fees: $60.00 Biennially

(1)A fee shall be assessed for inspections of boilers and storage tanks at the same location not to exceed $240.00 biennially per location.

4.For boilers where the only source of heat is electrical energy, the fee shall be $60.00 biennially.

5.Pressure Vessels

a.Certificate and Inspection Fees

(1)Each pressure vessel shall be subject to inspection every three (3) years and shall be charged at a rate of $45.00.

(2)A group of pressure vessels, such as the rolls of a paper machine or dryer operating as a single machine or unit, shall be considered as one pressure vessel.

(3)Not more than one fee shall be charged or collected for any and all inspections as above of any pressure vessels in any required inspection period except as provided below.

6.Hydrostatic tests

a.When it is necessary to make a special trip to witness the application of a hydrostatic test, an additional fee based on the scale of fees outlined in § 2.5.13(C)(7) of this Part below shall be charged.

7.All other inspections, including reviews and surveys, shop inspections, special inspections, and inspections of second-hand or used boilers, or pressure vessels made by the Chief Inspector or authorized inspector employed by the State of Rhode Island shall be charged at the rate of not less than $190.00 for 1/4 day (2 Hrs.), $275.00 1/2 day (4 Hrs.), or $500.00 for one full day, including travel time, plus all expenses, including traveling, meals and lodging, where applicable. Minimum charge shall be 1/4 day ($190.00).

D.Disposition of fees - The Administrator or Chief Inspector shall account for and transfer all fees so received to the Treasurer of the State.

E.If the owner or user of a boiler or pressure vessel or system, which is required to be inspected refuses to allow an inspection to be made or refuses to pay the fee stipulated with this code of regulation, the inspection certificate shall be suspended by the Chief Inspector until the owner or user complies with the requirements.

F.The owner or user who causes a boiler or pressure vessel or system to be operated without a valid certificate shall be subject to the penalty as provided for in the Act.

G.Fees for Services

1.Hydrostatic tests by state inspections $100.00

2.Repair and alteration permit $100.00

3.Return visits for violations/charged to contractors $100.00

4.Return check fee $25.00

5.Overdue invoices $25.00 yearly

6.Certificate replacement fee $10.00

7.Portable boiler permits $300.00

2.5.14Validity of Inspection Certificate

A.An inspection certificate, issued in accordance with § 2.5.13 of this Part shall be valid until expiration unless some defect or condition affecting the safety of the boiler or pressure vessel is disclosed.

2.5.15Restamping Boilers and Pressure Vessels

A.When the stamping on a boiler or pressure vessel becomes indistinct, the inspector shall instruct the owner or user to have it re-stamped. Request for permission to re-stamp the boiler or pressure vessel shall be made to the Chief Inspector and proof of the original stamping shall accompany the request. The Chief Inspector may grant such authorization. Re-stamping authorized by the Chief Inspector shall be done only in the presence of an authorized inspector and shall be identical with the original stamping except for the ASME Code Symbol Stamp. Notice of completion of such stamping shall be filed with the Chief Inspector by the inspector who witnessed the stamping on the boiler or pressure vessel together with a facsimile of the stamping applied.

2.5.16Penalty for Operation of Unsafe Boilers or Pressure Vessels

A.If, upon inspection, a boiler or pressure vessel is found to be in such condition that it is unsafe to operate, the inspector shall notify the Chief Inspector, and the inspection certificate may be suspended by the Chief Inspector.

B.Any person, firm, partnership or corporation causing such objects to continue to be operated shall be subject to the penalty provided in the Act.

2.5.17Condemned Boilers and Pressure Vessels

A.Any boiler or pressure vessel having been inspected and declared unfit for further service by an inspector shall be permanently stamped by the Chief Inspector on either side of the boiler or pressure vessel with “DO NOT OPERATE” signage approved by the Department of Labor and Training. Records of condemned boilers or pressure vessels shall be reflected in the boiler registration database.

B.Any person, firm, partnership, or corporation using or offering for sale a condemned boiler or pressure vessel for operation within this State shall be subject to the penalties provided by the Act.

2.5.18Reinstallation of Boilers or Pressure Vessels

A.When a standard boiler or pressure vessel located in this jurisdiction is to be moved outside the jurisdiction for temporary use or for repair, alteration, or modification, a new installation application shall be made by the owner or user to the Chief Inspector for permission to reinstall the boiler or pressure vessel in the jurisdiction. When a non-standard boiler or pressure vessel is removed from this State, it shall not be reinstalled within this State.

2.5.19Installation, Operation, Sale or Offering for Sale of Non-Standard Boilers or Pressure Vessels

A.The installation, operation, sale or the offering for sale of non-standard boilers or pressure vessels in this jurisdiction is prohibited without permission from the Chief Inspector.

2.5.20Working Pressure for Existing Installations

A.Any authorized inspector may decrease the working pressure on any existing installation if the condition of the boiler or pressure vessel warrants it. If the owner or user does not concur with the inspector's decision, the owner or user may appeal to the Chief Inspector who may request a joint inspection with the authorized inspector. The Chief Inspector shall render the final decision, based upon the data contained in the inspector's reports.

2.5.21Repairs and Alterations to Boilers & Pressure Vessels

A.Repairs and alterations to boilers and pressure vessels shall be made in accordance with the rules of the National Board Inspection Codes (2025 Edition) incorporated above at § 2.3 of this Part. Repairs shall be made by a repair organization having one of the following types of authorization:

1.an organization in possession of a valid Certificate of Authorization for use of the "R" Symbol Stamp, issued by the National Board.

2.an organization in possession of a valid ASME Certificate of Authorization provided such repairs are within the scope of the organization's Quality Control System.

3.an organization working within the State provided authorization for the organization to perform such repairs has been issued by the Chief Inspector.

B.Alterations to a boiler or pressure vessel shall be made by an organization in possession of a valid ASME Certificate of Authorization.

2.5.22Requirements for Installations

A.In accordance with R.I. Gen. Laws § 28-25-10, any person erecting or installing a new, second-hand, or reinstalled boiler or pressure vessel shall first make application for a permit to install to the Division of Occupational Safety, Boiler Unit. A permit fee of one hundred twenty dollars ($120.00) will be required for all heating boilers, water heaters, or storage hot water supply (low pressure) and a fee of three hundred dollars ($300.00) for all power boilers (high pressure). The installer of such installations must attach a photocopy of his/her license and record his/her Pipefitter Master license number or Master Plumber license number or other license number applicable for the installation on the permit application.

B.All new and second-hand item installations shall comply with the general requirements of these Regulations. In addition, applicable sections of these Regulations that pertain to the specific requirements for items falling into categories outlined in § 2.5.3 of this Part, shall be followed.

1.No boiler or pressure vessel shall hereafter be installed in this State unless it has been constructed in accordance with ASME Code, incorporated above, registered with the National Board and installed in conformity with these Rules and Regulations except:

a.those exempt by the Act;

b.those outlined in § 2.5.1(B) of this Part

2.The stamping shall not be concealed by lagging or paint and shall be exposed at all times unless a suitable record is kept of the location of the stamping so that it may be readily uncovered at any time this may be desired.

3.Boilers and/or pressure vessels shall have a carbon monoxide detector installed in or immediately adjacent to the boiler room for all new, secondhand, and reinstalled item installation or when existing installation has any new item installations or repairs in accordance with the National Board of Boiler and Pressure Vessel Inspectors (Edition 2025), incorporated above at § 2.3 of this Part.

2.5.23Application of State Serial Numbers

A.Upon completion of the installation of a boiler or pressure vessel, or at the time of the initial certificate inspection of an existing installation each boiler or pressure vessel shall be identified by the inspector with a serial number of the State, consisting of letters and figures to be not less than 5/16 inch in height and arranged as follows:

B.All cast iron, low-pressure heating boilers shall have securely attached to the front of the boiler a corrosion resistant metal tag or suitable tag allowed by construction code which shall have the serial number of the State stamped thereon. All pressure vessels constructed of cast iron, or of material of such thickness that it should not be stamped, shall have securely attached a corrosion resistant metal tag and or suitable tag allowed by the construction code, which shall have the serial number of the State stamped thereon.

2.5.24Penalties

A.Any person, firm or corporation violating any of the provisions of these Rules and Regulations shall be charged with a violation and may be subject to a fine not to exceed $500.00 per day for each such violation. The Department of Labor shall impose said fine on the installer of new construction or the owner/user of existing boilers or pressure vessels as provided for in R.I. Gen. Laws § 28-25-16. Each day of such operation in violation of the provisions shall be considered a separate offense.

History

• Amendment — effective from 2025-12-24 to current
• Periodic Refile — effective from 2022-01-04 to 12/24/2025
• Amendment — effective from 2019-04-28 to 01/04/2022
• Amendment — effective from 2018-10-11 to 04/28/2019
• Amendment — effective from 2011-12-12 to 10/11/2018
• Amendment — effective from 2011-08-03 to 12/12/2011
• Amendment — effective from 2008-02-06 to 08/03/2011
• Amendment — effective from 2004-04-07 to 02/06/2008
• Amendment — effective from 2003-04-27 to 04/07/2004
• Amendment — effective from 2003-01-07 to 04/27/2003
• EMERGENCY RULE Adoption — effective from 2002-09-11 to 01/07/2003
• Periodic Refile — effective from 2002-01-02 to 09/11/2002

260-RICR-30-10-2 § 2.6 EXISTING INSTALLATION: POWER BOILERS

2.6.1Age Limit of Existing Boilers

A.The age limit of boilers of standard construction installed prior to the date this law became effective shall be dependent on thorough internal and external inspection and where required by the inspector, a hydrostatic pressure test not exceeding 1-1/2 times the allowable working pressure. If the boiler, under these test conditions, exhibits no distress or leakage, it may be continued in operation at the working pressure determined by the applicable provisions of the edition of the ASME Code under which they were constructed and stamped.

History

• Amendment — effective from 2025-12-24 to current
• Periodic Refile — effective from 2022-01-04 to 12/24/2025
• Amendment — effective from 2019-04-28 to 01/04/2022
• Amendment — effective from 2018-10-11 to 04/28/2019
• Amendment — effective from 2011-12-12 to 10/11/2018
• Amendment — effective from 2011-08-03 to 12/12/2011
• Amendment — effective from 2008-02-06 to 08/03/2011
• Amendment — effective from 2004-04-07 to 02/06/2008
• Amendment — effective from 2003-04-27 to 04/07/2004
• Amendment — effective from 2003-01-07 to 04/27/2003
• EMERGENCY RULE Adoption — effective from 2002-09-11 to 01/07/2003
• Periodic Refile — effective from 2002-01-02 to 09/11/2002

260-RICR-30-10-2 § 2.7 EXISTING INSTALLATION: PRESSURE VESSELS

2.7.1Repairs and Renewals of Fittings and Appliances

A.Whenever repairs are made to fittings and equipment or it becomes necessary to replace them, the work must comply with the requirements for new installations.

History

• Amendment — effective from 2025-12-24 to current
• Periodic Refile — effective from 2022-01-04 to 12/24/2025
• Amendment — effective from 2019-04-28 to 01/04/2022
• Amendment — effective from 2018-10-11 to 04/28/2019
• Amendment — effective from 2011-12-12 to 10/11/2018
• Amendment — effective from 2011-08-03 to 12/12/2011
• Amendment — effective from 2008-02-06 to 08/03/2011
• Amendment — effective from 2004-04-07 to 02/06/2008
• Amendment — effective from 2003-04-27 to 04/07/2004
• Amendment — effective from 2003-01-07 to 04/27/2003
• EMERGENCY RULE Adoption — effective from 2002-09-11 to 01/07/2003
• Periodic Refile — effective from 2002-01-02 to 09/11/2002

260-RICR-30-10-2 § 2.8 GENERAL REQUIREMENTS

2.8.1GR-1 Inspection of Boilers and Pressure Vessels

A.All boilers and pressure vessels not exempted by the Act or by rules and regulations promulgated under the Act and which are subject to regular inspections, shall be prepared for such inspections as required in § 2.8.2 of this Part.

B.Approved pressure vessels(hot water heaters listed by a nationally recognized testing agency), with approved safety devices including pressure temperature relief valve, with a nominal water containing capacity of one hundred twenty (120) gallons or less having a heat input of less than two hundred thousand (200,000) B.T.U. per hour, used solely for hot water supply at pressure of one hundred sixty (160) pounds per square inch or less, and at temperatures of two hundred ten degrees (210°) Fahrenheit or less, boilers having a heat input of less than 200,000 B.T.U. per hour, steam boilers having a generating capacity of less than 200 lbs. an hour provided; that such pressure vessels and boilers are not installed in places of public assembly such as schools, child care centers, public and private hospitals, nursing and boarding homes, churches, public buildings, or any similar place of public assembly (boilers which are less than 200,000 B.T.U. per hour or steam boilers which generate less than 200 lbs. per hour capacity and are included in these exemption categories will be considered residential type boilers and not subject to ASME-CSD-1 rules; these units must still conform to local code ordinance and manufacturer specifications for proper installation and use.). For purposes of this Section, the following definitions may apply:

1.“schools” and such other places of public assembly means every public, private, parochial or charter school recognized by any Rhode Island city or town school committee or by the Rhode Island Department of Education;

2.“child care centers” and such other places of public assembly means any Family Child Care Home, Group Family Care Home, Child Day Care Center and Child Day Care Center (School Age) as defined by the State of Rhode Island Department of Children, Youth and Families regulations for licensure (214-RICR-40-00-1);

3.“public and private hospitals” and such other places of public assembly means an Organized Ambulatory Care Facility-Freestanding, Ambulatory Surgery Center, a Freestanding Ambulatory Surgical Center, Emergency Care Facility, and a Hospital as defined by the State of Rhode Island Department of Health regulations for licensure for healthcare providers (see 216-RICR-40-10) and R.I. Gen. Laws § 23-17-1 et seq. and any mental health, substance abuse and developmental disability residential treatment facility licensed or certified by the Rhode Island Department of Behavioral Health Care, Developmental Disabilities and Hospitals and any Adult Day Care Center licensed by the Rhode Island Division of Elderly Affairs;

4.“nursing homes” and such other places of public assembly means Adult Day Care centers, Assisted Living Residences, Hospice Inpatient Facilities, Nursing Home Facilities and Rehabilitation Hospital Centers as defined by the State of Rhode Island Department of Health regulations for licensure (see 216-RICR-40-10) and R.I. Gen Laws § 23-17-1 et seq.;

5.“boarding homes” means a residential house in which one or more rooms are rented to members of the general public by the week or month and where lodgers receive laundry and cleaning services and at least one meal per day;

6.“churches” means a place of worship or location where a group of people or congregation comes to perform acts of religious study, honor or devotion;

7.“public buildings” means any building owned, leased or controlled in whole or in part by the State of Rhode Island or any agency or political subdivision thereof;

8.“similar place of public assembly” means those places specifically defined herein.

2.8.2GR-2 Preparation for Inspection

A.The owner or user shall prepare each boiler or pressure vessel for inspection and shall prepare for and apply a hydrostatic or pressure test, whenever necessary, on the date arranged by the inspector which shall not be less than seven (7) days after the date of notification.

1.Boilers - The owner or user shall prepare a boiler for internal inspection in the following manner:

a.Water shall be drawn off and the boiler washed thoroughly;

b.Manhole and hand-hole plates, washout plugs and inspection plugs in water column connections shall be removed as required by the inspector. The furnace and combustion chambers shall be cooled and thoroughly cleaned;

c.All grates of internally fired boilers shall be removed;

d.Insulation or brickwork shall be removed as required by the inspector in order to determine the condition of the boiler, headers, furnace, supports or other parts;

e.Prior to the inspection, the owner/user shall make any and all preparations with regards to asbestos containing materials which are necessary to provide proper access to equipment and to control exposure to asbestos fibers during the inspection. The required preparatory work shall be conducted in accordance with the provisions of the Rhode Island Rules and Regulations for Asbestos Control (216-RICR-50-15-1);

f.The pressure gage shall be removed for testing as required by the inspector;

g.Any leakage of steam or hot water into the boiler shall be prevented by disconnecting the pipe or valve at the most convenient point or any appropriate means approved by the inspector;

h.Before opening the manhole or hand-hole covers and entering any parts of the steam generating unit connected to a common header with other boilers, the non-return and steam stop valves must be closed, tagged, and padlocked, and drain valves or cocks between the two valves opened. The feed valves must be closed, tagged, and padlocked, and drain valves or cocks located between the two valves opened. After draining the boiler, the blow-off valves shall be closed, tagged and padlocked. Blow-off lines, where practicable, shall be disconnected between pressure parts and valves. All drains and vent lines shall be opened.

2.Pressure Vessels - Pressure vessels shall be prepared for inspection to the extent deemed necessary by the inspector and the applicable procedures outlined in § 2.8.2(A)(1) of this Part

2.8.3GR-3 Boilers and Pressure Vessels Improperly Prepared for Inspection

A.If a boiler or pressure vessel has not been properly prepared for an internal inspection, or if the owner or user fails to comply with the requirements for a pressure test as set forth in these Rules, the inspector may decline to make the inspection or test and the inspection certificate shall be withheld or right to operate revoked, until the owner or user complies with the requirements.

2.8.4GR-4 Removal of Covering to Permit Inspection

A.If the boiler or pressure vessel is jacketed so that the longitudinal seams of shells, drums or domes cannot be seen, sufficient jacketing, setting wall, or other form of casing or housing shall be removed to permit reasonable inspection of the seams and other areas necessary to determine the condition and safety of the boiler or pressure vessel, provided such information cannot be determined by other means.

2.8.5GR-16 Suggestions for Operations

A.It is suggested that the Recommended Rules for Care of Power Boilers, Section VII and the Recommended Rules for Care and Operation of Heating Boilers, Section VI of the ASME Code incorporated above at § 2.3 of this Part, be used as a guide for proper and safe operating practices.

2.8.6GR-19 Conditions Not Covered by These Rules and Regulations

A.For any conditions not covered by these requirements, the applicable provisions of the 2025 ASME Code, CSD-1:2024, or the National Board of Boiler and Pressure Vessel Inspectors (Edition 2025) incorporated above at § 2.3 of this Part shall apply. If no applicable code provision exists, the Chief Inspector shall exercise his/her professional judgment grounded in the Chief Inspector’s training, experience, expertise, and knowledge of the adopted codes and industry practice to specify requirements that ensure an equivalent safety standard consistent with these Regulations and R.I. Gen. Laws Chapter 28-25.

History

• Amendment — effective from 2025-12-24 to current
• Periodic Refile — effective from 2022-01-04 to 12/24/2025
• Amendment — effective from 2019-04-28 to 01/04/2022
• Amendment — effective from 2018-10-11 to 04/28/2019
• Amendment — effective from 2011-12-12 to 10/11/2018
• Amendment — effective from 2011-08-03 to 12/12/2011
• Amendment — effective from 2008-02-06 to 08/03/2011
• Amendment — effective from 2004-04-07 to 02/06/2008
• Amendment — effective from 2003-04-27 to 04/07/2004
• Amendment — effective from 2003-01-07 to 04/27/2003
• EMERGENCY RULE Adoption — effective from 2002-09-11 to 01/07/2003
• Periodic Refile — effective from 2002-01-02 to 09/11/2002

260-RICR-30-10-3 Weights and Measures

260-RICR-30-10-3 § 3.1 Authority

This regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws §§ 47-1-1.1 and 47-1-2.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-12-28 to 01/04/2022
• Amendment — effective from 2012-12-24 to 12/28/2018
• Periodic Refile — effective from 2002-01-04 to 12/24/2012

260-RICR-30-10-3 § 3.2 Purpose

To provide information regarding the administration of certification, revocation, and fee schedules for weights and measures.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-12-28 to 01/04/2022
• Amendment — effective from 2012-12-24 to 12/28/2018
• Periodic Refile — effective from 2002-01-04 to 12/24/2012

260-RICR-30-10-3 § 3.3 Process for Certification

A.An Introduction to Weights and Measures session shall be scheduled annually by the certified metrologist or by an authorized agent of the Director of Labor, to provide basic information for any person considering an appointment to the municipal sealer position. The session will cover the following agenda:

1.Applicants will view the hands-on training video demonstrating the basic procedures used in the testing of scales and gasoline measuring devices.

2.A general question and answer session will be conducted with the applicants.

3.Attendance to this introduction session is mandatory. Upon completion of this session, appointees shall participate in the training requirements of either §§ 3.3(B) or (C) of this Part, to fulfill the certification requirements.

B.To attain certified status, all new appointees to the local sealer of weights and measures position are required to participate in a Technical Course in the field of weights and measures. When there are more than seven (7) new appointees, a 3-day training course will be conducted at the Department of Labor, by a professional agency. Application cost shall be paid by the municipalities/participants of the 3-day training. The course agenda will be as follows:

1.One half day - Fundamental Considerations, General Code of Handbook 44

2.One half day - Rhode Island General Laws pertaining to the municipal sealer of weights and measures.

3.One full day "General Application of the Scale Code"

4.One full day "General Application of the Gasoline Measuring Device Code"

C.Where there is a new appointee, or when a Sealer is not available to participate in the 3-day Technical Course in § 3.3(B) of this Part the following must be completed in order to fulfill the certificate requirements:

1.Engage in a program of self-study of the National Institute of Standards and Technology, (”NIST”), Handbook 44, § 2.20, Scale Code and § 3, 3.30, Liquid Measure Devices (hereafter “NIST Handbook 44 section content areas").

a.Participants must study the NIST Handbook 44 section content areas as referenced herein.

b.The cost, if any, for participation in both NIST Handbook 44 section content areas shall be paid by the municipality/participants.

2.The Department of Labor and Training shall issue a certificate of completion to participants upon completion of the NIST Handbook 44 content areas and the following:

a.Satisfactory demonstration of his/her field abilities to an authorized sealer of the Department of Labor and Training in the NIST Handbook 44 course content areas completed over a ninety (90) day period which shall include:

(1)Ten (10) hours of on-the-job training in Scale Code inspection under the direct supervision of a Department of Labor and Training authorized and appointed sealer. The Department of Labor and Training authorized and appointed sealer shall keep a log book of the participant’s on-the job training, and

(2)Thirty (30) hours of on-the-job training in liquid measure device inspection under the direct supervision of a Department of Labor and Training authorized and appointed sealer. The Department of Labor and Training authorized and appointed sealer shall keep a log book of the participant’s on-the-job training.

b.Successful completion, with at least a score of 70%, on a written examination covering the NIST Handbook 44 section content areas and administered by the Department of Labor and Training. Participants must make request, in writing, to the Department of Labor and Training to test within thirty (30) days of completing their on-the-job training requirements.

D.Participants who do not receive a passing score on the written examination may retest after thirty (30) days of receiving notice of unsuccessful completion of the written examination by making request, in writing, to the Department of Labor and Training to retest.

E.Sealers having completed the course criteria of either §§ 3.3(B) or (C) of this Part thereby rendering them "Certified", shall participate in technical courses relating to weights and measures, which may be offered annually by the Department of Labor. Course criteria shall be based on changes to the Handbooks adopted by this state and/or by changes made to the R. I. Gen. Laws. At no time shall these courses require more than 35 hours of annual training. Certificates will be automatically renewed on June 30 of each year unless an annual training is scheduled. If an annual training is scheduled, certificate renewal will be based upon successful completion of the course.

F.Any person who has been appointed by a municipality to the sealer position, and has met the mandated requirements for certification shall be able to continue such certification status if he or she continues to participate in the annual training as covered by § 3.3(E) of this Part, and shall be considered for assignments in other municipalities where said municipalities are without an active certified sealer. Sealers so assigned shall be responsible for all costs incurred while performing these sealer duties, and shall be subject to § 3.5(B) of this Part.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-12-28 to 01/04/2022
• Amendment — effective from 2012-12-24 to 12/28/2018
• Periodic Refile — effective from 2002-01-04 to 12/24/2012

260-RICR-30-10-3 § 3.4 Reporting

A.Assigned sealers shall submit to the Director of Labor or his/her authorized agent, a quarterly report for all testing performed during said quarter with the first report due on April 1, 1996 and the ensuing quarterly reports to be submitted on July 1, October 1, January 1 of each calendar year. Reports shall include the following:

1.Number of tests performed, during the reporting quarter, in each sealer responsible area as mandated in R.I. Gen. Laws Chapters 47-2, 47-6, and 47-8.

2.The test numbers reported in § 3.4(A)(1) of this Part shall include the name and address of the company owning the devices tested and the date of said testing and sealing;

3.Submission of actual copies of the test reports used when performing sealer duties shall be provided when requested by the Director or his/her authorized agent;

4.The Director or his/her authorized agent shall have the authority to request for review the sealer receipt books to verify the fees charged for duties performed while under assignment by the Director of Labor.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-12-28 to 01/04/2022
• Amendment — effective from 2012-12-24 to 12/28/2018
• Periodic Refile — effective from 2002-01-04 to 12/24/2012

260-RICR-30-10-3 § 3.5 Non-Compliance and Revocation of Certification

A.Local Sealers of Weights and Measures not in compliance with R.I. Gen. Laws § 47-1-1.1 shall be in direct violation of the mandate. Sealers, without having attained certified status, shall not be permitted to perform the duties of a sealer of weights and measures as described in R.I. Gen. Laws Chapters 47-2, 47-6, 47-8, and 47-12. Notification of same shall be forwarded to the appointing authority in the town or city which the sealer represents by the certified metrologist, the Director of Labor, or his/her authorized agent.

B.Upon recommendation from the certified metrologist or the Director's authorized agent, the Director of Labor shall have the authority, after notice and hearing, to revoke the certificate of a sealer of weights and measures for cause as indicated herewith:

1.Revocation for Cause:

a.Failure to participate in the technical training as outlined in § 3.3(E) of this Part.

b.Failure to inspect the weights and measures apparatus in a timely fashion, as required by General Law. Sealers are responsible to perform all duties regarding inspections with limits being set only by the testing equipment available to him/her.

c.Sealing of weights and measures apparatus without first performing the required test procedures.

2.Failure to comply with the rate/revenue schedule for testing and sealing as mandated in R.I. Gen. Laws §§ 47-1-5.1 and 47-2-7 and Chapters 47-29 and 47-8.

3.Conviction of a felony related to job duties.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-12-28 to 01/04/2022
• Amendment — effective from 2012-12-24 to 12/28/2018
• Periodic Refile — effective from 2002-01-04 to 12/24/2012

260-RICR-30-10-3 § 3.6 Fee Schedule for Services

Pursuant to R.I. Gen. Laws § 47-1-2, the following fee schedule for services rendered is hereby issued for the enforcement and administration:

Category I Rhode Island Certified Sealers

Category II Private Sector

Category

Type of Weighing/Measuring Apparatus

Fee Schedule

Field Weight Set:

I

Class F Tolerance

$25.00

II

Class F Tolerance

$45.00

5-Gallon Test Measure:

I

Class F Tolerance

no fee

II

Class F Tolerance

$25.00

Weights:

Less than 3 kg

I

Class F Tolerance

no fee

II

Class F Tolerance

$10.00 ea

Over 3 kg:

I

Class F Tolerance

no fee

II

Class F Tolerance

$20.00 ea

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-12-28 to 01/04/2022
• Amendment — effective from 2012-12-24 to 12/28/2018
• Periodic Refile — effective from 2002-01-04 to 12/24/2012

260-RICR-30-10-3 § 3.7 Testing and Sealing of Oil Delivery Trucks

A.The capacity of every tank vehicle used and each compartment thereof used for the transportation over the public highways of this state of fuels, such as gasoline and other volatile and inflammable liquids including oils used for heating purposes, when used as a measuring device shall be tested and sealed at least once every three (3) years. The capacity, when so determined, shall be plainly printed upon the right-hand side of the vehicle tank dome in letters and numerals not less than one inch in height. The meters of the vehicle tanks and the meters of home delivery truck vehicles and loading rack meters shall be tested and sealed at least once a year.

B.The Director of Labor and Training shall have the authority to certify all dealers or repairmen meeting the criteria established under this Part to enforce the provisions of R.I. Gen. Laws § 47-8-5, and supply the state of Rhode Island seal for the prescribed fee as set forth in § 3.6 of this Part.

C.The following criteria shall be met by any and all dealers or repairmen prior to being certified to perform the testing and sealing of fuel/oil delivery trucks:

1.Must have liquid testing equipment certified by National Institute of Standards and Technology (NIST) Handbook 44.

2.Equipment shall be tested and certified as mandated in the national weights and measure standard every five (5) years.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-12-28 to 01/04/2022
• Amendment — effective from 2012-12-24 to 12/28/2018
• Periodic Refile — effective from 2002-01-04 to 12/24/2012

Subchapter 15 Professional Regulation

260-RICR-30-15-1 Division of Professional Regulation

260-RICR-30-15-1 § 1.1 PURPOSE

To provide the procedures for licensing and registration.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2004-04-07 to 01/04/2022
• Amendment — effective from 2004-04-07 to 04/07/2004
• Periodic Refile — effective from 2001-12-17 to 04/07/2004

260-RICR-30-15-1 § 1.2 AUTHORITY 1.2 AUTHORITY {#sec-260-ricr-30-15-1-1.2-authority omnilex-key=us-ri-regs-official--title-260--260-RICR-30-15-1#1.2 AUTHORITY}

This regulation is promulgated pursuant to R.I. Gen. Laws Chapters 5-6, 28-26, 28-27, 5-70, and 5-20.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2004-04-07 to 01/04/2022
• Amendment — effective from 2004-04-07 to 04/07/2004
• Periodic Refile — effective from 2001-12-17 to 04/07/2004

260-RICR-30-15-1 § 1.3 RULES AND REGULATIONS 1.3 RULES AND REGULATIONS {#sec-260-ricr-30-15-1-1.3-rules-and-regulations omnilex-key=us-ri-regs-official--title-260--260-RICR-30-15-1#1.3 RULES AND REGULATIONS}

A.A licensing board may give an oral examination to an applicant for a license issued under the provisions of R.I. Gen. Laws Chapters 5-6, 28-26, 28-27, 5-70, and 5-20 where the board determines that:

1.an applicant cannot read or write English (except that the applicant must be able to read any sign or notice dealing with legal safety requirements).

2.an applicant can document that he/she has a learning or physical disability which would handicap that individual in taking a written examination.

3.the board may authorize a field examination in the case of an emergency or other extenuating circumstances such as limited license of employees in the public sector.

4.an applicant must provide and pay any expense connected with an interpreter when taking an oral examination.

5.an interpreter shall not be licensed in the subject matter for which the oral examination is given.

B.In the event that a registration or license issued under the provisions of R.I. Gen. Laws Chapters 5-6, 28-26, 28-27, 5-70, 5-20, or 28-45 is lost or destroyed, the person to whom the same was issued may make application for and upon payment of the required fee of twelve dollars ($12.00) obtain a duplicate registration or license, upon furnishing proof satisfactory to the division of professional regulation that such registration or license has been lost or destroyed.

C.In the event a payment for a registration or license issued under the provisions of R.I. Gen. Laws Chapters 5-6, 28-26, 28-27, 5-70, 5-20, or 28-45 is deemed improper for the reason of insufficient funds or closed account, said license will be invalid until the person to whom the infraction has incurred submits the required registration or license, plus twenty-five (25%) penalty of the total check amount, in the form of a certified check or money order to the division.

D.Any person with a pending violation of R.I. Gen. Laws Chapters 5-6, 28-26, 28-27, 5-70, or 5-20, will not be permitted to take an examination for a license issued under the provisions of R.I. Gen. Laws Chapters 5-6, 28-26, 28-27, 5-70, or 5-20, until such time as the fine and/or violation has been settled.

E.A passing score for examinations administered by the Division of Professional Regulation under the provisions of this Part shall be 70% or greater. Examination reviews will not be permitted on exam scores of less than 60%.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2004-04-07 to 01/04/2022
• Amendment — effective from 2004-04-07 to 04/07/2004
• Periodic Refile — effective from 2001-12-17 to 04/07/2004

260-RICR-30-15-2 Bureau of Pipefitters, Refrigeration Technicians, Sprinklerfitters, Sheet Metal Workers and Oil Heat Contractors

260-RICR-30-15-2 § 2.1 Authority

This Regulation is promulgated pursuant to R.I. Gen. Laws § 28-27-7.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-27 to 01/04/2022
• Technical Revision — effective from 2003-07-29 to 11/27/2018
• Amendment — effective from 2003-06-26 to 07/29/2003
• Amendment — effective from 2003-01-07 to 06/26/2003
• EMERGENCY RULE Adoption — effective from 2002-08-06 to 01/07/2003

260-RICR-30-15-2 § 2.2 Purpose

These rules ("hereinafter, Rules” or “Regulations”) are adopted for the purpose of protecting the life, property, safety, and welfare of the people of Rhode Island; to promote conservation of our natural resources used to generate energy; to regulate the proper installation of all piping systems and/or equipment used in fire protection systems; and in the generation and consumption of energy used for the purpose of all heating, cooling and air distribution systems; to regulate the licensing and work of masters, journeypersons, and apprentices in the pipefitting, air conditioning/refrigeration, sprinkler fitting and sheet metal trades, hereafter to be referred to as "the mechanical trades".

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-27 to 01/04/2022
• Technical Revision — effective from 2003-07-29 to 11/27/2018
• Amendment — effective from 2003-06-26 to 07/29/2003
• Amendment — effective from 2003-01-07 to 06/26/2003
• EMERGENCY RULE Adoption — effective from 2002-08-06 to 01/07/2003

260-RICR-30-15-2 § 2.3 Definitions

A.For the purposes of these regulations, except as provided below, the following terms shall have the following meanings:

1."Air" means all air supplied to mechanical equipment and appliances for combustion, ventilation, cooling exhausting, etc.

2."Air distribution system" means any system of ducts, plenums, and air-handling equipment that circulate air within a space or spaces and include systems made up of one or more handling units.

3."Air exhaust" means air being removed from any space, appliance, or piece of equipment and conveyed directly to the atmosphere by means of openings or ducts.

4."Air makeup" means air that is provided to replace air that is being exhausted.

5."Apprentice" means a person employed with a sponsor receiving skilled training under a written agreement which provides specific terms of apprenticeship and employment including, but not limited to wage progression; specific hours of job training processes; hours and courses of school instruction which satisfactory completion thereof provides recognition as a qualified professional, technical, craft or trade worker.

a.Shall be at least 18 years old.

b. Shall be working at the business of pipefitting, refrigeration, air conditioning, sprinkler fitting or sheet metal.

c.Shall be sponsored (employed) by a licensed Master Contractor.

d.Shall be under the direct supervision of a licensed Master or Journeyperson.

e.Minimum of 4,000 hours (2) year program to 10,000 hours (5) year program of on the job training with a minimum of 144 hours of trade related schooling per year. The apprentice shall be registered in a Rhode Island Department of Labor and Training approved apprenticeship program.

f.Two (2) years of school in an accredited institution recognized by the Rhode Island Department of Labor and Training may be deducted from the apprenticeship program.

6."Apprentice pipefitter" or "Ap-P" means a person who is engaged in learning the trade of pipefitting by working with and assisting a qualified journeyperson on heating systems, process piping and steam systems. This person shall be indentured to a Master Pipefitter who shall have an approved registered program with the State of Rhode Island and shall conform to R.I. Gen. Laws Chapter 28-27.

7."Apprentice refrigeration" or "Ap-R" means a person who is engaged in learning the trade of refrigeration by working with and assisting a qualified journeyperson on the installation and service of refrigeration and air conditioning systems. This person shall be indentured to a Master Refrigeration Technician who shall have an approved registered program with the State of Rhode Island and shall conform to R.I. Gen. Laws Chapter 28-27.

8."Apprentice combination" or "Ap-C" means a person who is engaged in the trade of pipefitting and refrigeration by working with and assisting a qualified journeyperson on heating systems, process piping, steam systems, and all types of refrigeration and air conditioning systems. This person shall also work on large systems such as absorption and centrifugal units to qualify for this classification. This person shall be indentured to a Master Pipefitter and Refrigeration Master or a Master Mechanical Contractor. They shall have an approved registered program with the State of Rhode Island and shall conform to R.I. Gen. Laws Chapter 28-27.

9."Apprentice sprinkler fitter" or "Ap-S" means a person who is engaged in learning the trade of sprinkler fitting working with and assisting a qualified journeyperson on sprinkler systems. This person shall be indentured to a Master Sprinkler Fitter who shall have an approved registered program with the State of Rhode Island and shall conform to R.I. Gen. Laws Chapter 28-27.

10."Apprentice sheet metal" or "Ap-SM" means a person who is engaged in learning the trade of sheet metal installations working with and assisting a qualified journeyperson on sheet metal installations. This person shall be indentured to a Master Sheet Metal Contractor who shall have an approved registered program with the State of Rhode Island and shall conform to R.I. Gen. Laws Chapter 28-27.

11."Class II restrictions on ratios" means a company shall be permitted to train one (1) apprentice per two (2) properly licensed persons for on-the-job training. Exception, sheet metal class ll has a one (1) apprentice per one (1) properly licensed person for on the job training. Properly licensed individuals may be a combination of Rhode Island Licensed Masters or Journeypersons.

12. "Direct supervision" means that the Class II licensed individuals shall be working with a Master Class I or Class II, or licensed individual with a Journeyperson Class I or Class II license.

13. "Installation" means the handling, moving or locating of any device equipment or material referring to the heating, cooling, process piping, sheet metal or sprinkler fitter industry. This does not mean to refer to the final resting place for hook up, but refers to any stage of the handling of said above equipment or material to where the final location may be for the piping of the equipment.

14."Lapsed license" means if a license has lapsed for a period of less than two (2) years, said license may be reinstated upon payment of all license fees, which are due to the Division of Professional Regulation. If licenses are not renewed before the two (2) years have lapsed, the applicant will be subjected to re-examination. However, in the case of military service personnel, who are licensees, their validity will continue for the duration, not to exceed four (4) years.

15. "Louver, architectural" means an opening provided with one or more slanted fixed fins that does not provide for any air movement, for aesthetic purposes only.

16."Louver, mechanical" means a finned or vaned device to provide air.

17."Maintenance" means preserving or repairing anything that exists. Maintenance does not cover the replacement of piping or equipment, which is normally covered under R.I. Gen. Laws § 28-27-28, entitled “Practices for which a license is required”. Also as referred to in R.I. Gen. Laws § 28-27-29(b).

18."Natural ventilation" means the movement of air into and out of a space through intentionally provided openings, such as windows or doors or through non-powered ventilators.

19. "Outdoor opening" means a door, window, louver or skylight openable to the outside atmosphere.

20."Pipefitter" means a person employed as a pipefitter. The work of a pipefitter includes laying out piping systems for their construction and installation; supporting pre-fabricated items; assembling equipment and appurtenances (both new and existing), maintaining the systems and equipment; Systems may include steam, condensation, air, gas, chemical, hydraulics, lubrication, heating and process piping.

21."Process" means any piping used in a system, which results in a series of actions or operations directed toward a particular result. Examples are, the manufacturing of a product, water and waste water treatment plants or the generating of energy.

22."PJF" means Pipefitter Journeyperson Fuel.

23."Service" means work performed by properly licensed and qualified tradespersons. As referred to in R.I. Gen. Laws § 28-27-29(c).

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-27 to 01/04/2022
• Technical Revision — effective from 2003-07-29 to 11/27/2018
• Amendment — effective from 2003-06-26 to 07/29/2003
• Amendment — effective from 2003-01-07 to 06/26/2003
• EMERGENCY RULE Adoption — effective from 2002-08-06 to 01/07/2003

260-RICR-30-15-2 § 2.4 Application

Applications shall be properly completed and returned in a timely manner. Applications shall be reviewed and approved by the Board of Pipefitters, Refrigeration Technicians and Fire Protection Sprinkler Fitters, Sheet Metal Workers, and Oil Heat Contractors, at the Division of Professional Regulation.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-27 to 01/04/2022
• Technical Revision — effective from 2003-07-29 to 11/27/2018
• Amendment — effective from 2003-06-26 to 07/29/2003
• Amendment — effective from 2003-01-07 to 06/26/2003
• EMERGENCY RULE Adoption — effective from 2002-08-06 to 01/07/2003

260-RICR-30-15-2 § 2.5 Renewal of Licenses

All fines and penalties shall be paid in full prior to the issuing of any licenses pursuant to R.I. Gen. Laws § 28-27-17.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-27 to 01/04/2022
• Technical Revision — effective from 2003-07-29 to 11/27/2018
• Amendment — effective from 2003-06-26 to 07/29/2003
• Amendment — effective from 2003-01-07 to 06/26/2003
• EMERGENCY RULE Adoption — effective from 2002-08-06 to 01/07/2003

260-RICR-30-15-2 § 2.6 Master Mechanical Contractor

A.Unlimited heating, cooling and process work - Can be self-employed

1.Applicant shall have worked as a Contractor or has been associated in both trades for 20 years or more, 10 years as a Rhode Island Pipefitter Master I and 10 years as a Rhode Island Refrigeration Master I, and prove expertise and knowledge by a notarized resume.

2.Provide evidence to the Chief Administrator that an up to date knowledge of the trades is maintained, by periodic schooling of a general nature and trade seminars or installations demanding applicant’s expertise.

3. Furnish evidence of installed, completed or operating installations, if requested.

4. Has assimilated working knowledge of a Rhode Island Journeyperson and Rhode Island Master licenses, and has passed the appropriate examinations for the Rhode Island Pipefitter Master I and Rhode Island Refrigeration Master I license.

5. All vehicles and places of business shall be identified by the displaying of Rhode Island Department of Labor & Training issued, license class and number, under which business is conducted. Lettering must be a done at a minimum size of 3”.

6. Contractors shall have an understanding of workers compensation insurance laws under R.I. Gen. Laws Title 28, temporary disability insurance laws under R.I. Gen. Laws Title 28, state tax withholding laws and procedures under R.I. Gen. Laws Chapter 44-30 and federal tax withholding laws and procedures under 26 U.S.C. § 3123 et seq. and the federal Davis Bacon Act under 40 U.S.C. § 3141 et seq. and state prevailing wage laws under R.I. Gen. Laws Title 37. In addition, they shall have a working knowledge of state occupational safety and health laws under R.I. Gen. Laws Chapter 28-20 and federal OSHA laws under 29 U.S.C. § 651 et seq. and the International Code Council State Building Code (Mechanical Code) SBC-4.

7. Final awarding of this license is also based upon the past performance of applicant as a heating and refrigeration contractor.

8. Advancement to this license is by approval of Chief Administrator after evaluation of applicant’s resume by the board.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-27 to 01/04/2022
• Technical Revision — effective from 2003-07-29 to 11/27/2018
• Amendment — effective from 2003-06-26 to 07/29/2003
• Amendment — effective from 2003-01-07 to 06/26/2003
• EMERGENCY RULE Adoption — effective from 2002-08-06 to 01/07/2003

260-RICR-30-15-2 § 2.7 Contractor Master: Limited License

A.Work is allowed solely as permitted by R.I. Gen. Laws § 28-27-6(b). The license allows limited work only by a Limited License Contractor Master on behalf of one (1) and only one (1) entity for which he or she is continuously engaged in supervision of installation, maintenance, and repair work and for which he or she is an officer (if such entity is a corporation), a partner (if such entity is a partnership), or a similarly authorized principal (if such entity is neither a corporation nor a partnership). The license may be used, solely on behalf of the entity, as follows:

1.can engage in business (through duly licensed individuals), advertise, bid for work, and take out permits; but

2.cannot individually engage in installation, maintenance, or repair work.

B.A license holder can be self-employed.

C.General Criteria for Applicants for Limited License Contractor Master:

1.Education and Experience:

a.Applicants must have a Bachelor of Science degree in Mechanical Engineering (or an equivalent degree as determined by the Board) and must have at least 4 years of relevant experience in the discipline applied for (pipefitting, sprinkler fitter, sheet metal and/or refrigeration) of a nature and quality, which is acceptable to the Board and/or

b.Applicants must have a Bachelor of Science degree in Business Administration (or an equivalent degree as determined by the board) and must have at least 4 years of relevant experience in the discipline applied for (pipefitting, sprinkler fitter, sheet metal and/or refrigeration) of a nature and quality which is acceptable to the Board.

2.Application and Supporting Materials

a.Applicants must submit two (2) affidavits, of a nature and quality acceptable to the, from duly authorized officers of their employment, evidencing continued competence and relevant experience in the discipline applied for (pipefitting, sprinklers, sheet metal and/or refrigeration).

b.Applicants must submit two (2) character references of a nature and quality acceptable to the.

c.Applicants must supply the Employer Identification Number (EIN) of the entity to be licensed.

d.Applicants must supply a copy of the current Workers Compensation insurance policy of the entity to be licensed.

e.Applicants must supply a copy of the current general liability insurance policy of the entity to be licensed.

3.All vehicles and places of business shall be identified by the displaying of Rhode Island Department of Labor & Training issued, license class and number, under which business is conducted. Lettering must be a done at a minimum size of 3".

4.Contractors shall have an understanding of workers compensation insurance laws under R.I. Gen. Laws Title 28, temporary disability insurance laws under R.I. Gen. Laws Title 28, state tax withholding laws and procedures under R.I. Gen. Laws Chapter 44-30 and federal tax withholding laws and procedures under 26 U.S.C. § 3123 et seq. and the federal Davis Bacon Act under 40 U.S.C. § 3141 et seq. and state prevailing wage laws under R.I. Gen. Laws Title 37. In addition, they shall have a working knowledge of state occupational safety and health laws under R.I. Gen. Laws Chapter 28-20 and federal OSHA laws under 29 U.S.C. § 651 et seq. and the International Code Council State Building Code (Mechanical Code) SBC-4.

5.This person shall carry on his or her person at all times and shall affix his or her contractor’s license number to any advertisement and/or contract he or she executes and/or bid he or she files with any consumer for his or her professional services and to any applicable permit required for the performance of those services.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-27 to 01/04/2022
• Technical Revision — effective from 2003-07-29 to 11/27/2018
• Amendment — effective from 2003-06-26 to 07/29/2003
• Amendment — effective from 2003-01-07 to 06/26/2003
• EMERGENCY RULE Adoption — effective from 2002-08-06 to 01/07/2003

260-RICR-30-15-2 § 2.8 Pipefitter Master Class 1- Unlimited License

A.Can Be Self Employed.

B.Shall have held a Rhode Island Pipefitters Journeyperson l license for one (1) year or held a Pipefitters Master II with the State of Rhode Island for one (1) year.

C.An out of state Master Class I Pipefitters license will allow the applicant to be tested for the Pipefitter Master Class I Rhode Island license. A copy of the license shall be attached to the application. In the event a State does not have a Pipefitter Master I license available, a notarized resume showing six (6) years' experience, one of which is as a contractor, shall accompany the application.

D.Shall have a regular place of business.

E.Shall have knowledge of a Rhode Island Master Class II license and both Journeyperson Licenses Class I and Class II.

F.Unlimited as to restriction on work.

G.All vehicles and places of business shall be identified by the displaying of Rhode Island Department of Labor & Training issued, license class and number, under which business is conducted. Lettering must be a done at a minimum size of 3”

H.Contractors shall have an understanding of workers compensation insurance laws under R.I. Gen. Laws Title 28, temporary disability insurance laws under R.I. Gen. Laws Title 28, state tax withholding laws and procedures under R.I. Gen. Laws Chapter 44-30 and federal tax withholding laws and procedures under 26 U.S.C. § 3123 et seq. and the federal Davis Bacon Act under 40 U.S.C. § 3141 et seq. and state prevailing wage laws under R.I. Gen. Laws Title 37. In addition, they shall have a working knowledge of state occupational safety and health laws under R.I. Gen. Laws Chapter 28-20 and federal OSHA laws under 29 U.S.C. § 651 et seq. and the International Code Council State Building Code (Mechanical Code) SBC-4 (510-RICR-00-00-4).

I.This person shall carry on his or her person at all times and shall affix his or her contractor's license number to any advertisement and/or contract he or she executes and/or bid he or she files with any consumer for his or her professional services and to any applicable permit required for the performance of those services.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-27 to 01/04/2022
• Technical Revision — effective from 2003-07-29 to 11/27/2018
• Amendment — effective from 2003-06-26 to 07/29/2003
• Amendment — effective from 2003-01-07 to 06/26/2003
• EMERGENCY RULE Adoption — effective from 2002-08-06 to 01/07/2003

260-RICR-30-15-2 § 2.9 Pipefitter Master Class 2 - Limited License

A.Can be self-employed.

B.Shall have held a Rhode Island Pipefitter Journeyperson Class II license for three (3) years.

C.An out of state Master Class II Pipefitting license will allow the applicant to be tested for the Master Class II Pipefitter\Rhode Island license. A copy of the license shall be attached to the application. In the event a State does not have a Pipefitter Master Class II license available a notarized resume showing six (6) years' experience, three (3) of which is as a contractor, shall accompany the application.

D.Shall have a regular place of business.

E.Shall have a working knowledge of boilers, gas, oil, controls, thermostats and some control wiring and different types of radiation.

F.Shall have a knowledge of blueprint reading and pipe layout.

G.Commercial heating installations are limited to 500,000 BTU’s. Residential heating installations are limited up to 500,000 BTU’s. Proper permits shall be taken with the Rhode Island Department of Labor, Boiler Division on commercial heating installations of 200,000 BTU’s and residential installations of 400,000 BTU’s and above. A Pipefitter Master Class II license may take out these permits up to 500,000 BTU’S and a Pipefitter Master Class I license is needed for 500,000 BTU’S and above.

1.Section IV, heating boilers, of the ASME Boiler and Pressure Vessel Code shall be followed.

a.Steam boilers for operations at pressure not exceeding l5 psi.

b.Hot water heating and hot water supply boilers for operations at pressures not exceeding l60 psi and/or temperatures not to exceed 250 degrees F.

H.Limited to heating installations only. Process piping is not allowed with the Class II license.

I.All vehicles and places of business shall be identified by the displaying of Rhode Island Department of Labor & Training issued, license class and number, under which business is conducted. Lettering must be a done at a minimum size of 3”

J. Contractors shall have an understanding of workers compensation insurance laws under R.I. Gen. Laws Title 28, temporary disability insurance laws under R.I. Gen. Laws Title 28, state tax withholding laws and procedures under R.I. Gen. Laws Chapter 44-30 and federal tax withholding laws and procedures under 26 U.S.C. § 3123 et seq. and the federal Davis Bacon Act under 40 U.S.C. § 3141 et seq. and state prevailing wage laws under R.I. Gen. Laws Title 37. In addition, they shall have a working knowledge of state occupational safety and health laws under R.I. Gen. Laws Chapter 28-20 and federal OSHA laws under 29 U.S.C. § 651 et seq. and the International Code Council State Building Code (Mechanical Code) SBC-4 (510-RICR-00-00-4).

K.This person shall carry on his or her person at all times and shall affix his or her contractor's license number to any advertisement and/or contract he or she executes and/or bid he or she files with any consumer for his or her professional services and to any applicable permit required for the performance of those services.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-27 to 01/04/2022
• Technical Revision — effective from 2003-07-29 to 11/27/2018
• Amendment — effective from 2003-06-26 to 07/29/2003
• Amendment — effective from 2003-01-07 to 06/26/2003
• EMERGENCY RULE Adoption — effective from 2002-08-06 to 01/07/2003

260-RICR-30-15-2 § 2.10 Pipefitter Journeyperson Class I- Unlimited License

A.Cannot be self-employed.

B.Minimum of 10,000 hours of on the job training with a minimum of 144 hours of trade related schooling per year, shall be a properly registered apprentice in a State of Rhode Island approved apprenticeship program and a copy of the certificate of completion shall accompany the application. Two (2) years of schooling in an accredited institution recognized by the Rhode Island Department of Labor may be deducted from the apprentice program.

C.An out of state Pipefitter Journeyperson Class I license will allow the applicant to be tested for the Pipefitter Journeyperson Class I Rhode Island license. A copy of the license shall be attached to the application. In the event a State does not have a Pipefitter Journeyperson Class I available, a notarized resume showing five (5) years' experience, as a Journeyperson Pipefitter, shall accompany the application.

D.Shall have knowledge of the Rhode Island Pipefitter Journeyperson Class II.

E.Shall have knowledge of a gas and oil-fired boilers, controls and thermostats, control wiring and different types of radiation.

F.Shall have knowledge of blueprint reading and pipe layout also experience in cutting and welding.

G.Unlimited as to restriction on work.

H.Shall have knowledge of OSHA under 29 U.S.C. § 651 et seq. and the International Code Council State Building Code (Mechanical Code) SBC-4 (510-RICR-00-00-4).

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-27 to 01/04/2022
• Technical Revision — effective from 2003-07-29 to 11/27/2018
• Amendment — effective from 2003-06-26 to 07/29/2003
• Amendment — effective from 2003-01-07 to 06/26/2003
• EMERGENCY RULE Adoption — effective from 2002-08-06 to 01/07/2003

260-RICR-30-15-2 § 2.11 Pipefitter Journeyperson Class II- Limited License

A.Cannot be self-employed.

B.Minimum of 4000 hours of on the job training with a minimum of 288 hours of trade related schooling, shall be a properly registered apprentice in a State of Rhode Island approved apprenticeship program. The apprentice shall successfully complete the program and a copy of the certificate of completion shall accompany the application. Two (2) years of schooling in an accredited institution recognized by the Rhode Island Department of Labor may be deducted from the apprentice program.

C.An out of state Pipefitter Journeyperson Class II license will allow the applicant to be tested for the Pipefitter Journeyperson Class II Rhode Island license. A copy of the license shall be attached to the application. In the event a State does not have a Pipefitter Journeyperson Class II available, a notarized resume showing five (5) years' experience as a Journeyperson Pipefitter shall accompany the application.

D.Shall have a working knowledge of boilers, gas, oil, controls, thermostats and some control wiring and different types of radiation, also a knowledge of blueprint reading and pipe layout.

E.Commercial heating installations are limited up to 500,000 BTU’s. Residential heating installations are limited up to 500,000 BTU’s.

1.Section IV, Heating Boilers, of the ASME Boiler and Pressure Vessel Code shall be followed.

a.Steam boilers for operations at pressure not exceeding l5 psi.

b.Hot water heating and hot water supply boilers for operations at pressures not exceeding l60 psi and/or temperatures not to exceed 250 degrees F.

F.Shall have knowledge of OSHA under 29 U.S.C. § 651 et seq., State Building Codes SBC-1 and currently approved edition of the International Code Council State Building Code (Mechanical Code) SBC-4 (510-RICR-00-00-4).

G.Limited to heating installations only. Process piping is not allowed with the Class II license.

H.A company shall be permitted to train one (1) apprentice per three (3) licensed persons for on-the job training. Any properly registered apprentice shall at all times, work under the direct supervision of a Master Pipefitter I or II or a Journeyperson I or II.

I.A Pipefitter Journeyperson II may apply for a Pipefitter Journeyperson I license by entering the Pipefitter I apprenticeship program. Serve an additional 6,000 hours of on-the-job training plus 432 hours of related training and shall work under a Pipefitter Master I or a Journeyperson I.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-27 to 01/04/2022
• Technical Revision — effective from 2003-07-29 to 11/27/2018
• Amendment — effective from 2003-06-26 to 07/29/2003
• Amendment — effective from 2003-01-07 to 06/26/2003
• EMERGENCY RULE Adoption — effective from 2002-08-06 to 01/07/2003

260-RICR-30-15-2 § 2.12 Refrigeration Master Class I- Unlimited License

A.Can be self-employed.

B.Shall have held a Rhode Island Refrigeration Journeyperson I license for one (1) year or held a Refrigeration Master II license with the State of Rhode Island for one (1) year.

C.An out of State Master Class I Refrigeration license will allow the applicant to be tested for the Refrigeration Master Class I Rhode Island license. A copy of the license shall be attached to the application. In the event a State does not have a Refrigeration Master Class I license available, a notarized resume showing six (6) years' experience, one of which is as a contractor, shall accompany the application.

D.Shall have a regular place of business.

E.Shall have knowledge of the Rhode Island Refrigeration Master Class II and both Journeyperson Licenses Class I and Class II.

F.Unlimited as to restriction on work.

G.All vehicles and places of business shall be identified by the displaying of Rhode Island Department of Labor & Training issued, license class and number, under which business is conducted. Lettering must be a done at a minimum size of 3”.

H.Contractors shall have an understanding of workers compensation insurance laws under R.I. Gen. Laws Title 28, temporary disability insurance laws under R.I. Gen. Laws Title 28, state tax withholding laws and procedures under R.I. Gen. Laws Chapter 44-30 and federal tax withholding laws and procedures under 26 U.S.C. § 3123 et seq. and the federal Davis Bacon Act under 40 U.S.C. § 3141 et seq. and state prevailing wage laws under R.I. Gen. Laws Title 37. In addition, they shall have a working knowledge of state occupational safety and health laws under R.I. Gen. Laws Chapter 28-20 and federal OSHA laws under 29 U.S.C. § 651 et seq. and the International Code Council State Building Code (Mechanical Code) SBC-4 (510-RICR-00-00-4).

I.This person shall carry on his or her person at all times and shall affix his or her contractor's license number to any advertisement and/or contract he or she executes and/or bid he or she files with any consumer for his or her professional services and to any applicable permit required for the performance of those services.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-27 to 01/04/2022
• Technical Revision — effective from 2003-07-29 to 11/27/2018
• Amendment — effective from 2003-06-26 to 07/29/2003
• Amendment — effective from 2003-01-07 to 06/26/2003
• EMERGENCY RULE Adoption — effective from 2002-08-06 to 01/07/2003

260-RICR-30-15-2 § 2.13 Refrigeration Master Class II- Limited License

A.Can be self-employed

B.Shall have held a Rhode Island Refrigeration Journeyperson Class II license for three (3) years.

C.An out of State Master Class II Refrigeration license will allow the applicant to be tested for the Master Class II Refrigeration Rhode Island license. A copy of the license shall be attached to the application. In the event a State does not have a Refrigeration Master Class II license available, a notarized resume showing six (6) years' experience, three (3) of which is as a contractor, shall accompany the application.

D.Shall have a regular place of business.

E.Limited to installations up to 20-ton comfort cooling systems and installations up to 3-ton product cooling or up to l Horsepower freezing.

F.Shall have a working knowledge of controls and wiring also a knowledge of layout and blueprint reading and a knowledge of Refrigeration Journeyperson Class II.

G.All vehicles and places of business shall be identified by the displaying of Rhode Island Department of Labor & Training issued, license class and number, under which business is conducted. Lettering must be a done at a minimum size of 3”

H.Contractors shall have an understanding of workers compensation insurance laws under R.I. Gen. Laws Title 28, temporary disability insurance laws under R.I. Gen. Laws Title 28, state tax withholding laws and procedures under R.I. Gen. Laws Chapter 44-30 and federal tax withholding laws and procedures under 26 U.S.C. § 3123 et seq. and the federal Davis Bacon Act under 40 U.S.C. § 3141 et seq. and state prevailing wage laws under R.I. Gen. Laws Title 37. In addition, they shall have a working knowledge of state occupational safety and health laws under R.I. Gen. Laws Chapter 28-20 and federal OSHA laws under 29 U.S.C. § 651 et seq. and the International Code Council State Building Code (Mechanical Code) SBC-4 (510-RICR-00-00-4).

I.This person shall carry on his or her person at all times and shall affix his or her contractor's license number to any advertisement and/or contract he or she executes and/or bid he or she files with any consumer for his or her professional services and to any applicable permit required for the performance of those services.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-27 to 01/04/2022
• Technical Revision — effective from 2003-07-29 to 11/27/2018
• Amendment — effective from 2003-06-26 to 07/29/2003
• Amendment — effective from 2003-01-07 to 06/26/2003
• EMERGENCY RULE Adoption — effective from 2002-08-06 to 01/07/2003

260-RICR-30-15-2 § 2.14 Refrigeration Journeyperson Class I- Unlimited License

A.Cannot be self-employed

B.Minimum of 10000 hours of on the job training with a minimum of 144 hours of trade related schooling per year, shall be a properly registered apprentice in a Rhode Island approved apprenticeship program. The apprentice shall successfully complete the program and a copy of the certificate of completion shall accompany the application. Two (2) years of schooling in an accredited institution recognized by the Rhode Island Department of Labor may be deducted from the apprentice program.

C.An out of State Refrigeration Journeyperson Class I license will allow the applicant to be tested for the Refrigeration Journeyperson Class I Rhode Island license. A copy of the license shall be attached to the application. In the event a State does not have a Refrigeration Journeyperson Class I available, a notarized resume showing five (5) years' experience, as a Refrigeration Journeyperson shall accompany the application.

D.Shall have knowledge of a Refrigeration Journeyperson Class II.

E.Unlimited as to restriction on work.

F.Shall have proficiency in line sizing, soldering, evacuation, charging and testing of systems utilizing any size liquid or suction line.

G.Shall be able to diagnose electrical and mechanical problems, and be able to read blueprints and do wiring related to systems and controls. Shall be familiar with pipe hangers and supports.

H.Shall have knowledge of OSHA under 29 U.S.C. § 651 et seq., and the International Code Council State Building Code (Mechanical Code) SBC-4 (510-RICR-00-00-4).

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-27 to 01/04/2022
• Technical Revision — effective from 2003-07-29 to 11/27/2018
• Amendment — effective from 2003-06-26 to 07/29/2003
• Amendment — effective from 2003-01-07 to 06/26/2003
• EMERGENCY RULE Adoption — effective from 2002-08-06 to 01/07/2003

260-RICR-30-15-2 § 2.15 Refrigeration Journeyperson Class II- Limited License

A.Cannot be self-employed.

B.Minimum of 4000 hours of on the job training with a minimum of 288 hours of trade related schooling. Shall be a properly registered apprentice in a State of Rhode Island approved apprenticeship program. The apprentice shall successfully complete the program and a copy of the certificate of completion shall accompany the application. Two (2) years of schooling in an accredited institution recognized by the Rhode Island Department of Labor may be deducted from the apprentice program.

C.An out of State Refrigeration Journeyperson Class II license will allow the applicant to be tested for the Refrigeration Journeyperson Class II Rhode Island license. A copy of the license shall be attached to the application. In the event a State does not have a Refrigeration Journeyperson Class II license available, a notarized resume showing five (5) years' experience, as a Refrigeration Journeyperson must accompany the application.

D.Limited to installations up to 20-ton comfort cooling systems and installations up to 3-ton product cooling or l Horsepower freezing.

E.Shall have electrical knowledge of a single and three phase power wiring and control systems. Shall have ability to evacuate fractional Horsepower systems, charge and test small closed systems, also to balance and adjust. Shall be thoroughly familiar with use of gases, refrigerants, fluxes solder and torches.

F.Shall have knowledge of OSHA under 29 U.S.C. § 651 et seq., State Building Codes SBC-1 and currently approved edition of the International Code Council State Building Code (Mechanical Code) SBC-4 (510-RICR-00-00-4).

G.A company shall be permitted to train one (1) apprentice per three (3) licensed persons for on-the job training. Any properly registered apprentice shall, at all times, work under the direct supervision of a Refrigeration Master I or II or a Refrigeration Journeyperson I or II.

H.A Refrigeration Journeyperson II may apply for a Refrigeration Journeyperson I license by reentering the Refrigeration Journeyperson I apprenticeship program, serve an additional 6,000 hours of on-the-job training plus an additional 432 hours of related training and shall work under a Refrigeration Master I or a Refrigeration Journeyperson I.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-27 to 01/04/2022
• Technical Revision — effective from 2003-07-29 to 11/27/2018
• Amendment — effective from 2003-06-26 to 07/29/2003
• Amendment — effective from 2003-01-07 to 06/26/2003
• EMERGENCY RULE Adoption — effective from 2002-08-06 to 01/07/2003

260-RICR-30-15-2 § 2.16 Fire Protection Master - Unlimited License

A.Can be self-employed.

B.Shall have a Rhode Island Sprinklerfitter Journeyperson Class I license for one (1) year.

C.An out of state Sprinklerfitter Contractor Master Class I license will allow the applicant to be tested for the Sprinklerfitter Contractor Master Class I Rhode Island license. A copy of the license shall be attached to the application. In the event a State does not have a Sprinklerfitter Contractor Master Class I license available a notarized resume showing six (6) years experience, one of which is as a contractor, must accompany the application.

D.Shall have a regular place of business.

E.All vehicles and places of business shall be identified by the displaying of Rhode Island Department of Labor & Training issued, license class, and number, under which business is conducted. Lettering must be a done at a minimum size of 3”.

F.Unlimited as to restriction on work.

G.Shall have complete knowledge of the sprinklerfitting trade and be proficient in pipe layout, hanger location, blueprint reading and cutting and threading pipe. Must also be proficient in the testing and maintenance of systems, including alarm panels, flow testing, and related devices.

H.Contractors shall have an understanding of workers compensation insurance laws under R.I. Gen. Laws Title 28, temporary disability insurance laws under R.I. Gen. Laws Title 28, state tax withholding laws and procedures under R.I. Gen. Laws Chapter 44-30 and federal tax withholding laws and procedures under 26 U.S.C. § 3123 et seq. and the federal Davis Bacon Act under 40 U.S.C. § 3141 et seq. and state prevailing wage laws under R.I. Gen. Laws Title 37. In addition, they shall have a working knowledge of state occupational safety and health laws under R.I. Gen. Laws Chapter 28-20 and federal OSHA laws under 29 U.S.C. § 651 et seq. and the International Code Council State Building Code (Mechanical Code) SBC-4 (510-RICR-00-00-4).

I.Any properly licensed Rhode Island pipefitter or plumber installing one (1) sprinkler head over a domestic boiler shall be exempted from holding a sprinklerfitters license. The connection off the domestic water supply may be done by properly licensed Rhode Island Pipefitters and Plumbers.

J.This person shall carry on his or her person at all times and shall affix his or her contractor's license number to any advertisement and/or contract he or she executes and/or bid he or she files with any consumer for his or her professional services and to any applicable permit required for the performance of those services.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-27 to 01/04/2022
• Technical Revision — effective from 2003-07-29 to 11/27/2018
• Amendment — effective from 2003-06-26 to 07/29/2003
• Amendment — effective from 2003-01-07 to 06/26/2003
• EMERGENCY RULE Adoption — effective from 2002-08-06 to 01/07/2003

260-RICR-30-15-2 § 2.17 Fire Protection Journeyperson - Unlimited License

A.Cannot be self-employed.

B.Minimum of 10000 hours of on the job training with a minimum of 144 hours of trade related schooling per year, shall be a properly registered apprentice in a State of Rhode Island approved apprenticeship program. The apprentice must successfully complete the program and a copy of the certificate of completion must accompany the application. Two (2) years of schooling in an accredited institution recognized by the Rhode Island Department of Labor may be deducted from the apprentice program.

C.An out of State Sprinklerfitter Journeyperson Class I license will allow the applicant to be tested for the Sprinklerfitter Journeyperson Class I Rhode Island license. A copy of the license shall be attached to the application. In the event a State does not have a Sprinklerfitter Journeyperson Class I license available a notarized resume showing five (5) years experience as a Sprinklerfitter Journeyperson Class I shall accompany the application.

D.Unlimited as to restriction on work.

E.Shall have complete knowledge of the Sprinklerfitting trade as assessed by the Fire Protection Journeyperson examination.

F.Shall be proficient in pipe layout, hanger location and cutting and threading of pipe. Must also be proficient in the testing and maintenance of systems, including alarm panels, flow testing, and related devices.

G.Shall have knowledge of OSHA under 29 U.S.C. § 651 et seq. and the International Code Council State Building Code (Mechanical Code) SBC-4 (510-RICR-00-00-4).

H.Any properly licensed Rhode Island pipefitter or plumber installing one (1) sprinkler head over a domestic boiler shall be exempted from holding a sprinklerfitters license. The connection off the domestic water supply may be done by properly licensed Rhode Island pipefitters and plumbers.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-27 to 01/04/2022
• Technical Revision — effective from 2003-07-29 to 11/27/2018
• Amendment — effective from 2003-06-26 to 07/29/2003
• Amendment — effective from 2003-01-07 to 06/26/2003
• EMERGENCY RULE Adoption — effective from 2002-08-06 to 01/07/2003

260-RICR-30-15-2 § 2.18 Sheet Metal Master Class I - Unlimited License

A.Can be self-employed.

B.Shall have held a Rhode Island Sheet Metal Journeyperson I license for one (1) year.

C.An out of state Master Class I Sheet Metal license will allow the applicant to be tested for the Sheet Metal Master Class I Rhode Island license. A copy of the license shall be attached to the application. In the event a state does not have a Sheet Metal Contractor Master Class I license available, a notarized resume showing six (6) years experience, one (1) of which is as a contractor, shall accompany the application.

D.Shall have a regular place of business.

E.Shall have knowledge of a Rhode Island Master Class II license and both Journeyperson Licenses Class I and Class II.

F.Unlimited as to restriction on work.

G.All vehicles and places of business shall be identified by the displaying of Rhode Island Department of Labor & Training issued, license class and number, under which business is conducted. Lettering must be a done at a minimum size of 3”

H.Contractors shall have an understanding of workers compensation insurance laws under R.I. Gen. Laws Title 28, temporary disability insurance laws under R.I. Gen. Laws Title 28, state tax withholding laws and procedures under R.I. Gen. Laws Chapter 44-30 and federal tax withholding laws and procedures under 26 U.S.C. § 3123 et seq., apprenticeship laws, rules, and regulations under R.I. Gen. Laws Chapter 28-27, and the federal Davis Bacon Act under 40 U.S.C. § 3141 et seq. and state prevailing wage laws under R.I. Gen. Laws Title 37. In addition, they shall have working knowledge of SMACNA Industry Standards, state occupational safety and health laws under R.I. Gen. Laws Chapter 28-20 and federal OSHA laws under 29 U.S.C. § 651 et seq., and the International Code Council State Building Code (Mechanical Code) SBC-4 (510-RICR-00-00-4).

I.A contractor shall be permitted to train one (1) apprentice per every five (5) licensed persons for on-the-job training. Any properly registered apprentice shall, at all times work under the direct supervision of a Sheet Metal Worker Journeyperson Class I or a Sheet Metal Contractor Master Class I.

J.This person shall carry on his or her person at all times and shall affix his or her contractor's license number to any advertisement and/or contract he or she executes and/or bid he or she files with any consumer for his or her professional services and to any applicable permit required for the performance of those services.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-27 to 01/04/2022
• Technical Revision — effective from 2003-07-29 to 11/27/2018
• Amendment — effective from 2003-06-26 to 07/29/2003
• Amendment — effective from 2003-01-07 to 06/26/2003
• EMERGENCY RULE Adoption — effective from 2002-08-06 to 01/07/2003

260-RICR-30-15-2 § 2.19 Sheet Metal Master Class II - Unlimited License

A.Can be self-employed.

B.Shall have held a Rhode Island Sheet Metal Journeyperson II license for three (3) years.

C.An out of state Master Class I Sheet Metal license will allow the applicant to be tested for the Sheet Metal Master Class I Rhode Island license. A copy of the license shall be attached to the application. In the event a state does not have a Sheet Metal Contractor Master Class I license available, a notarized resume showing six (6) years' experience, three (3) of which is as a contractor, shall accompany the application.

D.Shall have a regular place of business.

E.Shall have knowledge of a Rhode Island Master Class II license and both Journeyperson Licenses Class I and Class II.

F.Limited to installation of sheet metal on a residential occupancy as defined by the State Building Codes SBC-1 current edition (510-RICR-00-00-1).

G.All vehicles and places of business shall be identified by the displaying of Rhode Island Department of Labor & Training issued, license class and number, under which business is conducted. Lettering must be a done at a minimum size of 3”.

H.Contractors shall have an understanding of workers compensation insurance laws under R.I. Gen. Laws Title 28, temporary disability insurance laws under R.I. Gen. Laws Title 28, state tax withholding laws and procedures under R.I. Gen. Laws Chapter 44-30 and federal tax withholding laws and procedures under 26 U.S.C. § 3123 et seq., apprenticeship laws, rules, and regulations under R.I. Gen. Laws Chapter 28-27, and the federal Davis Bacon Act under 40 U.S.C. § 3141 et seq. and state prevailing wage laws under R.I. Gen. Laws Title 37. In addition, they shall have working knowledge of SMACNA Industry Standards, state occupational safety and health laws under R.I. Gen. Laws Chapter 28-20 and federal OSHA laws under 29 U.S.C. § 651 et seq., and the International Code Council State Building Code (Mechanical Code) SBC-4 (510-RICR-00-00-4).

I.A contractor shall be permitted to train one (1) apprentice per every one (1) licensed person for on-the-job training. Any properly registered apprentice shall, at all times work under the direct supervision of a Sheet Metal Worker Journeyperson Class I or II, or a Sheet Metal Contractor Master Class I or II.

J.This person shall carry on his or her person at all times and shall affix his or her contractor's license number to any advertisement and/or contract he or she executes and/or bid he or she files with any consumer for his or her professional services and to any applicable permit required for the performance of those services.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-27 to 01/04/2022
• Technical Revision — effective from 2003-07-29 to 11/27/2018
• Amendment — effective from 2003-06-26 to 07/29/2003
• Amendment — effective from 2003-01-07 to 06/26/2003
• EMERGENCY RULE Adoption — effective from 2002-08-06 to 01/07/2003

260-RICR-30-15-2 § 2.20 Sheet Metal Journeyperson Class I - Unlimited License

A.Cannot be self-employed.

B.Minimum of 8,000 hours of on the job training with a minimum of 144 hours of trade schooling per year, shall have been a properly registered apprentice in the State of Rhode Island approved apprenticeship program and a copy of the certificate of completion shall accompany the application.

C.An out of state Sheet Metal Journeyperson Class I license will allow the applicant to be tested for the Sheet Metal Journeyperson Class I Rhode Island license. A copy of the license shall be attached to the application. In the event a state does not have a Sheet Metal Workers Journeyperson Class I license available, a notarized resume showing five (5) years of commercial and industrial experience as a Journeyperson Sheet Metal Worker shall accompany the application.

D.Applicant shall have knowledge of the Rhode Island Sheet Metal Workers Journeyperson Class II License.

E.Unlimited as to restriction on work.

F.Applicant shall have knowledge of all phases of sheet metal work including, fabrication, blueprint reading, HVAC layout and installation, testing and balancing and welding.

G.Applicant shall have knowledge of all SMACNA Publications, OSHA Standards for The Construction Industry under 29 U.S.C. § 651 et seq., Welding Principles and Applications and the International Code Council State Building Code (Mechanical Code) SBC-4 (510-RICR-00-00-4).

H.A company shall be permitted to train one (1) apprentice per five (5) licensed persons for on-the job training, or a fraction thereof. Any properly registered apprentice shall, at all times work under the direct supervision of a Sheet Metal Workers Master I, or a Sheet Metal Workers Class I.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-27 to 01/04/2022
• Technical Revision — effective from 2003-07-29 to 11/27/2018
• Amendment — effective from 2003-06-26 to 07/29/2003
• Amendment — effective from 2003-01-07 to 06/26/2003
• EMERGENCY RULE Adoption — effective from 2002-08-06 to 01/07/2003

260-RICR-30-15-2 § 2.21 Sheet Metal Journeyperson Class II - Limited License

A.Cannot be self-employed.

B.Minimum of 4,000 hours of on-the-job training with a minimum of 288 hours of trade related schooling, shall have been a properly registered apprentice in the State of Rhode Island approved apprenticeship program and a copy of the certificate of completion shall accompany the application.

C.An out of state Sheet Metal Worker Journeyperson Class II license will allow the applicant to be tested for the Sheet Metal Workers Journeyperson Class II Rhode Island license. A copy of the license shall be attached to the application. In the event a state does not have a Sheet Metal Workers Class II license available, a notarized resume showing two (2) years' experience, as a Journeyperson Sheet Metal Worker shall accompany the application.

D.Limited to installation of sheet metal on a residential occupancy as defined by the International Code Council State Building Code (Mechanical Code) SBC-4 (510-RICR-00-00-4).

E.Applicant shall have knowledge of blueprint reading, sheet metal layout and installation.

F.Applicant shall have knowledge of all SMACNA publications, OSHA Standards for The Construction Industry under 29 U.S.C. § 651 et seq. and the International Code Council State Building Code (Mechanical Code) SBC-4 (510-RICR-00-00-4).

G.A company shall be permitted to train one (1) apprentice per one (1) licensed person for on-the job training. Any properly registered apprentice shall, at all times, work under the direct supervision of a Sheet Metal Workers Master I or II, or Sheet Metal Workers Journeyperson I or II.

H.A Sheet Metal Worker Journeyperson II may apply for a Sheet Metal Workers Journeyperson I license by reentering the Sheet Metal Apprenticeship Program, serve an additional 4,000 hours of on the-job training, plus an additional 288 hours of trade related schooling and shall work under the direct supervision of a Sheet Metal Worker Master I, or a Journeyperson I.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-27 to 01/04/2022
• Technical Revision — effective from 2003-07-29 to 11/27/2018
• Amendment — effective from 2003-06-26 to 07/29/2003
• Amendment — effective from 2003-01-07 to 06/26/2003
• EMERGENCY RULE Adoption — effective from 2002-08-06 to 01/07/2003

260-RICR-30-15-2 § 2.22 Limited Licenses Class II

A.FIRE SUPPRESSION - LTD:

1. Limited to the dry or wet chemical fire suppression systems. Must hold a certificate for fire suppression from the State Fire Marshal’s office before testing of systems. Municipal permits for installations shall be issued to this licensee.

B.WELDING - LTD:

1.Limited to the welding of pipe, hangers and supports for the pipe systems. Shall show proof of passing a recognized welding class, such as ASME Test or equivalent. Must work under a Pipefitter Master I or Pipefitter Master 2.

C.GAS STATION - LTD:

1.Limited to installation of gas stations; including underground piping and tank installation, piping to the pumps, vents, spill and fill lines.

a.Qualifications:

(1)Must have on file with the licensing division a notarized letter from the employer indicating the person’s date of hire. A registration card will be issued from the division.

(2)Upon completion of two (2) years of on the job training a notarized letter of completion shall accompany the application for licensure.

(3)Limited registered apprentice shall be required to work a minimum of four thousand (4,000) hours over a period of time of not less than two (2) years with a ratio of one (1) registered apprentice per one (1) licensed journeyman. Municipal permits for installations shall be issued to this licensee.

D.PJF/ OIL BURNER SERVICE JOURNEYPERSON II, LTD.

1.Limited to service work, installation of oil burners, oil lines, oil storage tanks, related piping, and warm air heating equipment. Must work for a Pipefitter Master I or Pipefitter Master 2. Installations must be performed with a Pipefitter Master I, Pipefitter Master 2, Pipefitter Journeyperson I or Pipefitter Journeyperson 2. The license shall limit the holder of the PJF/Oil Ltd. license to do work on electric wiring or equipment located between the burner thermal switch and the oil burner and equipment. Applicants for a PJF/Oil Ltd. license must show proof of completion of a trade sponsored program or a trade related program offered by a recognized college. All programs must be approved by the Rhode Island Department of Labor and Training. The minimum formal training period for the PJF/Oil Ltd. license shall be one hundred and sixty (160) hours of combined classroom and laboratory technical training, approved by the Department of Labor and Training. PJF/Oil Ltd. licensees must be employed by a licensed Pipefitter Master I or a Pipefitter Master 2 and a licensed Electrical Oil Burner Contractor (Class E) to perform residential service work.

2.Residential is considered to be 1 to 3 units, A Class A, Electrical Contractor’s License, is needed for all commercial work and a Class B, Electrical Journeyperson’s License, is needed to service commercial work. A Class F, Electrical Oil Burner Journeyperson’s License, employed by either an Electrical Contractor, Class A, or an Electrical Oil Burner Contractor, Class E, shall be permitted to service oil burners.

3.The PJF/Oil Ltd. License is limited to service and installation work on oil burners not to exceed 500,000 BTU’s residential, and 500,000 BTU’s commercial.

E.PJF/ PROPANE GAS SERVICE MASTER II, LTD:

1.Can be self-employed.

2.Can be issued permits to do work.

3.Shall have held a Rhode Island PJF/PROPANE GAS SERVICE JOURNEYPERSON II, LTD license for a least one (1) year.

4.Shall have a regular place of business.

5.Shall have a working knowledge of propane gas furnace installations, controls, thermostats, control wiring, and related propane gas piping.

6.Limited to installation of warm air heating furnaces not exceeding 500,000 BTU’s.

7.May service propane gas fired burners on either water or steam systems. Cannot install boilers with this license.

8.All vehicles and places of business shall be identified by the displaying of Rhode Island Department of Labor & Training issued, license class, and number, under which business is conducted. Lettering must be a done at a minimum size of 3”.

9.Contractors shall have an understanding of workers compensation insurance laws under R.I. Gen. Laws Title 28, temporary disability insurance laws under R.I. Gen. Laws Title 28, state tax withholding laws and procedures under R.I. Gen. Laws Chapter 44-30 and federal tax withholding laws and procedures under 26 U.S.C. § 3123 et seq., apprenticeship laws, rules, and regulations under R.I. Gen. Laws Chapter 28-27, and the federal Davis Bacon Act under 40 U.S.C. § 3141 et seq. and state prevailing wage laws under R.I. Gen. Laws Title 37. In addition, they shall have working knowledge of SMACNA Industry Standards, state occupational safety and health laws under R.I. Gen. Laws Chapter 28-20 and federal OSHA laws under 29 U.S.C. § 651 et seq., and the International Code Council State Building Code (Mechanical Code) SBC-4 (510-RICR-00-00-4).

10.A Class A, Electrical Contractor’s License is needed for all commercial work and a Class B, Electrical Journeyperson’s License, is needed to service commercial work. A Class F, Electrical Oilburner Journeyperson’s License, employed by either an Electrical Contractor, Class A, or an Electrical Oilburner Contractor, Class E, shall be permitted to service residential gas burners.

11.This person shall carry on his or her person at all times and shall affix his or her contractor's license number to any advertisement and/or contract he or she executes and/or bid he or she files with any consumer for his or her professional services and to any applicable permit required for the performance of those services.

12.An out state PJF/ PROPANE GAS SERVICE MASTER ll, LTD: license will allow the applicant to be tested for the PJF/ PROPANE GAS SERVICE MASTER ll, LTD: Rhode Island license. A copy of the license shall be attached to the application. In the event a State does not have a PJF/ PROPANE GAS SERVICE MASTER ll, LTD: available, a notarized resume showing a minimum of three (3) years experience, as a PJF/ PROPANE GAS SERVICE MASTER ll, LTD: shall accompany the application.

13.The PJF/ PROPANE GAS SERVICE MASTER ll, LTD License is limited to service work on propane gas burners not to exceed 500,000 BTU’s residential, and 500,000 BTU’s commercial.

F.PJF/ PROPANE GAS SERVICE JOURNEYPERSON II, LTD:

1.Limited to the installation of propane tanks, regulators, including residential gas stoves, gas logs, gas grills, and space heaters and installation and service of appliances and warm air heating equipment which are fueled by propane. Must work for a Pipefitter Master I or Pipefitter Master 2. Installations must be performed with a Pipefitter Master I, Pipefitter Master 2, Pipefitter Journeyperson I, or Pipefitter Journeyperson 2.

2.This would authorize the holder of the PJF/Propane license to work on and repair electrical wiring and equipment located between the burner thermal switch and the gas burner and equipment. The license shall limit the holder of the PJF/Propane license to do work on electric wiring or equipment located between the burner safety switch and the gas burner and equipment.

3.Applicants for a PJF/Propane license must show proof of completion of a trade sponsored program or a trade related program offered by a recognized college. All programs must be approved by the Rhode Island Department of Labor and Training. The minimum formal training period for the PJF/Propane license shall be two hundred and twenty (220) hours of combined classroom and laboratory technical training, approved by the Department of Labor and Training. PJF/Propane licensees must be employed by a licensed Pipefitter Master 2 (PM2) and a licensed Electrical Oilburner Contractor (Class E) to perform residential service work. Residential is considered to be 1 to 3 units.

4.A Class A, Electrical Contractor’s License, is needed for all commercial work and a Class B, Electrical Journeyperson’s License, is needed to service commercial work. A Class F, Electrical Oilburner Journeyperson’s License, employed by either an Electrical Contractor, Class A, or an Electrical Oilburner Contractor, Class E, shall be permitted to service residential gas burners.

5.The PJF/Propane License is limited to service work on propane burners not to exceed 500,000 BTU’s residential, and 500,000 BTU’s commercial.

G.PJF/ NATURAL GAS SERVICE MASTER II, LTD:

1.Can be self-employed.

2.Can be issued permits to do work.

3.Shall have held a Rhode Island PJF/NATURAL GAS SERVICE JOURNEYPERSON II, LTD license for a least one (1) year.

4.Shall have a regular place of business.

5.Shall have a working knowledge of gas furnace installations, controls, thermostats, control wiring, and related gas piping.

6.Limited to installation of warm air heating furnaces not exceeding 500,000 BTU’s.

7.May service gas fired burners on either water or steam systems. Cannot install boilers with this license.

8.All vehicles and places of business shall be identified by the displaying of Rhode Island Department of Labor & Training issued, license class, and number, under which business is conducted. Lettering must be a done at a minimum size of 3”

9.Contractors shall have an understanding of workers compensation insurance laws under R.I. Gen. Laws Title 28, temporary disability insurance laws under R.I. Gen. Laws Title 28, state tax withholding laws and procedures under R.I. Gen. Laws Chapter 44-30 and federal tax withholding laws and procedures under 26 U.S.C. § 3123 et seq., apprenticeship laws, rules, and regulations under R.I. Gen. Laws Chapter 28-27, and the federal Davis Bacon Act under 40 U.S.C. § 3141 et seq. and state prevailing wage laws under R.I. Gen. Laws Title 37. In addition, they shall have working knowledge of SMACNA Industry Standards, state occupational safety and health laws under R.I. Gen. Laws Chapter 28-20 and federal OSHA laws under 29 U.S.C. § 651 et seq., and the International Code Council State Building Code (Mechanical Code) SBC-4 (510-RICR-00-00-4).

10.A Class A, Electrical Contractor’s License is needed for all commercial work and a Class B, Electrical Journeyperson’s License, is needed to service commercial work. A Class F, Electrical Oilburner Journeyperson’s License, employed by either an Electrical Contractor, Class A, or an Electrical Oilburner Contractor, Class E, shall be permitted to service residential gas burners.

11.This person shall carry on his or her person at all times and shall affix his or her contractor's license number to any advertisement and/or contract he or she executes and/or bid he or she files with any consumer for his or her professional services and to any applicable permit required for the performance of those services.

12.An out state PJF/ NATURAL GAS SERVICE MASTER ll, LTD: license will allow the applicant to be tested for the PJF/ NATURAL GAS SERVICE MASTER ll, LTD: Rhode Island license. A copy of the license shall be attached to the application. In the event a State does not have a PJF/ NATURAL GAS SERVICE MASTER ll, LTD: available, a notarized resume showing a minimum of three (3) years experience, as a PJF/ NATURAL GAS SERVICE MASTER ll, LTD: shall accompany the application.

13.The PJF/ NATURAL GAS SERVICE MASTER ll, LTD License is limited to service work on natural gas burners not to exceed 500,000 BTU’s residential, and 500,000 BTU’s commercial.

H.PJF/NATURAL GAS SERVICE JOURNEYPERSON II, LTD:

1.Limited to installing headers and reconnection of gas service to existing equipment and related piping. Service work on natural gas burners and service of appliances and warm air heating equipment, which are fueled by natural gas. Must work for a Pipefitter Master I, or Pipefitter Master 2. Warm air furnace installations must be performed with a Pipefitter Master I, Pipefitter Master 2, Pipefitter Journeyperson I, or Pipefitter Journeyperson 2. This would authorize the holder of the PJF/Natural Gas Service Journeyperson II, Ltd. license to do work on and repair electrical wiring and equipment located between the burner thermal, or disconnect, switch and the gas burner and equipment.

2.The license shall limit the holder of the PJF/Natural Gas Service Journeyperson II, Ltd. license to do work on electric wiring or equipment located between the burner safety switch and the gas burner and equipment.

3.Applicants for a PJF/Natural Gas Service Journeyperson II, Ltd. license must show proof of completion of a trade sponsored program or a trade related program offered by a recognized college. All programs must be approved by the Rhode Island Department of Labor and Training. The minimum formal training period for the PJF/Natural Gas Service Journeyperson II, Ltd. license shall be two hundred and twenty (220) hours of combined classroom and laboratory technical training, approved by the Department of Labor and Training.

4.A Class A, Electrical Contractor’s License is needed for all commercial work and a Class B, Electrical Journeyperson’s License, is needed to service commercial work. A Class F, Electrical Oilburner Journeyperson’s License, employed by either an Electrical Contractor, Class A, or an Electrical Oilburner Contractor, Class E, shall be permitted to service residential gas burners.

5.The PJF/Natural Gas Service Journeyperson II, LTD: License is limited to service work on natural gas burners - not to exceed 500,000 BTU’s residential, and 500,000 BTU’s commercial.

I.Decorative Heating Appliances Limited II:

1.Municipal permits for installations shall be issued to this licensee.

2.Limited to the installation of: gas fired logs; gas, pellet, or wood decorative appliances and their related flue connections and terminations; replacement flue liners for residential installations only as defined by the State Building Codes SBC-1 (510-RICR-00-00-1).

3.Fuel piping to the above-mentioned equipment is not allowed with this license. Gas piping and servicing must be done by a properly licensed pipe fitter.

4.Applicants for this license pertaining to decorative heating appliances must hold a current certification from the National Chimney Sweep Guild or the National Fireplace Institute.

5.Applicants shall include with their application a notarized statement of at least two years experience in the related field.

J.Synthetic Exhaust Ducting Limited II:

1.Municipal permits for installations shall be issued to this licensee.

2.Limited to the installation of plastic exhaust ducting, not related to heating or air conditioning.

3.Applicants shall provide a certificate of completion of a plastic welding certification program.

4.Applicants shall include with their application a notarized statement of at least two years experience in the related field.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-27 to 01/04/2022
• Technical Revision — effective from 2003-07-29 to 11/27/2018
• Amendment — effective from 2003-06-26 to 07/29/2003
• Amendment — effective from 2003-01-07 to 06/26/2003
• EMERGENCY RULE Adoption — effective from 2002-08-06 to 01/07/2003

260-RICR-30-15-3 Rules and Regulations Relating to Prevailing Wages

260-RICR-30-15-3 § 3.1 Authority

These rules and regulations are promulgated pursuant to R.I. Gen. Laws Chapter 37-13.

History

• Periodic Refile — effective from 2022-01-04 to 09/28/2026
• Amendment — effective from 2018-12-16 to 01/04/2022
• Technical Revision — effective from 2017-03-12 to 12/16/2018
• Amendment — effective from 2017-03-12 to 03/12/2017
• Amendment — effective from 2013-05-16 to 03/12/2017
• Amendment — effective from 2012-11-22 to 05/16/2013
• Amendment — effective from 2012-04-17 to 11/22/2012
• Amendment — effective from 2011-11-20 to 04/17/2012
• Amendment — effective from 2011-06-13 to 11/20/2011
• Technical Revision — effective from 2008-05-25 to 06/13/2011
• Amendment — effective from 2008-05-25 to 05/25/2008
• Periodic Refile — effective from 2002-01-04 to 05/25/2008

260-RICR-30-15-3 § 3.2 Purpose

These rules ("hereinafter, Rules” or “Regulations”) are adopted for the purpose of regulating work on all public works projects.

History

• Periodic Refile — effective from 2022-01-04 to 09/28/2026
• Amendment — effective from 2018-12-16 to 01/04/2022
• Technical Revision — effective from 2017-03-12 to 12/16/2018
• Amendment — effective from 2017-03-12 to 03/12/2017
• Amendment — effective from 2013-05-16 to 03/12/2017
• Amendment — effective from 2012-11-22 to 05/16/2013
• Amendment — effective from 2012-04-17 to 11/22/2012
• Amendment — effective from 2011-11-20 to 04/17/2012
• Amendment — effective from 2011-06-13 to 11/20/2011
• Technical Revision — effective from 2008-05-25 to 06/13/2011
• Amendment — effective from 2008-05-25 to 05/25/2008
• Periodic Refile — effective from 2002-01-04 to 05/25/2008

260-RICR-30-15-3 § 3.3 Definitions

A.“Base hourly rate of pay” means the rate of pay identified for the trade as “Rates” on the General Wage Decisions of the Davis-Bacon Act, 40 U.S.C. § 3142 (2017).

B."Construction"

1.“Construction” means construction activity, as distinguished from manufacturing, furnishing of materials or servicing and maintenance work and includes, without limitation, the construction of buildings, structures, improvements of all types and heavy construction work;

2.Construction work includes altering, remodeling, demolishing existing structures, installation of items fabricated off-site, painting and decorating, the transporting of materials and supplies to or from the public works site by the employee of the public works contractor or subcontractor consistent with R.I. Gen. Laws § 37-13-7(c).

C.“Employee” means any person employed by an employer. This definition shall be interpreted consistent with the definition of “employee” under the Fair Labor Standards Act, 29 U.S.C. § 203(e), including any exemptions thereto under said Act applicable to employment in Rhode Island.

D.“Employer” means any person acting directly or indirectly in the interest of an employer in relation to an employee. This definition shall be interpreted consistent with the definition of “employee” herein and the definition of “employer” under 29 U.S.C. § 203(d), including any exemptions thereto under said act applicable to employment in Rhode Island.

E.“Fringe benefit” means a benefit that is granted by an employer to an employee by company policy that involves a monetary cost such as holiday pay, vacation pay, health insurance, bona fide pension plans, etc. Benefits required by law such as workers compensation, unemployment premiums and matching social security are not considered “fringe benefits” and cannot be used as a credit against the fringe benefit portion of the rate. Authorized fringe benefit credits may be deducted from prevailing wages owed pursuant to § 3.4(Q) of this Part.

F.“Fringe benefit credit” means the amount identified as “Fringes” for the trade on the General Wage Decisions, 40 U.S.C. § 3142 (2017).

G."Heavy construction"

1.“Heavy construction” means those construction projects that are not properly classified as either “building”, “highway”, or “residential”. Projects within the heavy classification are distinguished on the basis of their particular project characteristics, like complex engineering and industrial nature, and separate wage determinations;

2.Examples of heavy construction include, but are not limited to power plants, pipelines, mass transit lines, marine and port facilities, sewage and solid waste facilities, landfills wastewater treatment facilities, sanitary, storm and sewer facilities, water supply facilities, transmission lines, aqueducts, water treatment facilities, desalination plant facilities, dams and reservoirs and the laying of fiber optic cable.

H.“Independent contractor” means any natural person, business, corporation or entity of any kind that provides goods or services to another and that does not qualify as an “employee” as provided for herein.

I.“Prevailing wage” means the Base Hourly Rate of Pay plus the Fringe Benefit Credit which are listed on the General Wage Decisions, 40 U.S.C. § 3142 (2017), developed by the U.S. Department of Labor and adopted by the Rhode Island Department of Labor and Training.

J.“Prevailing wage law” means R.I. Gen. Laws § 37-13-1, et seq.

K.“Principal” is a person who has a majority of the ownership of a business, firm or corporation.

L.“Public agency” means the State of Rhode Island, any awarding agency or authority of the State of Rhode Island, those agencies listed at R.I. Gen. Laws § 37-13-7(d), any Rhode Island city, town or village or any division of same, or any person or other entity acting on behalf of any public agency as defined herein.

M."Public work"

1."Public work" means grading, clearing, demolition, improvement, completion, repair, alteration or construction on any public site;

2."Public work" does not include:

a.Grading, clearing, demolition, improvement, completion, repair, alteration or construction on any public site for which no salary or wages or in kind payments are paid or owed;

b.Ordinary maintenance work performed on a regularly scheduled basis (e.g., daily, weekly, monthly, seasonally, semiannually or annually) or on a routine basis to service, check, or replace items or parts that are not broken.

N."Public works contract" means any contract, purchase order, or any other legal agreement, in writing, for any public work or heavy construction on a public site to be performed by a public contractor on behalf of a public agency for a fixed or determinable amount of One Thousand Dollars or more ($1,000), where public funds are utilized.

1. “public works contract” does not include general maintenance and service contracts where the contractor performs comprehensive, wrap-around, general maintenance and services to public entities, including, but not limited to: janitorial services, the maintenance, servicing and limited replacement of air conditioning, electrical, heating, plumbing, refrigeration and ventilation systems and the limited replacement of structural and cosmetic materials within facilities when the size, type or extent of such facilities is not changed.

a.“Limited Replacement” means the replacement of electrical, mechanical or plumbing equipment and/or devices, or the demolition, removal and replacement and/or application of structural and cosmetic materials, including, but not limited to, drywall, ceiling tiles, paint, carpeting, flooring tiles and vinyl flooring, when the work is performed on an emergency basis to address immediate needs to return the facility to a safe and suitable operating condition.

b.“Servicing” means the routine work necessary to keep electrical, mechanical and plumbing systems operational, including, but not limited to: replacing filters, belts, hoses, gaskets and other parts required for the equipment to operate as intended.

O.“Public works contractor” means the prime contractor, and each and every subcontractor, performing public work or heavy construction on any public works project site.

P.“Public works project” means public work or heavy construction work at any public works site for a public purpose for which the prevailing wage law applies.

Q."Public works site"

1.“Public works site” means the physical place or places, but not a privately owned residence where the heavy construction or public work called for in the public works contract takes place or will remain and is owned or will be owned by the public agency;

2.The physical place(s) where the public work or heavy construction is to occur also means other adjacent or nearby property used by the public works contractor or subcontractor which can reasonably be said to be included in the public works site;

3.Physical place(s) which are not owned by a public agency but which are developed under contract and in anticipation of being owned by a public agency shall be considered a public works site.

R.“Residential construction” means projects consisting of single family homes and apartments up to and including four (4) stories.

S.“Successor in interest” is one who continues to retain the same right, control or interest in a new business, firm, or corporation which purchased or merged with a former business, firm or corporation.

History

• Periodic Refile — effective from 2022-01-04 to 09/28/2026
• Amendment — effective from 2018-12-16 to 01/04/2022
• Technical Revision — effective from 2017-03-12 to 12/16/2018
• Amendment — effective from 2017-03-12 to 03/12/2017
• Amendment — effective from 2013-05-16 to 03/12/2017
• Amendment — effective from 2012-11-22 to 05/16/2013
• Amendment — effective from 2012-04-17 to 11/22/2012
• Amendment — effective from 2011-11-20 to 04/17/2012
• Amendment — effective from 2011-06-13 to 11/20/2011
• Technical Revision — effective from 2008-05-25 to 06/13/2011
• Amendment — effective from 2008-05-25 to 05/25/2008
• Periodic Refile — effective from 2002-01-04 to 05/25/2008

260-RICR-30-15-3 § 3.4 Rules and Regulations

A.Any contractor who has been awarded a contract for a public works project in excess of One Thousand Dollars ($1,000), or any subcontractor performing work on said project, shall be liable for the payment of the applicable Prevailing Wage amount listed in the General Wage Decisions of the Davis-Bacon Act, 40 U.S.C. § 3142 (2017), regardless of whether or not the prevailing wages were listed in the contract between the contractor and the awarding authority of the state or political sub-division, as required by law. The Fringe Benefit Credit amount listed in the applicable General Wage Decisions 40 U.S.C. § 3142 (2017), always be paid in full as either a bona fide Fringe Benefit Credit or cash equivalent or both.

B.Any contractor who has been awarded a contract for a public works project in excess of One Thousand Dollars ($1,000), shall be liable for the payment of prevailing wages regardless of whether or not a subcontractor may be the primary obligor. The contractor shall ensure that a subcontractor pays the prevailing wage to its employees and otherwise complies with the provisions of R.I. Gen. Laws § 37-13-1, et seq.

C.Pursuant to R.I. Gen. Laws § 37-13-4, all public works projects shall be done by contract. Before awarding a contract for a public works project, an awarding authority shall first determine from the Department of Labor and Training’s website, Debarment List, whether the proposed contractor has been debarred under R.I. Gen. Laws § 37-13-14.1 and shall then disqualify all such debarred contractors. In addition, the awarding authority shall notify all bidders that the Prevailing Wage is required as a condition of the contract.

D.All alleged violations of noncompliance with R.I. Gen. Laws Chapter 37-13 shall be made in writing, and on forms issued by the Department of Labor and Training. The written complaints must be filed with the Department of Labor and Training on the Department’s written complaint form within twenty-four (24) months of the completion of the project.

E.For apprentices registered pursuant to R.I. Gen. Laws § 28-45-1, et seq., a percentage of the Base Hourly Rate of Pay must be taken in accordance with the scale listed in the apprentice’s apprenticeship agreement. If the employee is not registered as an apprentice pursuant to R.I. Gen. Laws § 28-45-1, et seq., then the employee must be paid the full Prevailing Wage according to the General Wage Decisions 40 U.S.C. § 3142 (2017) for the classification of the work actually performed. Moreover, all general contractors and subcontractors who perform work on any public works contract awarded by the state and valued at One Million Dollars ($1,000,000) or more shall employ apprentices required for the performance of the awarded contract. The number of apprentices shall comply with the apprentice to journeyperson ratio for each trade approved by the Department of Labor and Training. State awarding authorities may determine from the Department of Labor and Training’s website, whether all contractors and subcontractors have a registered apprenticeship program. Apprentices found to be working outside of the applicable journeyperson to apprentice job site ratios shall be paid at the full applicable journeyperson Prevailing Wage.

F.Any proceeding to debar a contractor from bidding on a public works project under the provisions of R.I. Gen. Laws § 37-13-14.1, may be brought against the principals, officers, or successors in interest of such contractor, where such principals, officers or successors in interest are responsible for the violation of the prevailing wage requirements.

G.The Department of Labor and Training will be guided by the General Wage Decisions 40 U.S.C. § 3142 (2017), in accordance with R.I. Gen. Laws § 37-13-8.

H.In order to comply with R.I. Gen. Laws § 37-13-13, contractors and subcontractors shall execute a fully completed RI Certified Weekly Payroll Form, provided by the agency, for each week of work performed on the project and shall furnish the fully executed RI Certified Weekly Payroll Form to the awarding authority on a monthly basis for all work completed in the preceding month. However, federal forms may be submitted to the Rhode Island Department of Transportation. If the Department of Labor and Training investigates any contractor awarded a contract from the Rhode Island Department of Transportation, the contractor shall furnish the Department of Labor and Training a fully executed certified payroll on the RI Certified Weekly Payroll Form provided by the agency, within ten (10) days of request. All awarding authorities shall furnish the Department of Labor and Training any requested certified payroll within ten days of request. The Department of Labor and Training may impose a penalty of up to Five Hundred Dollars ($500) for each calendar day of noncompliance with this section.

I.In compliance with R.I. Gen. Laws § 37-13-13, when the general or primary contract is One Million Dollars ($1,000,000) or more, each contractor or subcontractor shall maintain on the work site a fully executed RI Certified Prevailing Wage Daily Log, listing the contractor’s employees employed each day on the public works site; the RI Certified Prevailing Wage Daily Log shall be available for inspection on the public works site at all times; this rule shall not apply to road, highway, or bridge public works projects. Where applicable, contractors must furnish both the Rhode Island Certified Prevailing Wage Daily Log, together with the Rhode Island Weekly Certified Payroll, to the appropriate awarding authority. The Department of Labor and Training may impose a penalty of up to Five Hundred Dollars ($500) for each calendar day of noncompliance with this section; mere errors or omissions in the RI Certified Prevailing Wage Daily Log shall not be grounds for imposing a penalty under this section.

J.The Director of Labor and Training may enter into consent agreements with contractors and/or subcontractors to resolve all issues under R.I. Gen. Laws § 37-13-1, et seq.

K.In enforcing the provisions of R.I. Gen. Laws § 37-13-1, et seq., when any contractor or subcontractor fails to comply with R.I. Gen. Laws § 37-13-13(a) and (b), the Director of Labor and Training may order an awarding authority to withhold all future payments until such time as the contractor or subcontractor has fully complied. The amount withheld from any subcontractor shall be proportionate to the amount attributed or due the offending subcontractor as determined by the awarding authority.

L.All service and maintenance contracts with the State of Rhode Island or political subdivision therefore shall comply with the provisions of R.I. Gen. Laws Chapter 37-13, where the contract price exceeds One Thousand Dollars ($1,000) and the work includes alterations, installation, repairs or construction. See § 3.3 of this Part for exceptions.

M.Each contractor awarded a contract with a contract price in excess of One Thousand Dollars ($1000) for public works, each subcontractor who performs work on public works and each awarding authority awarding any such contract, shall keep those certified weekly payroll records required by R.I. Gen. Laws § 37-13-13 and on the forms set forth in § 3.4(H) of this Part, in a safe and secure location for a period of five (5) years from the date such work was performed. Certified weekly payroll records shall be made available to the Director of the Department of Labor and Training within ten (10) days of request to any contractor, subcontractor, or awarding authority.

N.The prevailing rate of wages and payments made to or on behalf of employees, as set forth in R.I. Gen. Laws Chapter 37-13, for general contractors and subcontractors, shall be determined as of the date of the awarding of the contract for public works to the general contractor and shall remain effective until such time as those rates are modified pursuant to R.I. Gen. Laws § 37-13-8.

O.The Department of Labor and Training, in making its investigation and determination of prevailing wages pursuant to R.I. Gen. Laws § 37-13-8, shall not determine or address jurisdictional disputes between trade or trades.

P.All alleged violations of non-compliance with R.I. Gen. Laws Chapter 37-13, filed with the Department of Labor and Training shall include information sufficient to establish a prima facie claim, and the Department may reject any complaint that does not establish such claim. This information shall include, but shall not be limited to: evidence of the actual work performed by the employee(s) involved in the complaint; the locations(s) and the exact date(s) the work in question was performed; verification of the funding source; and evidence that the correct prevailing wage was not in fact received.

Q.The Director of Labor and Training hereby adopts the United States Department of Labor’s definition of bona fide fringe benefit credits. These benefits may include medical or hospital coverage, life insurance, disability insurance (not workers’ compensation), pension, 401k, apprentice costs (books, tuition) or holiday, sick, vacation/personal time. State mandated unemployment insurance, travel, gas reimbursement, company vehicle, uniforms and discretionary bonuses are not bona-fide fringe benefits. In addition, in order for the plan to be acceptable, the following stipulations must be met:

1.Contributions must be irrevocable and for the employee's benefit;

2.Contributions must be made regularly and at least on a quarterly basis;

3.Contributions must not be required by law (i.e.: taxes, workers' compensation, social security, etc.);

4.Contributions made for fringe benefit plans for prevailing wage work may not be used to fund the plan for periods of non-prevailing wage work;

5.The amount of contributions for fringe benefits must be paid irrevocably to a trustee or third party

R.If the fringe benefits are anticipated to be paid from general assets of the contractor (ex. holidays, sick and vacation days, profit sharing, etc.), the contractor must set aside, in an escrow account the amount of money the contractor plans to claim as a fringe benefit credit for the prevailing wage project. In the event that an employee leaves the company before the end of the calendar year and prior to the completion of the project, any remaining escrowed funds must be paid to the employee. The allowable hourly credit must be determined separately and documented for each employee since the credit is based on figures that will usually vary for each individual, depending on their benefit contribution amount, type of benefits, hours worked, etc. In addition, only the employer’s contribution toward a benefit may be used to calculate the allowable hourly credit.

S.Owners, supervisors, or foremen performing manual work on the public works site must be documented as employees on the contractor’s RI Certified Weekly Payroll Form, which must show payment of the applicable prevailing wage rate.

T.Pursuant to R.I. Gen. Laws § 37-13-10, overtime shall be calculated on the Base Hourly Rate of Pay listed in the General Wage Decisions (Davis-Bacon Wage Determinations) and not the Fringe Benefit Credit amount. The full Fringe Benefit Credit amount listed in the General Wage 40 U.S.C. § 3142 (2017), must be added to the adjusted Base Hourly Rate of Pay.

U.Pursuant to R.I. Gen. Laws §§ 37-13-2 and 37-13-3.1, all general contractors and subcontractors who bid and/or perform work on state public works projects valued at One Million Dollars ($1,000,000) or more shall employ apprentices and shall be subject to the following provisions:

1.Bidding

a.Pursuant to R.I. Gen. Laws § 37-13-2, any person, firm, or corporation bidding on a state public works contract (“general contractor”) valued at One Million Dollars ($1,000,000) or more shall certify their ability to perform the contract by meeting the apprenticeship requirements set forth in R.I. Gen. Laws § 37-13-3.1.

b.If the general contractor employs apprentices, then the apprentices must be subject to an apprenticeship agreement as defined by R.I. Gen. Laws § 28-45-10 in order for the general contractor to qualify for payment of the applicable apprentice wage rate set forth on the wage schedule pursuant to § 3.4(E) of this Part.

c.Prior to bidding on a state public works contract valued at One Million Dollars ($1,000,000) or more, the general contractor shall certify compliance with apprenticeship requirements by fully executing a General Contractor Apprenticeship Certification Form. The general contractor shall meet one of the qualifications identified on said form. The general contractor shall attach said form to his/her application to bid and submit to the awarding authority.

d.No contract award for a state public works contract valued at One Million Dollars ($1,000,000) or more shall be made to any general contractor who fails to submit a fully executed and truthful General Contractor Apprenticeship Certification Form.

2.Awarding

a.Pursuant to R.I. Gen. Laws § 37-13-3.1, all general contractors who perform work on any public works contract awarded by the state and valued at One Million Dollars ($ 1,000,000) or more shall certify their ability to perform the contract by meeting the apprenticeship requirements set forth in R.I. Gen. Laws § 37-13-3.1.

b.If the general contractor employs apprentices, then the apprentices must be subject to an apprenticeship agreement as defined by R.I. Gen. Laws § 28-45-10 in order for the general contractor to qualify for payment of the applicable apprentice wage rate set forth on the wage schedule pursuant to § 3.4(E) of this Part.

c.Prior to the award of a state public works contract valued at One Million Dollars ($1,000,000) or more, the general contractor who will perform the work shall re-certify compliance with apprenticeship requirements by fully executing a General Contractor Apprenticeship Re-Certification and Certification Form. The general contractor shall meet one of the qualifications identified in Part A of General Contractor Apprenticeship Re-Certification and Certification Form.

d.The general contractor who will perform work on the state public works project only through the use of subcontractors shall certify compliance with the apprenticeship requirements by completing the “non-performance” qualification of Part A of General Contractor Apprenticeship Re-Certification and Certification Form. Whether the general contractor or its subcontractors are performing work on the project, the general contractor shall certify that the subcontractors performing work on the project are in compliance with the apprenticeship requirements set forth in R.I. Gen. Laws § 37-13-3.1 by completing Part B of General Contractor Apprenticeship Re-Certification and Certification Form. General contractors shall submit said form to the awarding authority.

e.No contract award shall be made to any general contractor who fails to submit a fully executed and truthful General Contractor Apprenticeship Re-Certification and Certification Form.

3.Awarding and Subcontractors

a.Pursuant to R.I. Gen. Laws § 37-13-3.1, any subcontractor who performs work on any public works contract awarded by the state and valued at One Million Dollars ($ 1,000,000) or more shall certify its ability to perform the contract by meeting the apprenticeship requirements set forth in R.I. Gen. Laws § 37-13-3.1.

b.If subcontractors employ apprentices, then the apprentices must be subject to an apprenticeship agreement as defined by R.I. Gen. Laws § 28-45-10 in order for subcontractors to qualify for payment of the applicable apprentice wage rate set forth on the wage schedule pursuant to § 3.4(E) of this Part.

c.Prior to the award of a state public works contract valued at One Million Dollars ($1,000,000) or more, all subcontractors who will perform work on the project shall certify compliance with the apprenticeship requirements by fully executing a Subcontractor Apprenticeship Certification Form. The subcontractor shall meet one of the qualifications identified in Part A of the Subcontractor Apprenticeship Certification Form.

d.The subcontractor who will perform work on the state public works project only through the use of subcontractors shall certify compliance with the apprenticeship requirements by completing the “nonperformance” qualification of Part A of the Subcontractor Apprenticeship Certification Form. Whether the subcontractor or its subcontractors are performing work on the project, the subcontractor shall certify that the subcontractors performing work on the project are in compliance with the apprenticeship requirements set forth in R.I. Gen. Laws § 37-13-3.1 by completing Part B of the Subcontractor Apprenticeship Certification Form. Subcontractors shall submit said form to the general contractor and/or hiring subcontractor for submission to the awarding authority.

e.For state public works contracts valued at One Million Dollars ($1,000,000) or more, no general contractor and/or subcontractor shall hire any subcontractor who fails to submit a fully executed and truthful Subcontractor Apprenticeship Certification Form.

f.For subcontractors hired after contract award of a state public works contract valued at One Million Dollars ($1,000,000) or more, said subcontractors shall submit said apprenticeship certification form to the general contractor and/or hiring subcontractor prior to or at the time of hiring.

4.Cancellation of Award; Penalties and Enforcement Proceedings

a.Pursuant to R.I. Gen. Laws § 37-13-16, an awarding authority may cancel an award if apprentice wages are paid to apprentices who are not subject to an apprenticeship agreement as defined by R.I. Gen. Laws § 28-45-10.

b.Pursuant to R.I. Gen. Laws § 37-13-12.4, general contractors and subcontractors determined to be in violation of these regulations shall be subject to fines and penalties.

c.Pursuant to R.I. Gen. Laws §§ 37-13-14.1(a) and (d) and (f), general contractors and subcontractors determined to be in violation of these regulations shall be subject to enforcement proceedings.

History

• Periodic Refile — effective from 2022-01-04 to 09/28/2026
• Amendment — effective from 2018-12-16 to 01/04/2022
• Technical Revision — effective from 2017-03-12 to 12/16/2018
• Amendment — effective from 2017-03-12 to 03/12/2017
• Amendment — effective from 2013-05-16 to 03/12/2017
• Amendment — effective from 2012-11-22 to 05/16/2013
• Amendment — effective from 2012-04-17 to 11/22/2012
• Amendment — effective from 2011-11-20 to 04/17/2012
• Amendment — effective from 2011-06-13 to 11/20/2011
• Technical Revision — effective from 2008-05-25 to 06/13/2011
• Amendment — effective from 2008-05-25 to 05/25/2008
• Periodic Refile — effective from 2002-01-04 to 05/25/2008

260-RICR-30-15-5 Apprenticeship Programs in Trade and Industry

260-RICR-30-15-5 § 5.1 Authority, Purpose, and Scope

A.AUTHORITY: R.I. Gen. Laws § 28-45-3 authorizes Rhode Island Apprenticeship Council to formulate and promote the furtherance of labor standards necessary to safeguard the welfare of apprentices and to extend the application of such standards by requiring the inclusion thereof in contracts of apprenticeship.

B. PURPOSE: To set forth labor standards to safeguard the welfare of apprentices, and to extend the application of such standards by prescribing rules and regulations concerning the registration of acceptable apprenticeship programs. These labor standards, rules and regulations cover the registration, termination, and deregistration of apprenticeship programs; and of apprenticeship agreements and matters relating thereto. ?

C.SCOPE: The provisions of this regulation shall apply to a person, firm, corporation, or craft only after such person, firm, corporation, or craft has voluntarily elected to conform with its provision. ?

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-08 to 01/04/2022
• Amendment — effective from 2013-07-15 to 11/08/2018
• Amendment — effective from 2010-11-02 to 07/15/2013
• Periodic Refile — effective from 2001-12-17 to 11/02/2010

260-RICR-30-15-5 § 5.2 Incorporated Materials

A. These regulations hereby adopt and incorporate 29 C.F.R. § 18 (1990) 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.

B. These regulations hereby adopt and incorporate 29 C.F.R. § 29 (2008) 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.

C. These regulations hereby adopt and incorporate 29 C.F.R. § 29.5 (2008) 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.

D. These regulations hereby adopt and incorporate 29 C.F.R. § 29.7 (2008) 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.

E. These regulations hereby adopt and incorporate 29 C.F.R. § 29.10 (2008) 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.

F. These regulations hereby adopt and incorporate 29 C.F.R. § 30 (1984) 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.

G. These regulations hereby adopt and incorporate 29 C.F.R. § 30.3 (1984) 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.

H. These regulations hereby adopt and incorporate 29 C.F.R. § 30.4 (1984) 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.

I. These regulations hereby adopt and incorporate 29 C.F.R. § 30.5 (1984) 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.

J. These regulations hereby adopt and incorporate 29 U.S.C. § 651 et seq. (2004) 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

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-08 to 01/04/2022
• Amendment — effective from 2013-07-15 to 11/08/2018
• Amendment — effective from 2010-11-02 to 07/15/2013
• Periodic Refile — effective from 2001-12-17 to 11/02/2010

260-RICR-30-15-5 § 5.3 Definitions – As used in this regulation:

A. “Administrator” means the Administrator of the Office of Apprenticeship, or any person specifically designated by the Administrator.

B. “Apprentice” means a person of at least sixteen (16) years of age, participating, through employment, in an approved schedule requiring not less than 2,000 hours of on-the-job work experience supplemented by related instruction and who is a party of an approved apprenticeship agreement registered with the Department.

C. “Apprenticeship agreement" means a written agreement complying with materials incorporated above at § 5.2(D) of this Part, between an apprentice and either the apprenticeship program sponsor, or an apprenticeship committee acting as agent for the program sponsor(s), which contains the terms and conditions of the employment and training of the apprentice.

D. “Apprenticeship cohort” means the group of individual apprentices registered to a specific program during a one (1) year time frame, except that a cohort does not include the apprentices whose apprenticeship agreement has been cancelled during the probationary period.

E. "Apprenticeship committee" means persons designated by the sponsor to act for it in the administration of the program. A committee may be:

1. “Joint” – composed of an equal number of employer representatives and employee representatives, represented by a bona fide collective bargaining agent; and has been established to conduct, operate or administer an apprenticeship program and enter into apprenticeship agreements with apprentices.

2. “Unilateral” or “Non-Joint” – a program sponsor in which a bona fide collective bargaining agent is not a participant; it includes an individual non-joint sponsor and a group non-joint sponsor

F. “Apprenticeship program” means a plan containing all terms and conditions for the qualification, recruitment, selection, employment, and training of apprentices, as required by materials incorporated above at §§ 5.2(B) through (F) of this Part, including such matters as the requirements for a written apprenticeship agreement. ?

G. “Cancellation” means the termination of the registration or approval status of a program at the request of the Sponsor, or termination of an Apprenticeship Agreement at the request of the apprentice. ?

H. “Certification" or "Certificate” means documentary evidence that:

1. The Office of Apprenticeship has approved a set of National Guidelines for Apprenticeship Standards developed by a national committee or organization, joint or unilateral, for policy or guideline use by local affiliates, as conforming to the standards of apprenticeship set forth in materials incorporated above at § 5.2(C) of this Part; ?

2. The Department has established that an individual is eligible for probationary employment as an apprentice under a registered apprenticeship program; ?

3. The Department has registered an apprenticeship program as evidenced by a Certificate of Registration or other written indicia; ?

4. The Department has determined that an apprentice has successfully met the requirements to receive an interim credential; or ?

5. The Department has determined that an individual has successfully completed apprenticeship pursuant to R.I. Gen. Laws § 28-45-3. ?

I. “Competency” means the attainment of manual, mechanical, or technical skills and knowledge as specified by an occupational standard and demonstrated by an appropriate written and hands-on proficiency measurement pursuant to R.I. Gen. Laws § 28-45-9. ?

J. “Completion rate” means the percentage of an apprenticeship cohort who receives a certificate of apprenticeship completion within one (1) year of the projected completion date. ?

K. “Council" or "State Apprenticeship Council” or "SAC" means an entity established as part of the Department of Labor and Training, and operating under its direction, in order to assist the department by:

1. promulgating regulations consistent with materials incorporated above at §§ 5.2(B) through (F) of this Part; and

2. providing advice and guidance to the director of the Department of Labor and Training on the operation of the Rhode Island Apprenticeship Program. ?

L. “Department” means the Rhode Island Department of Labor and Training. ?

M. “Electronic media” means media that utilize electronics or electromechanical energy for the end user (audience) to access the content.

1. This includes, but is not limited to, electronic storage media, transmission media, the Internet, extranet, lease lines, dial-up lines, private networks, and the physical movement of removable/transportable electronic media and/or interactive distance learning. ?

N. "Employer" means any person or organization employing an apprentice, regardless of whether such person or organization is a party to an apprenticeship agreement with the apprentice. ?

O. “Federal purposes” means any Federal contract, grant, agreement or arrangement dealing with apprenticeship; and any Federal financial or other assistance, benefit, privilege, contribution, allowance, exemption, preference or right pertaining to apprenticeship. ?

P. “Interim credential” means a credential issued by the Department, upon request of the appropriate sponsor, as certification of competency attainment by an apprentice. ?

Q. “Journeyworker” or “Journeyperson” means a worker recognized within the industry as having mastered the skills, abilities, and competencies required for the occupation.

1. Use of the term may also refer to a mentor, technician, specialist, or other skilled worker who has documented sufficient skills and knowledge of an occupation, either through formal apprenticeship or through practical on-the-job experience and formal training. ?

R. “Office of apprenticeship” means the office designated by the Employment and Training Administration to administer the National Apprenticeship System or its successor organization. ?

S. “Provisional registration” means the one (1) year initial provisional approval of newly registered programs that meet the required standards for program registration, after which program approval may be made permanent, continued as provisional, or rescinded following a review by the Council, as provided for in the criteria described in § 5.4 of this Part. ?

T. “Quality assurance assessment” means a comprehensive review conducted by the Department regarding all aspects of an Apprenticeship Program’s performance, including but not limited to, determining if apprentices are receiving: on-the-job training in all phases of the apprenticeable occupation; scheduled wage increases consistent with the registered standards; related instruction through appropriate curriculum and delivery systems; and that the Department is receiving notification of all new registrations, cancellations, and completions as required herein. ?

U. “Registration agency” means the Office of Apprenticeship (acting as a registration agency) or a state recognized apprenticeship agency, including the Department. ?

V. "Registration of an apprenticeship agreement" means the acceptance and recording thereof by the Department as evidence of the participation of the apprentice in a particular registered apprenticeship program. ?

W. "Registration of an apprenticeship program" means the acceptance and recording of such program by the Department as meeting the basic standards and requirements of the Department for approval of such program. Approval is evidenced by a certificate of registration or other written indicia. ?

X. “Related instruction” means an organized and systematic form of instruction designated to provide the apprentice with knowledge of the theoretical and technical subjects related to the apprentice’s occupation. Such instruction may be given in a classroom, through occupational or industrial courses, or by correspondence courses of equivalent value, electronic media, or other forms of self-study approved by the Department. ?

Y. “Secretary” means the U.S. Department of Labor Secretary of Labor or any person designated by the Secretary. ?

Z. “Sponsor” means any person, association, committee, or organization operating an apprenticeship program and in whose name the program is (or is to be) registered or approved.

AA.“Standards of apprenticeship” means the written document which sets forth the minimum labor standards required by law for training apprentices in a specified industry, area or plant. By reference, it is a part of the apprenticeship agreement. There are two basic types of standards:

1. one providing for joint employer-union participation in the program; and

2. the second, referred to as unilateral standards, where responsibility for the apprenticeship is assumed by either management or organized labor, but not both. Normally, unilateral programs are sponsored by single employers. ?

BB. “Technical assistance” means guidance provided by Department staff in the development, revision amendment, or processing of a potential or current program sponsor’s Standards of Apprenticeship, Apprenticeship Agreements, or advice or consultation with a Sponsor to further compliance with this part.

CC. “Transfer” means a shift of apprenticeship registration from one program to another or from one employer within a program to another employer within that same program, where there is agreement between the apprentice and the affected Apprenticeship Committees or Sponsors.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-08 to 01/04/2022
• Amendment — effective from 2013-07-15 to 11/08/2018
• Amendment — effective from 2010-11-02 to 07/15/2013
• Periodic Refile — effective from 2001-12-17 to 11/02/2010

260-RICR-30-15-5 § 5.4 Eligibility and Procedure for Council Registration

A. Eligibility for registration of an apprenticeship program for various Federal Purposes is conditioned upon a program's conformity with the apprenticeship program standards published in this part. For a program to be determined by the Secretary as being in conformity with these published standards, the program must apply for registration and be registered with the Office of Apprenticeship or with a State Apprenticeship Agency recognized by the Office of Apprenticeship. The determination by the Secretary that the program meets the apprenticeship program standards is effectuated only through such registration. ?

B. Only an apprenticeship program or agreement that meets the following criteria is eligible for Department registration:

1. It is in conformity with the requirements of this part and the training is in an apprenticeable occupation having the characteristics set forth in § 5.5 of this Part; and

2. It is in conformity with the requirements of the Office of Apprenticeship regulations on Equal Employment Opportunity in Apprenticeship and Training as incorporated in § 5.2(F) of this Part. ??

C. Except as provided § 5.4(D) of this Part, apprentices must be individually registered under a registered program. Such individual registration may be affected:

1. By filing copies of each individual Apprenticeship Agreement with the Department; or ?

2. Subject to Department approval, by filing a master copy of such agreement followed by a listing of the name, and other required data, of each individual, when apprenticed.

3. Such registration shall be made by filing the individual Apprenticeship Agreement with the Department within forty-five (45) calendar days of the date of selection, and shall become effective upon signature by the Department.

a. The names of persons in probationary employment as an apprentice under an apprenticeship program registered by the Department, if not individually registered under such program, must be submitted within forty-five (45) days of employment to the Department for certification to establish the apprentice as eligible for such probationary employment, unless prohibited by applicable licensing law. ?

D. The Department must be notified within forty-five (45) days of persons who have successfully completed apprenticeship programs; and of transfers, suspensions, and cancellations of apprenticeship agreements, including a statement of the reasons therefore. ?

E. Operating Apprenticeship Programs, when approved by the Department, are provided with registration and/or approval evidenced by a certificate of registration or other similar written indicia. ?

F. Applications for new programs that the Department determines meet the required standards for program registration must be given provisional approval for a period of one (1) year. The Department must review all new programs for quality and for conformity with the requirements of this part at the end of the first year after registration. At that time: ?

1. A program that conforms with the requirements of this part may:

a. be made permanent; or

b. continue to be provisionally approved through the first full training cycle.

2. A program not in operation or not conforming to the regulations during the provisional approval period shall be recommended for deregistration procedures.

G. The Department must review all programs for quality and for conformity with the requirements of this part at the end of the first full training cycle. A satisfactory review of a provisionally approved program will result in conversion of provisional approval to permanent registration. Subsequent reviews must be conducted no less frequently than every five years. Programs not in operation or not conforming to the regulations must be recommended for deregistration procedures.

H. Any sponsor proposals or applications for modification(s) or change(s) to registered programs for Apprenticeship Standards must be submitted to the Department. The Department shall determine whether to approve such submissions within ninety (90) days from the date of receipt. If approved, the modification(s) or change(s) will be recorded and acknowledged within ninety (90) days of approval as amendment(s) to such program. If not approved, the sponsor must be notified of the disapproval and the reasons therefore; and provided the appropriate technical assistance. ?

I. If the Sponsor is involved in any abnormal labor condition such as a strike, lockout, or other similar condition, the application for an apprenticeship program may be withheld until such issue is resolved. ?

J. If it should be determined by the Department that a Sponsor is in violation of any Federal or State Labor laws, or rules and regulations affecting registration of programs, the application for an apprenticeship program may be withheld until such issues are resolved. ?

K. Under a program proposed for registration by an employer or employers' association, where the standards, collective bargaining agreement or other instrument, provides for participation by a union in any matter in the operation of the substantive matters of the apprenticeship program, and such participation is exercised, written acknowledgement of union agreement or no objection to the registration is required. Where no such participation, by a union, is evidenced and practiced, the employer or employers' association shall simultaneously furnish to an existing union, if any, which is the collective bargaining agent of the employees to be trained, a copy of its application for registration and of the Apprenticeship Program. The Department shall provide for receipt of union comments, if any, within forty-five (45) days before final action on the application for registration and/or approval. ?

L. Where the employees to be trained have no collective bargaining agreement, an Apprenticeship Program may be proposed for registration by an employer or group of employers, or an employer association. ?

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-08 to 01/04/2022
• Amendment — effective from 2013-07-15 to 11/08/2018
• Amendment — effective from 2010-11-02 to 07/15/2013
• Periodic Refile — effective from 2001-12-17 to 11/02/2010

260-RICR-30-15-5 § 5.5 Criteria for Apprenticeable Occupations

A.An apprenticeable occupation is one which:

1. Is customarily learned in a practical way through a structured systematic program of on-the-job supervised learning; ?

2. Is clearly identified and commonly recognized throughout an industry;

3. Involves the progressive attainment of manual, mechanical, or technical skills and knowledge which, in accordance with the industry standard for the occupation;

4.Requires the completion of at least 2,000 hours of on-the-job learning; and ?

5. Requires related instruction to supplement the on-the-job learning.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-08 to 01/04/2022
• Amendment — effective from 2013-07-15 to 11/08/2018
• Amendment — effective from 2010-11-02 to 07/15/2013
• Periodic Refile — effective from 2001-12-17 to 11/02/2010

260-RICR-30-15-5 § 5.6 Standards of Apprenticeship

A.An Apprenticeship Program to be eligible for registration by the Department shall conform to the following standards:

1. The program is a written plan embodying the terms and conditions of employment, training and supervision of one or more apprentices in the apprenticeable occupation, as defined in R.I. Gen. Laws Chapter 28-45 and this regulation, and subscribed to by a Sponsor who has undertaken to carry out the apprentice training program.

2. The following standards are prescribed for an Apprenticeship Program:

a. The employment and training of the apprentice in a skilled trade, craft or occupation; ?

b. The term of apprenticeship, which for an individual apprentice may be measured either through the completion of the industry standard for on-the-job learning (at least 2,000 hours) (time-based approach), the attainment of competency (competency-based approach), or a blend of the time-based and competency-based approaches (hybrid approach):

(1) The time-based approach measures skill acquisition through the individual apprentice’s completion of at least 2,000 hours of on-the-job learning as described in a work process schedule. ?

(2)The competency-based approach measures skill acquisition through the individual apprentice’s successful demonstration of acquired skills and knowledge, as verified by the program sponsor. Programs utilizing this approach must still require apprentices to complete an on-the-job learning component of registered apprenticeship. The program standards must address how on-the-job learning will be integrated into the program, describe competencies, and identify an appropriate means of testing and evaluation for such competencies. ?

(3) The hybrid approach measures the individual apprentice’s skill acquisition through a combination of specified minimum number of hours of on-the-job learning and the successful demonstration of competency as described in a work process schedule. ?

(4)The determination of the appropriate approach for the program standards is made by the program sponsor, subject to approval by the Department of the determination as appropriate to the apprenticeable occupation for which the program standards are registered. ?

c. An outline of work processes in which the apprentice will receive supervised work experience and on-the-job learning, and the allocation of the approximate time to be spent in each major process; ?

d. Provision for organized, related instruction in technical subjects related to the occupation, including a description of how testing and evaluation will be administered. A minimum of one hundred and forty-four (144) hours for each year of apprenticeship is recommended. This instruction in technical subjects may be accomplished through media such as classroom, occupational or industry courses, electronic media, or other instruction approved by the Department. Related and supplemental instruction may be provided in person or via electronic media. ?

(1) The Sponsor shall provide the following information to be granted approval for the use of electronic media:

(AA)The rationale for implementing the electronic media;

(BB)The type(s) and availability of electronic media to be utilized; and

(CC) A list of the courses, description, and the number of hours required to complete each course being delivered by electronic media.

(2) Every apprenticeship instructor must:

(AA)Meet the Rhode Island Department of Education's requirements for a vocational-technical instructor in Rhode Island or be a subject matter expert, which is an individual, such as a journeyworker, who is recognized within an industry as having expertise in a specific occupation; and

(BB)Have training in teaching techniques and adult learning styles, which may occur before or after the apprenticeship instructor has started to provide the related technical instruction.

e. A statement of the progressively increasing scale of wages to be paid the apprentice consistent with the skill acquired, the entry wage to be not less than the minimum wage prescribed by the Federal and State Labor Standards Acts, where applicable, unless a higher wage is required by other applicable Federal law, State law, respective regulations, or by Collective Bargaining Agreement;

f. A provision for probationary period reasonable in relation to the full apprenticeship term, with full credit given for such period toward completion of apprenticeship; the probationary period cannot exceed twenty-five (25) percent of the length of the program, or one (1) year, whichever is greater; ?

g. Authority for the cancellation of an Apprenticeship Agreement during the probationary period by either party without stated cause; cancellation during the probationary period will not have an adverse impact on the sponsor's completion rate;

h. A provision that after the probationary period, the Council shall be empowered to terminate an Apprenticeship Agreement upon agreement of the parties thereto; or for good cause on the Council's own motion after giving all parties notice and opportunity to be heard; ?

i. Adequate and safe equipment and facilities for training and supervision, and safety training for apprentices on the job and in related instruction; ?

j. Provision for the numeric ratio of apprentices to Journeymen consistent with proper supervision, training, safety, and reasonable continuity of employment, and applicable provisions in collective bargaining agreements. The ratio language shall be specific and clear as to application in terms of jobsite, work force, department, or plant. The initial ratio of apprentice to journeymen is 1-1 and the remaining ratios are set forth in § 5.17 of this Part and made a part herein and is applicable to all participating employers in each apprenticeable trade, craft, or occupation; ?

k. The transfer of an apprentice between apprenticeship programs and within an apprenticeship program must be based on agreement between the apprentice and the affected Apprenticeship Committees or program Sponsors, and must comply with the following requirements:

(1) The transferring apprentice must be provided a transcript of related instruction and on-the-job learning by the committee or Sponsor; ?

(2) Transfer must be to the same occupation;

(3)A new Apprenticeship Agreement must be executed when the transfer occurs between program Sponsors; ?

(4) The apprentice conforms to the work process contained in the new apprenticeship agreement. ?

l. Provision for minimum qualifications required by a Sponsor for persons entering the Apprenticeship Program; an apprentice may be sixteen (16) years of age or older, unless a higher minimum age is fixed by law; ?

m. The granting of advanced standing or credit for demonstrated competency, acquired experience, training, or skills for all applicants equally, with commensurate wages for any progression step so granted; ?

n. A provision that the employer shall instruct the apprentice in safe and healthy work practices and shall ensure that the apprentice is trained in facilities and other environments that are in compliance with either the occupational safety and health standards promulgated by the Secretary under materials incorporated above at § 5.2(J) of this Part, or State standards that have been found to be at least as effective as the Federal standards; ?

o. A provision for the placement of an apprentice under a written Apprenticeship Agreement, which shall directly, or by reference, incorporate the standards of the program as part of this agreement;

p. A provision for periodic evaluation review of the apprentice's progress in job performance and related instruction, and the maintenance of appropriate progress records; ?

q. A provision of recognition for successful completion of apprenticeship, evidenced by an appropriate certificate; ?

r. Identification of the Department;

s. A statement that the regular work day or work week for apprentices shall not be greater than those of the Journeymen; ?

t. Provision for the registration, cancellation, and deregistration of the program, and requirement for the prompt submission of any modification or revision thereto; ?

u. Provision for registration of apprenticeship Agreements and Revisions, notice to the Department of persons who have successfully completed apprenticeship programs, and notice of transfers, terminations and suspensions of Apprenticeship Agreements and causes therefore; ?

v. A statement of how the Committee is to be organized and a statement of the functions of the committee are required if the Sponsor is a joint Apprenticeship Committee; ?

w. Compliance with materials incorporated above at § 5.2(F) of this Part, including the equal opportunity pledge prescribed in materials incorporated above at § 5.2(G) of this Part; an affirmative action plan complying with materials incorporated above at § 5.2(H) of this Part; and a method for the selection of apprentices authorized by materials incorporated above at § 5.2(I) of this Part, or compliance with parallel requirements contained in a State plan for equal opportunity in apprenticeship adopted under materials incorporated above at § 5.2(F) of this Part and approved by the Department. The apprenticeship standards must also include a statement that the program will be conducted, operated, and administered in conformity with applicable provisions of materials incorporated above at § 5.2(F) of this Part, or, if applicable, an approved State plan for equal opportunity in apprenticeship; ?

x. Name, address, telephone number, and email address, if applicable, of the appropriate authority under the program to receive, process, and make disposition of complaints; ?

y. Provision for a participating employer's agreement;

z. All apprenticeship standards must contain articles to comply with Federal laws, regulations and rules pertaining to apprenticeship; ?

aa. Assurance of qualified training personnel and adequate supervision on the job by a minimum number of journeypersons; ?

bb. Program standards that utilize the competency-based or hybrid approach for progression through an apprenticeship and that choose to issue interim credentials must:

(1) clearly identify the interim credentials,

(2) demonstrate how these credentials link to the components of the apprenticeable occupation, and

(3) establish the process for assessing an individual apprentice's demonstration of competency associated with the particular interim credential.

(4) Further, interim credentials must only be issued for recognized components of an apprenticeable occupation, thereby linking interim credentials specifically to the knowledge, skills, and abilities associated with those components of the apprenticeable occupation.

cc. Recording and maintenance of all records concerning apprenticeship as may be required by the Office of Apprenticeship or the Department and other applicable law. ?

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-08 to 01/04/2022
• Amendment — effective from 2013-07-15 to 11/08/2018
• Amendment — effective from 2010-11-02 to 07/15/2013
• Periodic Refile — effective from 2001-12-17 to 11/02/2010

260-RICR-30-15-5 § 5.7 Program Performance Standards

A. Every registered Apprenticeship Program must have at least one registered apprentice, except for the following specified periods of time, which may not exceed one (1) year:

1. Between the date when a program is registered and the date of registration for its first apprentice(s); or

2. Between the date that a program graduates an apprentice and the date of registration for the next apprentice(s) in the program. ?

B. To evaluate completion rates, the Registration Agency must review a program's completion rates in comparison to the national average for completion rates. Based on the review, the Registration Agency must provide Technical Assistance to programs with completion rates lower than the national average. ?

C. Cancellation of Apprenticeship Agreements during the probationary period will not have an adverse impact on a sponsor's completion rate. ?

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-08 to 01/04/2022
• Amendment — effective from 2013-07-15 to 11/08/2018
• Amendment — effective from 2010-11-02 to 07/15/2013
• Periodic Refile — effective from 2001-12-17 to 11/02/2010

260-RICR-30-15-5 § 5.8 Apprenticeship Agreement

A.The Apprenticeship Agreement shall contain explicitly or by reference:

1. Name and signature of the contracting parties (apprentice, and the program sponsor or employer, and the signature of a parent or guardian if the apprentice is a minor);

2. The date of birth of the apprentice and, on a voluntary basis, the social security number; ?

3. Name and address of the Sponsor and Registration Agency;

4. A statement of the occupation, trade, or craft in which the apprentice is to be trained and the beginning date and term of apprenticeship; ?

5. A statement showing:

a. The number of hours to be spent by the apprentice in work on the job in a time-based program or a description of the skill sets to be attained by completion of a competency-based program, including the on-the-job learning component; or, if a hybrid program, the minimum number of hours to be spent by the apprentice and a description of the skill sets to be attained by completion.

b. The number of hours to be spent in related and supplemental instruction in technical subjects related to the occupation which is recommended to be not less than one hundred forty-four (144) hours per year. ?

6. A statement setting forth a schedule of the work processes in the trade, craft, or occupation in which the apprentice is to be trained and the approximate time to be spent at each process; ?

7. A statement of the graduated scale of wages to be paid the apprentice and whether the required school time related instruction shall be compensated;

8. Statements providing:

a. For a specific period of probation during which the Apprenticeship Agreement may be terminated by either party to the agreement upon notice to the Department; and ?

b. That, after the probationary period, the agreement may be:

(1) Cancelled at the request of the apprentice, or

(2)Suspended or cancelled by the Sponsor, for good cause, with due notice to the apprentice and a reasonable opportunity for corrective action, and with written notice to the apprentice and to the Department of the final action taken.

9. A statement that the apprentice will be accorded equal opportunity in all phases of apprenticeship employment and training, without discrimination because of race, color, religion, ancestry, sex, age, physical handicap, marital status, or court and arrest record; and ?

10. Name and address of the appropriate authority, if any, designated under the program to receive, process, and make disposition of controversies or differences arising out of the Apprenticeship Agreement; any such controversies and differences which cannot be amicably settled by the parties may be submitted to the Department for final decision. ?

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-08 to 01/04/2022
• Amendment — effective from 2013-07-15 to 11/08/2018
• Amendment — effective from 2010-11-02 to 07/15/2013
• Periodic Refile — effective from 2001-12-17 to 11/02/2010

260-RICR-30-15-5 § 5.9 Deregistration of Department Registered Program

A.Deregistration of a program may be effected upon the Sponsor’s voluntary request for cancellation of the registration or, upon reasonable cause, by the Department, instituting formal deregistration proceedings in accordance with the provisions of this regulation.

B. If a Sponsor requests deregistration, the Department may cancel the registration of an Apprenticeship Program by a written acknowledgement of such request stating, but not limited to, the following:

1. The registration is cancelled at Sponsor's request, and giving the effective date of such cancellation; and ?

2. That, within fifteen (15) work days of the date of the acknowledgement, the Sponsor must notify all apprentices, of such cancellation and the effective date; that such cancellation automatically deprives the apprentice of his/her individual registration; and that the deregistration of the program removes the apprentice from coverage for federal purposes which require the Secretary of the U.S. Department of Labor’s approval of an apprenticeship program; and that all apprentices are referred to the Department for information about potential transfer to other registered Apprenticeship Programs. ?

C. Deregistration by Department:

1. The Department may initiate Deregistration proceedings when the apprenticeship program is not conducted, operated, or administered in accordance with the program's registered provisions or with the requirements of this Part, including not but limited to:

a. failure to provide on-the-job learning;

b. failure to provide related instruction;

c. failure to pay the apprentice a progressively increasing schedule of wages consistent with the apprentices skills acquired; or

d. persistent and significant failure to perform successfully.

e. Deregistration proceedings for violation of equal opportunity requirements must be processed in accordance with the provisions under materials incorporated above at § 5.2(F) of this Part. ?

2. For purposes of this section, persistent and significant failure to perform successfully occurs when a Sponsor consistently fails to register at least one apprentice, shows a pattern of poor quality assessment results over a period of several years, demonstrates an ongoing pattern of very low completion rates over a period of several years, or shows no indication of improvement in the areas identified by the Department during a review process as requiring corrective action.

3. Where it appears the program is not being operated in accordance with requirements of R.I. Gen. Laws Chapter 28-45 or this regulation, the Department shall notify the program in writing of non-compliance. ?

4. The notice sent to the Sponsor's contact person must:

a. Be sent by registered or certified mail, with return receipt requested;

b. State the shortcoming(s) and the remedy required; and

c. State that a determination of reasonable cause for deregistration will be made unless corrective action is effected within thirty (30) days. ?

5. Upon request by sponsor, the thirty (30) day period may be extended for up to an additional thirty (30) day period. During the period for correction the Sponsor should be assisted in every reasonable way by the Department. ?

6. If the required action is not taken within the allotted time, the Department shall send a notice to the Sponsor by registered or certified mail, return receipt requested, stating the following:

a. This notice is sent pursuant to this subsection;

b. Certain deficiencies were called to the Sponsor's attention (enumerating them and the remedial measures requested, with the dates of such occasions and letters), and that the Sponsor has failed or refused to effect correction; ?

c. Based upon the stated deficiencies and failure to remedy them, a determination has been made that there is reasonable cause to deregister the program and the program may be deregistered unless, within fifteen (15) days of the receipt of this notice, the Sponsor requests a hearing with the Department; and ?

d. If the Sponsor does not request a hearing, the entire matter will be submitted to the Administrator, Office of Apprenticeship, for a decision, on the record, about deregistration. ?

7. If the Sponsor does not request a hearing, the Department will transmit to the Administrator a report containing all pertinent facts and circumstances concerning the nonconformity, including the findings and recommendation for deregistration, and copies of all relevant documents and records. Statements concerning interviews, meetings and conferences will include the time, date, place, and persons present. The Administrator will make a final order on the basis of the record presented. ?

8. If the Sponsor requests a hearing, the Registration Agency will transmit to the Administrator a report containing all the data listed in § 5.9(B)(6) of this Part, and the Administrator will refer the matter to the Office of Administrative Law Judges. An Administrative Law Judge will convene a hearing in accordance with materials incorporated above at § 5.2(E) of this Part, and issue a decision as required in materials incorporated above at § 5.2(E) of this Part.

9. Every order of registration shall contain a provision that the sponsor shall, within one (1) work day of the effective date of the order, notify all registered apprentices of the deregistration of the program, the effective date, and that such action automatically deprives the apprentice of his/her individual registration; that the deregistration removes the apprentice from coverage for Federal Purposes which require the Secretary’s approval of an Apprenticeship Program, and that all apprentices are referred to the Department for information about potential transfer to other registered Apprenticeship Programs. ?

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-08 to 01/04/2022
• Amendment — effective from 2013-07-15 to 11/08/2018
• Amendment — effective from 2010-11-02 to 07/15/2013
• Periodic Refile — effective from 2001-12-17 to 11/02/2010

260-RICR-30-15-5 § 5.10 Deregistration Hearings

A. Within ten (10) business days of receipt of a request for a hearing, the Administrator of Apprenticeship must contact the Department of Labor’s Office of Administrative Law Judges to request a designation of an Administrative Law Judge to preside over the hearing. The Judge shall give reasonable notice of such hearing by registered mail, return receipt requested, to the appropriate Sponsor. Such notice shall include:

1. A reasonable time and place of hearing;

2. A statement of the provisions of this regulation pursuant to which the hearing is to be held; and ?

3. A concise statement of the matters pursuant to which the action forming the basis of the hearing is proposed to be taken. ?

B. The procedures contained in materials incorporated above in § 5.2(A) of this Part will apply to the disposition of the request for hearing except that:

1. The Administrative Law Judge will receive, and make part of the record, documentary evidence offered by any party and accepted at the hearing. Copies of documentary evidence may be submitted to any party to the hearing upon request.

2. Technical rules of evidence will not apply to hearings conducted pursuant to this Part, but rules or principles designed to assure production of the most credible evidence available and to subject testimony to test by cross-examination will be applied, where reasonably necessary, by the Administrative Law Judge conducting the hearing. The Administrative Law Judge may exclude irrelevant, immaterial, or unduly repetitious evidence.

C. The Administrative Law Judge should issue a written decision within ninety (90) days of the closing of the hearing record. The Administrative Law Judge’s decision constitutes final agency action.

5.10.1 Procedure for Petition for Review

A. Within fifteen (15) days of receipt of decision from the Administrative Law Judge, a dissatisfied party may file a petition for review with the Administrative Review Board. The petition shall specifically identify the procedure, law, or policy to which exception is taken. Any exception not specifically identified is deemed waived. A copy of the petition for review shall be sent to the opposing party at the same time.

B. The decision of the Administrative Law Judge remains final unless, within thirty (30) days of the filing of the petition for review, the Administrative Review Board notifies the parties the petition has been accepted.

C. The Administrative Review Board may set a briefing schedule or decide the matter on the record. The Administrative Review Board must render a decision on any accepted petition within one hundred and eighty (180) days of the close of the record or the Administrative Law Judge’s decision constitutes final agency action.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-08 to 01/04/2022
• Amendment — effective from 2013-07-15 to 11/08/2018
• Amendment — effective from 2010-11-02 to 07/15/2013
• Periodic Refile — effective from 2001-12-17 to 11/02/2010

260-RICR-30-15-5 § 5.11 Reinstatement of Program Registration

Any Apprenticeship Program deregistered pursuant to R.I. Gen. Laws Chapter 28-45 and this regulation, may be reinstated upon presentation of adequate evidence that the Apprenticeship Program is operating in accordance with, R.I. Gen. Laws Chapter 28-45, and this regulation. Such evidence shall be presented to the Department, if an order of deregistration were entered pursuant to a hearing.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-08 to 01/04/2022
• Amendment — effective from 2013-07-15 to 11/08/2018
• Amendment — effective from 2010-11-02 to 07/15/2013
• Periodic Refile — effective from 2001-12-17 to 11/02/2010

260-RICR-30-15-5 § 5.12 Complaints

A. This section is not applicable to any complaint concerning discrimination nor other equal opportunity matters; all such complaints shall be submitted, processed, and resolved in accordance with State or Federal Equal Opportunity laws. ?

B. Any controversy or differences arising under Apprenticeship Agreement which cannot be resolved locally, or which is not covered by a Collective Bargaining Agreement, may be submitted by an apprentice or his/her authorized representative to the Department for review. Matters covered by a collective bargaining agreement are not subject to such review. ?

C. The complaint must be in writing, and signed by the complainant, or authorized representative, and shall be submitted within sixty (60) days of the final local decision. It shall set forth the specific matter(s) complained of, together with all relevant facts and circumstances. Copies of all pertinent documents and correspondence shall accompany the complaint. ?

D. The Department shall render opinion within ninety (90) days after receipt of the complaint, based upon such necessary investigation of the matters submitted, and the record before it. During the ninety (90) day period, the Department shall make reasonable efforts to affect a satisfactory resolution between the parties involved. If so resolved, the parties shall be notified that the case is closed. Where a final decision is rendered, copies of such decision shall be sent to all interested parties.?

E. Nothing in this section precludes an apprentice from pursuing any other remedy authorized under another Federal, State, or local law.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-08 to 01/04/2022
• Amendment — effective from 2013-07-15 to 11/08/2018
• Amendment — effective from 2010-11-02 to 07/15/2013
• Periodic Refile — effective from 2001-12-17 to 11/02/2010

260-RICR-30-15-5 § 5.13 Reciprocity

A. The Department shall accord reciprocal approval for Federal Purposes to apprentices, Apprenticeship Programs, and standards that are registered in other States by the Office of Apprenticeship or a Registration Agency if such reciprocity is requested by the apprenticeship program sponsor. Sponsors seeking reciprocal approval must meet the wage and hour provisions and apprentice ratio standards of the reciprocal State. ?

B. Licensed Journeypersons from other states shall not be permitted to register as apprentices in the same occupation, trade, or craft. ?

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-08 to 01/04/2022
• Amendment — effective from 2013-07-15 to 11/08/2018
• Amendment — effective from 2010-11-02 to 07/15/2013
• Periodic Refile — effective from 2001-12-17 to 11/02/2010

260-RICR-30-15-5 § 5.14 Limitations

A.Nothing in this Part or in any Apprenticeship Agreement will operate to invalidate:

1. Any apprenticeship provision in any Collective Bargaining Agreement between employers and employees establishing high apprenticeship standards; or

2. Any special provision for veterans, minority persons, or women in the standards, apprentice qualifications or operation of the program, or in the apprenticeship agreement, which is not otherwise prohibited by law, Executive Order, or authorized regulation. ?

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-08 to 01/04/2022
• Amendment — effective from 2013-07-15 to 11/08/2018
• Amendment — effective from 2010-11-02 to 07/15/2013
• Periodic Refile — effective from 2001-12-17 to 11/02/2010

260-RICR-30-15-5 § 5.15 Fees

Apprenticeship programs shall comply with R.I. Gen. Laws §§ 28-45-9.1 and 28-45-13.1

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-08 to 01/04/2022
• Amendment — effective from 2013-07-15 to 11/08/2018
• Amendment — effective from 2010-11-02 to 07/15/2013
• Periodic Refile — effective from 2001-12-17 to 11/02/2010

260-RICR-30-15-5 § 5.16 EEO Plan

Apprenticeship programs shall comply with R.I. Gen. Laws § 28-45-14.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-08 to 01/04/2022
• Amendment — effective from 2013-07-15 to 11/08/2018
• Amendment — effective from 2010-11-02 to 07/15/2013
• Periodic Refile — effective from 2001-12-17 to 11/02/2010

260-RICR-30-15-5 § 5.17 Apprenticeship Ratios

A. Definitions:

1. “Manufacturing” means a commercial or industrial facility which makes or processes (a raw material) into a finished product by a large-scale industrial operation,

2. “Shop” means a controlled environment within the premises owned and/or occupied by the employer.

3. “Residential” means four (4) dwelling units and under.

4. “Commercial” means Commercial Building or one that contains more than four (4) dwelling units.

B. Jobsite Ratio for Licensed Indentured Trades

TRADE

COMMERCIAL

RESIDENTIAL

MANUFACTURING/ SHOP (controlled environment)

EXPLANATION

Electricians

1-1 then 1-3

1-1

1-1 then 1-3

• see Definitions

Master Oil Burner Electrician

1-1

1-1

1-1

As provided in R.I. Gen. Laws § 5-6-24

Journeyperson Oil Burner Electrician

1-1

1-1

1-1

As provided in R.I. Gen. Laws § 5-6-24

Master Alarm Electrician

1-1

1-1

1-1

As provided in R.I. Gen. Laws § 5-6-24

Journeyperson Alarm Electrician

1-1

1-1

1-1

As provided in R.I. Gen. Laws § 5-6-24

Electric Sign Contractor

2-1

2-1

2-1

As provided in R.I. Gen. Laws § 5-6-24

Electric Sign Installer

2-1

2-1

2-1

As provided in R.I. Gen. Laws § 5-6-24

Plumbers

1-1

1-1

1-1

As provided in R.I. Gen. Laws § 5-20-35 and rules and regulations

Elevators

1-1

1-1

1-1

Elevator Safety Code § 10-1.9 of this Chapter.

Telecommunications

2-1

2-1

2-1

As provided in R.I. Gen. Laws § 5-70-5

Operating Engineers

1-5

1-5

1-5

Must have license to operate equipment

Master Mechanical Contractor

1-1 then 1-3

1-1

1-1

Unlimited heating, cooling, and process work (Rules and Regulations)

Refrigeration Master I

1-1 then 1-3

1-1

1-1

Unlimited as to restriction on refrigeration work (Rules and Regulations)

Refrigeration Master II

1-1

1-1

1-1

Limited to installations up to 20-ton comfort cooling systems and installations up to 3-ton product cooling or up to one (1) horsepower.

Pipefitter Master I

1-1 then 1-3

1-1

1-1

Unlimited as to restriction on pipefitting and heating work. (Rules and Regulations)

Pipefitter Master II

1-1

1-1

1-1

Commercial and residential heating installations are limited to 500,000 BTU's. (Rules and Regulations)

Sheet Metal Master I

1-1 then 1-3

1-1

1-1

Unlimited as to restriction on sheet metal work. (Rules and Regulations)

Sheet Metal Master II

1-1

1-1

1-1

Limited to installation of sheet metal on a residential occupancy as defined by the RI Building Code current edition. (Rules and Regulations)

PJF/Natural Gas Service Master II

1-1

1-1

1-1

Limited to installation of warm air heating furnaces not exceeding 500,000 BTU's. Rules and Regulations)

PJF/Propane Gas Service Master II

1-1

1-1

1-1

Limited to installation of warm air heating furnaces not exceeding 500,000 BTU's. (Rules and Regulations)

Refrigeration Journeyperson I

1-1 then 1-3

1-1

1-1

Unlimited as to restriction on refrigeration work. (Rules and Regulations)

Refrigeration Journeyperson II

1-1

1-1

1-1

Limited to installations up to 20-ton comfort cooling systems and installations up to 3-ton product cooling or one (1) horsepower freezing. (Rules and Regulations)

Pipefitter Journeyperson

1-1 then 1-3

1-1

1-1

Unlimited as to restriction on pipefitting and heating work. (Rules and Regulations)

C. Jobsite Ratios for Unlicensed Trades

TRADE

COMMERCIAL

RESIDENTIAL

MANUFACTURING/SHOPS

Boiler maker

1-1 then 1-5

1-1

1-1

Bricklayers

1-1 then 1-5

1-1

1-1

Carpenters

1-1 then 1-5

1-1

1-1

Ironworkers

1-1 then 1-5

1-1

1-1

Laborers

1-1 then 1-5

1-1

1-1

Painters Glazier

1-1 then 1-3

1-1

1-1

Glazier

1-1 then 1-3

1-1

1-1

Plasterers & Cement Masons

1-1 then 1-4

1-1

1-1

Roofers

1-1 then 1-5

1-1

1-1

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-08 to 01/04/2022
• Amendment — effective from 2013-07-15 to 11/08/2018
• Amendment — effective from 2010-11-02 to 07/15/2013
• Periodic Refile — effective from 2001-12-17 to 11/02/2010

260-RICR-30-15-6 Alarm Agents and Alarm Businesses

260-RICR-30-15-6 § 6.1 Authority

This Part is promulgated pursuant to the authority in R.I. Gen. Laws § 5-57-1 et seq., the Department is empowered to promulgate rules and regulations relative to the licensing of alarm businesses and alarm agents operating within Rhode Island which are reasonable, proper, and necessary to carry out the functions of the Department.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Adoption — effective from 2008-12-03 to 07/30/2018
• EMERGENCY RULE Adoption — effective from 2008-10-06 to 12/03/2008 Click here to view previous versions of this Part.

260-RICR-30-15-6 § 6.2 Purpose

The purpose of this Part is to provide uniform procedures and qualifications for licensing of alarm business and the issuance of identification cards to alarm agents and certain other individuals.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Adoption — effective from 2008-12-03 to 07/30/2018
• EMERGENCY RULE Adoption — effective from 2008-10-06 to 12/03/2008 Click here to view previous versions of this Part.

260-RICR-30-15-6 § 6.3 Definitions

A.For the purposes of this Part, the following terms shall have the following meaning:

1.“Advertise" means the issuance of any card, sign, or device to any person; the causing, permitting, or allowing of any sign or marking on or in any building or structure, or in any newspaper periodical, or in any directory under a listing of burglar alarm or related businesses, or broadcasting by airwave for transmission with or without any limiting qualifications.

2."Department" means the Department of Labor and Training.

3."False alarm" means the activation of an alarm system through mechanical failure, malfunction, improper installation or the negligence of the owner or lessee of the system or of the alarm business and his employee(s) or alarm agent(s).

a.False alarm does not include an alarm caused by a leased telephone line malfunction, hurricane, tornado, earthquake, or any other external factor, violent or non-violent condition beyond the control of the owner or lessee of the alarm system or installing or servicing alarm business and his employee(s) or agent(s), including outside agents, elements, events, or stimuli beyond the supervision and control of the subscriber or alarm business.

b. False alarming shall not necessarily be construed upon cursory or initial examination should premises show no outward signs or forced entry, or should areas of protected access, such as doors or windows, appear apparently unopened, or should apprehension of suspects suspected of apparent intrusion not be forthcoming immediately after alarm has been triggered.

4."Emergency" is a situation where a triggered alarm or alarm system attributed to a malfunction causes a gross nuisance or lack of protection on the premises in which it is installed, or when a triggered alarm attributed to an unauthorized intrusion or break-in causes a lack of protection on a premises. Emergency also pertains to the inadvertent or mistaken triggering of an alarm or alarm system by a lessee or owner of the system and which for any reason requires the services of an installer to reset, the absence of which service would lead to a gross nuisance or lack of protection on a premises.

5."I.D. card" means an identification card issued to an employee of an alarm business by either the alarm business in the case of a temporary I.D. card or by the Department in the case of a permanent I.D. card, for the privilege of transacting business with the public at the request of an alarm business employer in the State of Rhode Island.

6."Leasing" means an agreement by which an alarm business conveys to a subscriber a burglar alarm system for a specified term and for a specified rent.

7."License" means a license issued by the Department to an alarm business for the privilege of transacting business or operating within the boundaries of Rhode Island.

8. "Monitoring" means responding to or causing others to respond to an alarm system at a protected premise within the state.

9."Non-emergency" is a situation where an alarm or alarm system needs service for any reason but the condition, which precipitates a need for such service, does not result in a triggered alarm which causes a gross nuisance or lack of protection on a protected premises.

10."Original license" means:

a.a license issued to the alarm business which did not, at the time it made application, hold an alarm business license issued by the Department, or

b.a license issued to an alarm business which has applied for a license under R.I. Gen. Laws § 5-57-1 et seq. after undergoing a change of ownership.

11."Scheduled maintenance" means service of an alarm system, the terms of which are agreed to between the alarm business and subscriber in advance of required service of the system, and which terms shall be determined under provision of written contract.

12."Statute" means R.I. Gen. Laws § 5-57-1 et seq., as amended, entitled Business and Professions.

13."Subscriber" means a business or person which buys or otherwise obtains an alarm system or has a contract with an alarm company to monitor and/or service an alarm system.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Adoption — effective from 2008-12-03 to 07/30/2018
• EMERGENCY RULE Adoption — effective from 2008-10-06 to 12/03/2008 Click here to view previous versions of this Part.

260-RICR-30-15-6 § 6.4 Power and Duty of the Department

A.The Department has all the powers and duties as set forth in R.I. Gen. Laws Chapter 5-57 et seq.

B.Upon discovery by the Department that a business, company, or individual is operating without a valid alarm business license and/or I.D. card, the Department shall notify local, municipal, or state law enforcement agencies having jurisdiction, of a possible violation of R.I. Gen. Laws § 5-57-41 of the Statute, and request the issuance of a misdemeanor complaint against the alleged violator.

C.Duly sworn law enforcement officers associated with, attached to, or employed by law enforcement agencies of this state may, upon their own initiative, or at the request of another, act as complainant in the name of and on behalf of the state in the issuance of a misdemeanor complaint, summons, or arrest warrant for a suspected violation of this section.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Adoption — effective from 2008-12-03 to 07/30/2018
• EMERGENCY RULE Adoption — effective from 2008-10-06 to 12/03/2008 Click here to view previous versions of this Part.

260-RICR-30-15-6 § 6.5 Licensing of Alarm Businesses

A.Principal Officers

1.Each licensee shall maintain and operate his business from a principal office located in a permanent building or similar structure, accessible to the public during posted business hours.

B.Branch Offices

1.All branch offices must be operated under the same name as that of the principal office of the alarm business unless they are separately licensed.

2.The License issued by the Department to an alarm business and the surety bond posted by an alarm business shall cover all branch offices as shown on the application for License, except that separate bond in sufficient sureties as determined by law shall be required of branch offices operating under a different business or company name than that of the principal office.

3.Each branch office of an alarm business being maintained separate and apart from the premises of the principal office must have posted in a conspicuous place, a copy of the un-expired License issued by the Department to the alarm business.

C.Change of Name, Removal or Relocation of Principal Office or Branch Office Alarm Business

1.If the holder of an unexpired alarm business License issued pursuant to the Statute shall remove or relocate the principal office or a branch office of the alarm business to a premises or address other than that listed on the License issued by the Department, or if the alarm business shall lawfully change its name or the name of the holder of the License, the holder shall within thirty (30) days of the removal, relocation, or change of name, give written notice of the new address or new name to the Department .

2.The notice shall also contain reference to the date on which the removal, relocation, or name change occurred.

3.Upon receipt by the alarm business of a new License issued by the Department containing the new address, premises, or name change for the principal or branch office, the alarm business will immediately cause such License to be posted in a conspicuous place on the premises in full view of the public.

4.The licensee shall return his old License to the Department within five (5) business days of the effective date of change.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Adoption — effective from 2008-12-03 to 07/30/2018
• EMERGENCY RULE Adoption — effective from 2008-10-06 to 12/03/2008 Click here to view previous versions of this Part.

260-RICR-30-15-6 § 6.6 Licensing of Alarm Agents

No alarm agent shall be licensed to more than one (1) alarm business at one time unless the second or subsequent alarm business employing the agent is owned and operated by the same individual, firm, partnership or corporation who owns and operates the agent's primary employing alarm business.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Adoption — effective from 2008-12-03 to 07/30/2018
• EMERGENCY RULE Adoption — effective from 2008-10-06 to 12/03/2008 Click here to view previous versions of this Part.

260-RICR-30-15-6 § 6.7 Licenses and I.D. Cards

A.The Department may refuse, suspend, cancel, or revoke a License or I.D. card issued to an alarm business or alarm agent for any of the following causes:

1.Failure of an applicant or holder of an alarm business License or alarm agent I.D. card to comply with R.I. Gen. Laws §§ 5-57-16(c) and (f) of the Statute pertaining to experience or examination requirements.

2.Failure of an applicant or holder of an alarm business license or alarm agent I.D. card to comply with R.I. Gen. Laws §§ 5-57-25(a)(1) through (4).

3. Failure of an applicant or holder of an alarm business license or alarm agent I.D. card to comply with R.I. Gen. Laws § 5-57-19(2).

4.Failure of the holder of an alarm business licensee to at all times maintain on file with the Department in full force and effect, the surety bond required by the Statute.

5.Willful and knowing refusal by an alarm agent upon request of the Department or upon request of the employing alarm business to return an I.D. card.

6.If any employee, officer, director, partner or manager of the alarm business discloses information that could compromise an alarm system's effectiveness or integrity.

7.If a licensee, I.D. card holder, officer, director, partner, manager, or other employee of an alarm business knowingly make any false report to his employer or to a client or subscriber who purchases alarm devices or installation services.

B.The Department may refuse, suspend, cancel, or revoke a License or I.D. card issued to an alarm business or alarm agent should:

1.The alarm business or alarm agent fail to file a renewal application, as set forth in R.I. Gen Laws §§ 5-57-22 and 5-57-23(e)(1), and pay the renewal fee, as set forth in R.I. Gen Laws § 5-57-23(e)(2).

2.An alarm business or alarm agent be found after investigation and opportunity for hearing to have committed any act which can be construed as knowingly improper or knowingly defective installation or workmanship; the use of knowingly improper or knowingly defective parts or materials; failure to provide equipment parts, or service agreed to by verbal agreement or written contract; failure to complete installation of an alarm system or to provide service, maintenance, or repair when a deposit or the full amount for such work has been paid by a subscriber or customer; and failure to comply with the contractual obligations.

3.An alarm business fail to enter into a written contract with the subscriber for any of the acts or practices accomplished under § 6.10 of this Part.

C.Automatic Suspension of Alarm Agent I.D. Card upon Revocation of Alarm Agent Business License

1.Revocation by the Department of an alarm business License shall automatically suspend the I.D. card of every alarm agent employed by the alarm business on the effective date of revocation.

2.An alarm agent whose I.D. card is suspended by the Department pursuant to § 6.8(C)(1) of this Part may apply for reinstatement of his I.D. card upon his employment with another alarm business, provided that he was not a party to the act or course of conduct which caused the revocation of alarm business License of his former employer.

3.If the alarm business whose License was revoked by the Department later has its License reinstated, suspension of all employed alarm agents not culpable, shall be automatically lifted upon reinstatement of the alarm business License, provided that alarm agents return to work with the alarm business within ten (10) days of its reinstatement as a qualified licensee.

D.Expiration of License

1.A license, which is not renewed within three (3) years after its expiration may not be renewed, restored, reinstated, or reissued thereafter, unless the applicant submits and has approved, a new original application for license.

E.Transferability, Destruction, Replacement of I.D. Card

1.Only one (1) I.D. card shall be in the possession of each alarm agent entitled to receive it, and the holder shall be responsible for the maintenance, custody, and control of the I.D. card, and shall neither let, loan, nor otherwise permit unauthorized persons or employees to use it.

2.In the event that an alarm agent accepts employment with another employer not connected with the alarm business of his former employer the agent will submit a new application to the Department. Old I.D. cards must be surrendered to the licensing authority and temporary I.D. cards must be surrendered to the alarm business that issued them. New application fees, if applicable, will be governed by R.I. Gen. Laws §§ 5-57-23 and 5-57-34.

F.Cancellation of I.D. Card

1.In addition to notifying the Department pursuant to R.I. Gen. Laws § 5-57-35(c) of the death or termination of an I.D. card holding employee, the alarm business shall also mail or deliver the I.D. card to the Department for cancellation within ten (10) days of the death or termination. The alarm business shall include written notice stating the date of the employee death or termination.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Adoption — effective from 2008-12-03 to 07/30/2018
• EMERGENCY RULE Adoption — effective from 2008-10-06 to 12/03/2008 Click here to view previous versions of this Part.

260-RICR-30-15-6 § 6.8 Examinations and Procedures

A.The Department shall administer from time to time as required, written examination to measure an alarm business license applicant's knowledge and competence of such business and his knowledge of the Statute and these rules and regulations.

B.There is no limit to the number of times that an applicant may take an examination except as noted in § 6.8(C) of this Part.

C.Any applicant caught using crib notes, looking at or copying another applicant's examination answer sheet, or found to be cheating in any other manner by the examining officer will be subject to immediate dismissal from the testing room. The applicant ejected will forfeit the examination, will receive an automatic failure, and will not be allowed to retake the examination for a minimum of one (1) full year following forfeiture.

D.The passing grade on an examination shall be 70% of the total points possible. Each applicant shall be notified in writing by the Department of the results of examination including computed score within twenty-one (21) days of the date on which the examination is administered.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Adoption — effective from 2008-12-03 to 07/30/2018
• EMERGENCY RULE Adoption — effective from 2008-10-06 to 12/03/2008 Click here to view previous versions of this Part.

260-RICR-30-15-6 § 6.9 Reciprocal Agreements between Alarm Licensing Department and State Board of Examiners

A.Alarm businesses licensed by Department are allowed without benefit of electrician's license to connect all types of burglar alarm systems, run cable, conduit, connect all controls or equipment for systems, and to wire into a power source or plug in systems up to fifty (50) volts, supplied as an electrical source by the subscriber on his premises.

B.Alarm systems over fifty (50) volts which must be wired into a power source must be connected by the holder of an electrician's license.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Adoption — effective from 2008-12-03 to 07/30/2018
• EMERGENCY RULE Adoption — effective from 2008-10-06 to 12/03/2008 Click here to view previous versions of this Part.

260-RICR-30-15-6 § 6.10 Alarm System Service Requirements

A.Disclosure to Alarm System Subscribers

1.Any alarm business as defined within the Statute, engaging in the initial sale, leasing, installation, scheduled maintenance, or monitoring of alarm devices or alarm systems shall enter into a written contract with the subscriber and shall:

a.Disclose all information pertaining to the contract and its performance, the absence of which might mislead the subscriber to his detriment, including the extent and scope of all warranties or services offered by the installer.

b.Provide the subscriber with a copy of the contract, which will allow the subscriber to review and be knowledgeable of its language prior to the execution of the contract.

B.Emergency and Non-Emergency Service

1.Each alarm business licensed under the Statute shall maintain twenty-four (24) hour emergency service seven (7) days a week for its subscribers, delineated as follows:

a.Each licensed alarm business shall maintain sufficient staff and shall maintain sufficient means of communication to be able to respond or communicate under normal circumstances or conditions within two (2) hours after a request has been made for emergency service of a subscriber's alarm system, maintained under warranty, written contract, or under verbal agreement at a prescribed fee for each response by the alarm business; such request for service being received by the alarm business from the subscriber of the alarm system, a duly authorized representative of the subscriber, or a duly sworn law officer of this state.

b.Each licensed alarm business must be able to provide service to non-emergency requests for service or repair of a subscriber's alarm system made by the subscriber, the subscriber's authorized representative, or a duly sworn law officer of this state, on the day in which the request is made if the request is made between the hours of 12:00 midnight and 12:00 noon of the same day, or within a period of twenty-four (24) hours of the initial request for service if the request is made between the hours of 12:01 p.m. and 11:59 p.m. of a given day. The alarm business's published telephone number shall be staffed by an employee of the business, a qualified person, or telephone answering service. Electronic telephone message recording devices are not acceptable.

C.Alarm System Warranty Required

1.An alarm system installed in a commercial, public, or residential building shall include a limited warranty on all devices for the period of one (1) year. The installation shall be done in accordance with the manufacturer's recommendations and good standards of the industry.

D.Permission Required from Subscriber

1.No person shall sell, install, maintain, repair, replace, operate, or adjust any alarm device or system on any premises, public or private, without consent and/or permission of the subscriber for whom alarm service is provided.

2.Any alarm business or alarm agent found by the Department to be in violation of this section shall be subject to the penalties provided by R.I. Gen. Laws § 5-57-41.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Adoption — effective from 2008-12-03 to 07/30/2018
• EMERGENCY RULE Adoption — effective from 2008-10-06 to 12/03/2008 Click here to view previous versions of this Part.

260-RICR-30-15-6 § 6.11 Procedure for Handling Complaints

A.The Department will accept written complaints from the public pertaining to practices of alarm companies and their installers which violate the provisions of the Statute and these Regulations, such violations pertaining to, but not limited to installation, service, repair, maintenance, alteration, or replacement of alarms or alarm systems; improper or defective workmanship, parts, and materials; false alarm; failure of alarm companies to comply with contractual obligations, and other conditions or situations covered by the Statute, the violation of which would lead the public to seek redress of complaint.

B.When a written complaint is received, the Department shall determine whether or not the complaint concerns a violation of law or regulation. If a violation exists, the Department shall prepare and issue to the respondent a copy of the complaint and a request for written answer. Upon receipt of written answer, the Department shall hold a hearing convened in accordance with the Administrative Procedures Act before a designee of the Director. After the hearing, a written decision shall be issued which shall be the final agency determination.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Adoption — effective from 2008-12-03 to 07/30/2018
• EMERGENCY RULE Adoption — effective from 2008-10-06 to 12/03/2008 Click here to view previous versions of this Part.

260-RICR-30-15-6 § 6.12 Identification Lists and Stickers

A.Each licensed alarm business shall provide its subscribers with weather proof stickers should they have:

1.An alarm or alarm system under written guarantee.

2.An alarm or alarm system under written contract for service at a prescribed fee or on a per call basis.

B.Such sticker shall contain the complete business address of the servicing alarm business, emergency service telephone number, and the License number issued by the Department.

C.Such sticker shall be placed in a conspicuous place on the premises where the alarm or alarm system is installed so as to be easily seen by law enforcement officials or alarm business service personnel who respond to triggered alarms.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Adoption — effective from 2008-12-03 to 07/30/2018
• EMERGENCY RULE Adoption — effective from 2008-10-06 to 12/03/2008 Click here to view previous versions of this Part.

260-RICR-30-15-6 § 6.13 Alarm System Sounding Devices

A.No licensed alarm business shall sell, install or service an alarm system with local audible sounding devices that sound in excess of thirty (30) minutes prior to automatically shutting down.

B.Any alarm business or agent found to be in violation of this section shall be subject to the penalties provided under § 6.10 of this Part.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Adoption — effective from 2008-12-03 to 07/30/2018
• EMERGENCY RULE Adoption — effective from 2008-10-06 to 12/03/2008 Click here to view previous versions of this Part.

260-RICR-30-15-7 Board of Examiners of Electricians

260-RICR-30-15-7 § 7.1 Authority

This regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws Chapter 5-6.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-28 to 01/04/2022
• Amendment — effective from 2013-07-11 to 11/28/2018
• Amendment — effective from 2008-05-25 to 07/11/2013
• Amendment — effective from 2006-12-25 to 05/25/2008
• Periodic Refile — effective from 2001-12-17 to 12/25/2006

260-RICR-30-15-7 § 7.2 Purpose

To provide the procedures used by the Board of Examiners of Electricians for licensing and examinations.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-28 to 01/04/2022
• Amendment — effective from 2013-07-11 to 11/28/2018
• Amendment — effective from 2008-05-25 to 07/11/2013
• Amendment — effective from 2006-12-25 to 05/25/2008
• Periodic Refile — effective from 2001-12-17 to 12/25/2006

260-RICR-30-15-7 § 7.3 Definitions

A.For the purpose of this regulation:

1."Electric light and power company" means any public utility doing business as an electric utility in the State of Rhode Island and whose business is directly regulated by the Rhode Island Public Utilities Commission pursuant to R.I. Gen. Laws Title 39.

2.“Premise”, when used in reference to a Limited Premise License, Certificate C and Limited Maintenance License, Certificate D, means an existing building and premises. It shall not mean new construction and/or an addition to an existing building.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-28 to 01/04/2022
• Amendment — effective from 2013-07-11 to 11/28/2018
• Amendment — effective from 2008-05-25 to 07/11/2013
• Amendment — effective from 2006-12-25 to 05/25/2008
• Periodic Refile — effective from 2001-12-17 to 12/25/2006

260-RICR-30-15-7 § 7.4 Adoption of National Electric Code

Pursuant to R.I. Gen. Laws § 5-6-26, the Division of Professional Regulation does hereby adopt and specify the provisions of the National Electrical Code adopted by the Rhode Island State Building Code Standards Committee as its official rules and requirements for performance of electrical work.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-28 to 01/04/2022
• Amendment — effective from 2013-07-11 to 11/28/2018
• Amendment — effective from 2008-05-25 to 07/11/2013
• Amendment — effective from 2006-12-25 to 05/25/2008
• Periodic Refile — effective from 2001-12-17 to 12/25/2006

260-RICR-30-15-7 § 7.5 Procedures for Examinations

A.All examinations shall be conducted and completed in writing and may include written and/or practical demonstrations, and the provisions shall be based the edition of the National Electrical Code adopted by the Rhode Island State Building Code Standards Committee at the time of the examination (“RISBC-SBC- Rhode Island Electrical Code” 510-RICR-00-00-5). Notice of the time and place of examinations will be mailed to each applicant. Only applicants approved to take the examination will be admitted.

B.All examinations shall be in writing except as hereinafter provided for by the Division of Professional Regulation (Part 1 of this Subchapter).

C.All answers to written examination questions will be in ink, unless otherwise specified. Any person found referring to notes or books during an examination, except by permission by the board will be disqualified from that examination. Applicants for examination will be required to obtain an average of at least 70% in order to obtain a license. Applicants for examination will be required to obtain an average of at least 60% in order to review the examination with the members of the board.

D.Applications are made by filing for the type of license/certificate sought. The application forms are available at the Office of the Division of Professional Regulation. Applications for examinations must be received 15 working days prior to the examination date.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-28 to 01/04/2022
• Amendment — effective from 2013-07-11 to 11/28/2018
• Amendment — effective from 2008-05-25 to 07/11/2013
• Amendment — effective from 2006-12-25 to 05/25/2008
• Periodic Refile — effective from 2001-12-17 to 12/25/2006

260-RICR-30-15-7 § 7.6 Types of Licenses

A.Below is a list of license types and corresponding certificates as listed in R.I. Gen. Laws §§ 5-6-7 and 5-6-11.

Type of License

Certificate

Electrical contractor’s license

A

Journeyperson electrician’s license

B

Limited-premises license

C

Burner contractor’s license

E

Burner person’s license

F

Fire alarm contractor’s license

AF

Fire alarm installer’s license

BF

Electrical sign contractor’s license

SCF

Electrical sign installer’s license

CF

Limited-maintenance license

D

Limited-maintenance journeyperson license

M

Lightning-protection contractor

LPC

Lightning-protection installer

LPI

Sign renovation electrical license

LPR

Renewable energy professional

REP

B.Electrical Contractor's/Master's License.

1.The officer whom is the holder of the contractors' license, Certificate A, E, AF, LPC or SCF, must present certified documentation, from the Rhode Island Office of the Secretary of State, to the Department of Labor and Training/Division of Professional Regulation which certifies that the licensed electrical contractor is a duly elected officer of said corporation.

2.If a contractor holding Certificate A, AF, E, LPC or SCF wishes to conduct business under a firm or corporation name, the Division of Professional Regulation will issue a certificate stating such, upon payment of the fee of One Hundred ($100.00) Dollars.

a.A license holder may obtain only one (1) firm or corporate certificate and his/her license shall be restricted to the identifying corporation.

b.The firm or corporate certificate will comprise both the original electrical contractor's number and the electrical corporation's license number.

c.The original electrical contractor's license shall not be utilized by said electrical contractor independent of the firm or corporate certificate.

d.Upon the termination of the firm or corporate certificate in the name of the electrical contractor, the electrical contractor may obtain his/her individual license.

e.The renewal fee for the electrical contractor's license and the electrical firm or corporate certificate shall become due and payable on the birthday of the holder of the electrical contractor's license.

C.General contractors that are not licensed electrical contractors, with the Rhode Island Department of Labor and Training, shall not bid, solicit, or advertise for electrical work. They may solicit bids from Rhode Island Licensed Electrical Contractors.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-28 to 01/04/2022
• Amendment — effective from 2013-07-11 to 11/28/2018
• Amendment — effective from 2008-05-25 to 07/11/2013
• Amendment — effective from 2006-12-25 to 05/25/2008
• Periodic Refile — effective from 2001-12-17 to 12/25/2006

260-RICR-30-15-7 § 7.7 Application for Licensure

A.Applicants filing for Certificate A, E, AF, LPC or SCF Certificates must be at least twenty-one (21) years of age. Applicants for other licenses must be at least eighteen (18) years of age. The years of experience for a journeyperson or contractor will only pertain to new applicants received in the division as of the effective date of acceptance of these rules and regulations.

B.No licensee shall engage in business under any name other than that stated on his license, except the holder of Certificate A, AF, SCF, LPC or E pursuant to § 7.6(B) of this Part.

C.Applicants for a Certificate B must submit a notarized letter from employers, and in the case of military, verification from proper officials of an applicant's former military unit, stating the type and extent of experience which the applicant has had in the type of work for which a license is being sought. Those applying for Journeypersons Certificate B License must have at least 8,000 hours (4 years) experience as a registered apprentice.

D.Applicants for Contractor's Certificate A must have had at least 12,000 hours (6 years) experience and have held a Rhode Island Certificate B for two years. Out-of-state applicants who hold a contractor's license or journeyperson's license will be allowed to take the Rhode Island journeyperson's exam. Out-of-state applicants who hold a contractor's license and a Rhode Island journeyperson's license for two years and have 12,000 hours (6 years) experience will be allowed to take the Rhode Island contractor's exam.

E.Applicants for a Limited Maintenance journeyperson Certificate M license must have fulfilled the application requirements and conditions set forth in R.I. Gen. Laws § 5-6-24(c).

F.Applicants for a Limited Journeyperson license Certificate BF, F or CF shall be required to work a minimum of four thousand (4,000) hours over a period of not less than two (2) years as a registered limited apprentice and submit a notarized letter from their employer indicating hours worked.

G.Any person applying to take the examination for the Lightning Protection Installer’s License (Certificate LPI) as per R.I. Gen. Laws §§ 5-6-11(d) and 5-6-24(d) must provide the Department of Labor and Training with an affidavit or a notarized letter from a current and/or prior employer(s) evidencing that said applicant has worked for a recognized lightning protection company for a minimum of four thousand (4000) hours over a period of not less than two (2) years.

H.All Limited Premise, Certificate C, and Limited Maintenance, Certificate D, licenses issued by the Department of Labor and Training, Division of Professional Regulation, shall include a description of the existing premise and the content for the existing equipment therein.

I.Limited Premises and Limited Maintenance Licenses shall authorize a person, firm or corporation the right to repair and/or maintain existing electric wires, devices, appliances and equipment on the premises. An individual Limited Premise and/or Limited Maintenance License is required for each address.

J.Limited Premises or Limited Maintenance License, as provided in R.I. Gen. Laws §§ 5-6-10, 5-6-10, and 5-6-14 shall authorize municipalities, schools, hospitals, colleges, or other non-manufacturing firms or entities, who regularly employ one (1) or more licensed electricians (journeyperson/Certificate B), the right to repair and/or maintain existing electric wires, devices, appliances and equipment on said premise.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-28 to 01/04/2022
• Amendment — effective from 2013-07-11 to 11/28/2018
• Amendment — effective from 2008-05-25 to 07/11/2013
• Amendment — effective from 2006-12-25 to 05/25/2008
• Periodic Refile — effective from 2001-12-17 to 12/25/2006

260-RICR-30-15-7 § 7.8 Military License

In the case of military service personnel, who are licensees prior to their entry into the military, shall have their licenses renewed without further examination, provided, however, they seek renewal within four (4) years and four (4) months of their enlistment date and upon the payment of the prescribed fee.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-28 to 01/04/2022
• Amendment — effective from 2013-07-11 to 11/28/2018
• Amendment — effective from 2008-05-25 to 07/11/2013
• Amendment — effective from 2006-12-25 to 05/25/2008
• Periodic Refile — effective from 2001-12-17 to 12/25/2006

260-RICR-30-15-7 § 7.9 License Renewal

A.All certificates and/or licenses issued by the division of professional regulation shall be renewable on the birthday of the licensee. A certificate and/or license shall not be renewable if a penalty and/or fine is outstanding with the Department of Labor and training, Division of Professional Regulation, until such time as restitution has been made.

B.Applications for renewal of Certificate "A", Certificate "E", Certificate "SCF", Certificate “LPC” or Certificate "AF" licenses shall be signed, in the case of firms and corporations, by the same member or officer who was originally granted a license or passed the examination by which said firm or corporation was authorized, or re-authorized, to enter upon or engage in business as provided in R.I. Gen. Laws Chapter 5-6 .

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-28 to 01/04/2022
• Amendment — effective from 2013-07-11 to 11/28/2018
• Amendment — effective from 2008-05-25 to 07/11/2013
• Amendment — effective from 2006-12-25 to 05/25/2008
• Periodic Refile — effective from 2001-12-17 to 12/25/2006

260-RICR-30-15-7 § 7.10 Appeals

A.Persons, firms or corporations aggrieved by a decision of the Director of Labor and Training, upon recommendation of the Board, on any questions relative to examinations may petition for a hearing before the Director of Labor and Training and Board. Request for such a hearing must be made in writing to the Secretary of the Board, within thirty (30) days of notice of such decision. Said decision of the Director of Labor and Training, upon recommendation of the Board, regarding any person, firm or corporation shall be mailed to the aggrieved and records kept on file.

B.All requests for interpretations by the Board shall be submitted in writing to the Department of Labor and Training.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-28 to 01/04/2022
• Amendment — effective from 2013-07-11 to 11/28/2018
• Amendment — effective from 2008-05-25 to 07/11/2013
• Amendment — effective from 2006-12-25 to 05/25/2008
• Periodic Refile — effective from 2001-12-17 to 12/25/2006

260-RICR-30-15-7 § 7.11 Limited Premises License

A.A Certificate C permit shall be issued to the Department of Administration, Division of Facilities Management as the coordinated facilities management agent for all State agencies pursuant to Executive Order 04-04. The Division of Facilities Management is comparable to the Rhode Island Department of Transportation and Rhode Island Airport Corporation in that it regularly employs licensed electricians and is responsible for and capable of performing electrical maintenance and installation work on State owned premises. The Division of Facilities Management shall be subject to the application requirements as outlined in R.I. Gen. Laws § 5-6-10.

B.A Certificate C certificate issued to the Division of Facilities Management shall be valid for electrical maintenance and renovation projects not in excess of two thousand (2,000) square feet undertaken by the Division of Facilities Management, regardless of whether the renovation projects are internal or external. The foregoing limitation shall not apply to the Rhode Island Department of Transportation, Rhode Island Airport Corporation, and the other entities covered by R.I. Gen. Laws § 5-6-10, whether as owners or occupiers of said premises. These entities shall be subject to the scope limitations as set forth in R.I. Gen. Laws § 5-6-14 only.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-28 to 01/04/2022
• Amendment — effective from 2013-07-11 to 11/28/2018
• Amendment — effective from 2008-05-25 to 07/11/2013
• Amendment — effective from 2006-12-25 to 05/25/2008
• Periodic Refile — effective from 2001-12-17 to 12/25/2006

260-RICR-30-15-7 § 7.12 Restricted Licenses

Licenses of Burner Contractor’s license (Certificate E) and Burnerperson’s license (Certificate F) are restricted to domestic oil and gas heating equipment for installation and servicing of domestic home heating plants, also defined as central heating plants. The performance of electrical work on commercial oil and gas burners burning No. 2, 3, 4, 5, or 6 fuel oil requires an Electrical Contractor's License (Certificate A) and Journeyperson's Electrician’s license (Certificate B).

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-28 to 01/04/2022
• Amendment — effective from 2013-07-11 to 11/28/2018
• Amendment — effective from 2008-05-25 to 07/11/2013
• Amendment — effective from 2006-12-25 to 05/25/2008
• Periodic Refile — effective from 2001-12-17 to 12/25/2006

260-RICR-30-15-7 § 7.13 License or Certificate Renewal

Pursuant to R.I. Gen. Laws § 5-6-20, all certificates and/or licenses issued by the division of professional regulation shall be renewable on the birthday of the licensee for a period of two (2) years. A certificate and/or license shall not be renewable if a penalty and/or fine is outstanding with the Department of Labor and training, Division of Professional Regulation, until such time as restitution has been made.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-28 to 01/04/2022
• Amendment — effective from 2013-07-11 to 11/28/2018
• Amendment — effective from 2008-05-25 to 07/11/2013
• Amendment — effective from 2006-12-25 to 05/25/2008
• Periodic Refile — effective from 2001-12-17 to 12/25/2006

260-RICR-30-15-7 § 7.14 Continuing Education Requirements

A.Pursuant to R.I. Gen. Laws § 5-6-20.1(d), mandatory continuing education requirements established by the board are limited to Certificate A and Certificate B electricians.

B.R.I. Gen. Laws § 5-6-20.1 requires licensees to complete at least fifteen hours of continuing education in a course of study approved by the board as a condition of licensure renewal.

C.Out-of-state licensees who are residents of another state and cannot access board approved courses may take a National Electrical Code course, and obtain a copy of the Rhode Island amendments from the Rhode Island Building Code Commission Office.

D.In addition to the continuing education requirements in R.I. Gen. Laws § 5-6-20.1, instructors and inspectors shall adhere to the following requirements set by the board:

1.Instructors or inspectors shall attend a preparation seminar held by Department of Labor and Training, Division of Professional Regulations, every three (3) years, prior to teaching a fifteen (15) hour course.

2.Instructors or inspectors are required to teach a class during each and every code cycle.

3.Instructors or inspectors are required to teach the current electrical code with necessary amendments to be forwarded to the student, upon adoption of the same.

4.Instructors or inspectors are required to ensure that any and all of their students are actually in attendance for the required fifteen (15) hours of continuing education. Instructors or inspectors shall issue an approved uniform certificate verifying the completion of the fifteen (15) hour course, to each student, pursuant to R.I. Gen. Laws § 5-6-20.1(f). Any instructor or inspector who has provided a false statement, shall be subject to the penalties, prosecution and enforcement of R.I. Gen. Laws Chapter 5-6.

5.Instructors or inspectors are hereby required to provide the Department of Labor and Training/Division of Professional Regulation with copies of their fifteen (15) hour mandatory continuing education course curriculum, class location and class schedules.

6.A minimum of ten (10) students per class is required, unless approved by the Department of Labor & Training.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-11-28 to 01/04/2022
• Amendment — effective from 2013-07-11 to 11/28/2018
• Amendment — effective from 2008-05-25 to 07/11/2013
• Amendment — effective from 2006-12-25 to 05/25/2008
• Periodic Refile — effective from 2001-12-17 to 12/25/2006

260-RICR-30-15-8 Examining and Licensing of Hoisting Engineers

260-RICR-30-15-8 § 8.1 Authority

A.This Part is promulgated pursuant to R.I. Gen. Laws §§ 28-26-1.1, 28-26-4 and 28-26-6.

History

• Amendment — effective from 2026-08-09 to current
• Periodic Refile — effective from 2022-01-04 to 08/09/2026
• Amendment — effective from 2019-01-09 to 01/04/2022
• Amendment — effective from 2013-07-15 to 01/09/2019
• Amendment — effective from 2009-03-09 to 07/15/2013
• Amendment — effective from 2004-04-07 to 03/09/2009
• EMERGENCY RULE Adoption — effective from 2003-12-04 to 04/07/2004
• Periodic Refile — effective from 2001-12-17 to 12/04/2003

260-RICR-30-15-8 § 8.2 Purpose

A.The purpose of these Rules and Regulations is to provide standards for the examining and licensing of hoisting engineers.

History

• Amendment — effective from 2026-08-09 to current
• Periodic Refile — effective from 2022-01-04 to 08/09/2026
• Amendment — effective from 2019-01-09 to 01/04/2022
• Amendment — effective from 2013-07-15 to 01/09/2019
• Amendment — effective from 2009-03-09 to 07/15/2013
• Amendment — effective from 2004-04-07 to 03/09/2009
• EMERGENCY RULE Adoption — effective from 2003-12-04 to 04/07/2004
• Periodic Refile — effective from 2001-12-17 to 12/04/2003

260-RICR-30-15-8 § 8.3 Definitions

A.The following definitions shall apply:

1.“Agriculturist” as used within R.I. Gen. Laws § 28-26-14 means an individual engaged in the science, art, and business of cultivating soil, growing crops, and raising livestock. Their work includes activities such as planting, harvesting, fertilizing, irrigation, and farm maintenance. Agricultural operations may involve the use of tractors, plows, combines, and other machinery to support food production and land management. This definition does not include tree service companies.

2.“Department” means the Department of Labor and Training.

3.“Division” means the Division of Workforce Regulation and Safety.

4.“Direct line of sight supervision” means that the Trainee is within the immediate proximity of the Trainer and can read hand signs.

5."DOT medical card" means a card given after a Department of Transportation (DOT) physical examination conducted by a licensed medical examiner listed on the Federal Motor Carrier Safety Administration (FMCSA) National Registry.

6.“Horticulturist” as used within R.I. Gen. Laws § 28-26-14 means a professional who specialize in the cultivation, maintenance, and care of plants, including fruits, vegetables, flowers, and ornamental trees. Horticulture is distinct from general agriculture in that it focuses more on plant sciences, greenhouse management, landscape design, and nursery cultivation rather than large-scale crop or livestock production. This definition does not include tree service companies.

7.“Multi-function equipment” means any equipment that is capable of performing different tasks based on the use of a manufacturer’s approved attachment design for such purposes.

8.“Operator training” means actual field instruction provided by a Trainer to a Trainee where the Trainee controls the Excavating Equipment.

9.“Trainee” means a person granted an Operator Trainee License by the Department.

10.“Trainer” means a person who holds a valid Rhode Island Excavating Equipment License for at least five years, or a Full License as defined by § 8.5 of this Part, and who is approved as a Trainer by the Division for Operator Training of a specific Trainee.

11.“Tree service company” means a business or individual engaged in the cutting, pruning, trimming, removal, bracing, or other structural maintenance of trees or tree limbs. This term does not include agriculturists or horticulturists as defined within this Section.

History

• Amendment — effective from 2026-08-09 to current
• Periodic Refile — effective from 2022-01-04 to 08/09/2026
• Amendment — effective from 2019-01-09 to 01/04/2022
• Amendment — effective from 2013-07-15 to 01/09/2019
• Amendment — effective from 2009-03-09 to 07/15/2013
• Amendment — effective from 2004-04-07 to 03/09/2009
• EMERGENCY RULE Adoption — effective from 2003-12-04 to 04/07/2004
• Periodic Refile — effective from 2001-12-17 to 12/04/2003

260-RICR-30-15-8 § 8.4 Types of Licenses

A.UNRESTRICTED LICENSE - qualifies the person to operate the equipment specified on the license, in the category or categories designated in § 8.5 of this Part. This license is valid for work for multiple employers.

B.RESTRICTED LICENSE – a restricted license is valid only for work performed in the employment of a single employer, within the premises owned and occupied by the employer, and is restricted to the type of equipment as specified on the license, in the category or categories designated in § 8.5 of this Part. Municipal, State, and Quasi-State employees, who hold a restricted license, must follow the same provisions as above stated restricted licensees.

History

• Amendment — effective from 2026-08-09 to current
• Periodic Refile — effective from 2022-01-04 to 08/09/2026
• Amendment — effective from 2019-01-09 to 01/04/2022
• Amendment — effective from 2013-07-15 to 01/09/2019
• Amendment — effective from 2009-03-09 to 07/15/2013
• Amendment — effective from 2004-04-07 to 03/09/2009
• EMERGENCY RULE Adoption — effective from 2003-12-04 to 04/07/2004
• Periodic Refile — effective from 2001-12-17 to 12/04/2003

260-RICR-30-15-8 § 8.5 Categories of Licenses

A.FULL LICENSE -- This license allows the operation of all hoisting and excavating equipment. A full license shall be issued to any person, successfully completing an examination for the same, who previously qualified himself/herself under this Chapter, as a hoisting engineer with a valid regular Rhode Island hoisting license for a period of at least two (2) years.

B.LATTICE CRANE LICENSE -- This license allows the operation of all lattice boom cranes, derricks, stiff legs, Chicago booms, gin poles, and tower cranes.

C.HYDRAULIC CRANE LICENSE -- This license allows the operation of cranes and other machines in which the main boom is hydraulically telescopic. This includes personnel and/or material hoists (as defined in the Rhode Island Elevator Safety Code §§ 10-1.7 and 1.8 of this Chapter, manipulators, winches, spider cranes, vibratory hammers, hydraulic hoists.

D.AERIAL LIFT LICENSE -- This license allows the operation of a boom type personnel lift that is hydraulically operated enabling the worker to lift himself/herself into an elevated working position, while lifting material.

E.OVERHEAD ELECTRIC CRANE LICENSE -- This license allows the operation of machinery which is electrically operated, that moves along an overhead rail that supports a trolley enabling material to be hoisted from one location to another.

F.CONVEYOR BELT LICENSE -- This license allows the operation of a self-propelled crushing and/or reclaiming equipment, and portable conveyors used to move materials.

G.CONCRETE PUMP / SCREEDING EQUIPMENT LICENSE -- This license allows the operation of hydraulic pumps which pumps cement products from one location to another, and machines used for screeding freshly poured concrete.

H.CONSTRUCTION FORKLIFT/ TELEHANDLER LICENSE -- This license allows the operation of a hydraulic equipment, that does not have a cable winch, but has forks and/or attachments to lift and/or transport material from one location to another, with an extendable boom for height and reach.

I.EXCAVATING EQUIPMENT LICENSE -- This license allows the operation of rubber tired, crawler, or robotic equipment (whose primary function is not designed for hoisting) machinery for excavating, grading, demolition, crushing, grinding, reclaiming, paving and compaction of earth or asphalt.

J.DRILLING RIG LICENSE -- This license allows the operation of truck or track mounted, rotary type machine used to test and/or excavate the earth.

K.HYDRAULIC DELIVERY TRUCK-- This license allows the operator of a supply, delivery, or equipment rental company to only unload their product or equipment at their delivery destination by whatever hydraulic means that is on the transport vehicle.

L.SIGN CRANE -- This license allows sign contractors to perform installation and removal of signs only.

M.SEGMENTAL LIFT HOIST OR SEGMENTAL ERECTING ARM -- This license allows operation of machinery that is used for hoisting and setting precast concrete segments underground in tunnel construction only.

History

• Amendment — effective from 2026-08-09 to current
• Periodic Refile — effective from 2022-01-04 to 08/09/2026
• Amendment — effective from 2019-01-09 to 01/04/2022
• Amendment — effective from 2013-07-15 to 01/09/2019
• Amendment — effective from 2009-03-09 to 07/15/2013
• Amendment — effective from 2004-04-07 to 03/09/2009
• EMERGENCY RULE Adoption — effective from 2003-12-04 to 04/07/2004
• Periodic Refile — effective from 2001-12-17 to 12/04/2003

260-RICR-30-15-8 § 8.6 License Requirements

A.The Division of Professional Regulation shall conduct examinations every thirty (30) days, or sooner, as the Director deems necessary. The passing score shall be 70 percent.

B.Any person holding a Restricted License may at any time apply for examination to qualify for operation of additional types of machinery. If applicant passes such examination, applicant's license shall indicate equipment for which he/she qualifies.

C.Licenses shall show the date of issuance and shall expire on the licensee's birthday every two (2) years. Licenses may be renewed on or after that date, within a two (2) year period, upon payment of the appropriate renewal fees, plus a twelve-dollar ($12.00) per month administrative assessment fee for the delinquency period. No re-examination shall be permitted during the 24 month delinquency period.

1.If licenses are not renewed in two (2) years, the applicant will be subjected to re-examination.

2.Any person with a pending violation will not be permitted to take a hoisting engineer examination, until such time as the fine and/or violation has been settled.

3.Any license expiring while the holder thereof is in the active military, naval, or air service of the United States shall be renewed without further examination, upon payment of the prescribed fee, at any time within four (4) months after the person's discharge from the service.

D.Every person shall have his/her license in his/her possession and on his/her person at all times while engaged in actual operation of hoisting machinery. No person shall transfer his/her license to another person. No licensee shall voluntarily give up possession of his/her license or place it beyond his/her personal control by pledging or depositing it with another person. Failure to comply with the above shall subject the holder to revocation of his/her license and any other penalties prescribed by law.

E.All applications for a license must be accompanied by a Medical Certification (DOT medical card), affidavit detailing work history, one (1) photo of applicant, and a non-refundable fee of seventy-five ($75.00) dollars.

F.The Board of Examiners has the power to disregard any of the above rules and regulations if necessary, during a governmentally declared state of emergency.

G.In accordance with the Federal Regulations, 29 C.F.R. §§ 570.58 and 570.68 of the Fair Labor Standards Act, no license shall be granted to a person less than eighteen (18) years of age.

H.Any person operating Multi-functional equipment is required to possess the appropriate license as defined in § 8.5 of this Part, “Categories of Licenses,” for the task that is being performed when operating the equipment with an attachment.

I.The operator shall operate hoisting machinery only when fully attentive. The operator shall not operate the equipment erratically and/or under the influence of alcohol or drugs. When an operator is physically or mentally unfit, the operator shall not operate hoisting machinery.

History

• Amendment — effective from 2026-08-09 to current
• Periodic Refile — effective from 2022-01-04 to 08/09/2026
• Amendment — effective from 2019-01-09 to 01/04/2022
• Amendment — effective from 2013-07-15 to 01/09/2019
• Amendment — effective from 2009-03-09 to 07/15/2013
• Amendment — effective from 2004-04-07 to 03/09/2009
• EMERGENCY RULE Adoption — effective from 2003-12-04 to 04/07/2004
• Periodic Refile — effective from 2001-12-17 to 12/04/2003

260-RICR-30-15-8 § 8.7 Operator Trainee License

A.The Operator Trainee License shall allow a Trainer to provide Operator Training to a Trainee in the proper and safe use of Excavating Equipment, as defined in § 8.5(I) of this Part, and shall be valid for a two (2) year period or until such time as the Trainer notifies the Division that he/she is no longer providing Operator Training to the Trainee;

B.A Trainee is required to sit for the Hoisting Engineer’s examination before the expiration of the two-year term of the Operator Trainee License;

C.Applicants who hold an Operator Trainee License and sit for a Hoisting Engineer examination and fail may sit for a second Hoisting Engineer examination after a thirty-day period;

D.A Trainee holding an Operator’s Trainee License and who has failed the Hoisting Engineer’s examination may request to come before the Board of Examiners of Hoisting Engineers to request an additional one (1) year extension of his/her Operator Trainee License;

History

• Amendment — effective from 2026-08-09 to current
• Periodic Refile — effective from 2022-01-04 to 08/09/2026
• Amendment — effective from 2019-01-09 to 01/04/2022
• Amendment — effective from 2013-07-15 to 01/09/2019
• Amendment — effective from 2009-03-09 to 07/15/2013
• Amendment — effective from 2004-04-07 to 03/09/2009
• EMERGENCY RULE Adoption — effective from 2003-12-04 to 04/07/2004
• Periodic Refile — effective from 2001-12-17 to 12/04/2003

260-RICR-30-15-8 § 8.8 Operator Trainee Application Process

A.Persons seeking an Operator Trainee License must submit an application to the Division;

B.The Division shall approve applications from persons over the age of eighteen (18) upon submission of a complete application for an Operator Trainee License;

C.The application for Operator Trainee Licenses shall include:

1.A notarized letter or statement from the owner/lessee of the proposed Excavating Equipment upon which the applicant will receive Operator Training in which the owner/lessee grants the applicant and proposed Trainer permission to perform Operator Training on his/her Excavating Equipment;

2.A notarized letter from the proposed Trainer stating that he/she will provide the applicant with Operator Training in compliance with the rules stated herein and that the applicant possesses the competency to train to run Excavation Equipment;

3.The applicant’s name, address and telephone number;

4.The proposed Trainer’s name, business name, address and his/her Rhode Island Hoisting Engineer License number; and

5.A $75 application fee.

History

• Amendment — effective from 2026-08-09 to current
• Periodic Refile — effective from 2022-01-04 to 08/09/2026
• Amendment — effective from 2019-01-09 to 01/04/2022
• Amendment — effective from 2013-07-15 to 01/09/2019
• Amendment — effective from 2009-03-09 to 07/15/2013
• Amendment — effective from 2004-04-07 to 03/09/2009
• EMERGENCY RULE Adoption — effective from 2003-12-04 to 04/07/2004
• Periodic Refile — effective from 2001-12-17 to 12/04/2003

260-RICR-30-15-8 § 8.9 Trainer's Responsibilities

A.Provide Operator Training to only one (1) Trainee at any given time;

B.Remain in the Trainee’s Direct Line of Sight Supervision at all times in which the Trainee receives Operator Training;

C.Directly supervise the Trainee’s Operator Training at all times, a Trainee shall cease operation of excavating equipment when the designated Trainer is not in the immediate proximity;

D.Insure that the Trainee performs Operator Training only within the Trainee’s scope of operational competence and only on the Excavating Equipment, as defined in § 8.5(I) of this Part;

E.Notify the Division in writing, within three (3) business days from the date when the Trainer ceases providing Operator Training to the Trainee;

F.Operator Trainer shall maintain a valid Hoisting Engineer License during the training period;

History

• Amendment — effective from 2026-08-09 to current
• Periodic Refile — effective from 2022-01-04 to 08/09/2026
• Amendment — effective from 2019-01-09 to 01/04/2022
• Amendment — effective from 2013-07-15 to 01/09/2019
• Amendment — effective from 2009-03-09 to 07/15/2013
• Amendment — effective from 2004-04-07 to 03/09/2009
• EMERGENCY RULE Adoption — effective from 2003-12-04 to 04/07/2004
• Periodic Refile — effective from 2001-12-17 to 12/04/2003

260-RICR-30-15-8 § 8.10 Penalty for Violations

A.Whoever violates any provision of this Rule shall be fined pursuant to R.I. Gen. Laws § 28-26-11.

B.Persons aggrieved by any proposed penalty for violation of this Rule may appeal imposition of said penalty pursuant to R.I. Gen. Laws § 28-26-16.

8.11Exemptions

A.Pursuant to R.I. Gen. Laws § 28-26-14, the following professions are exempt from hoisting license requirements when performing duties within the scope of their profession:

1.Engineers under the jurisdiction of the United States;

2.Engineers or operators employed by public utilities;

3.Agriculturists;

4.Fishers;

5.Horticulturists;

6.Individuals utilizing their personal farm equipment performing volunteer services on land trust property; and

7.Powered industrial forklift trucks commonly referenced as forklifts, pallet trucks, rider trucks, fork trucks, or lift trucks unless operated in the construction field.

B.Tree service companies and individuals are not exempt from hoisting license requirements.

History

• Amendment — effective from 2026-08-09 to current
• Periodic Refile — effective from 2022-01-04 to 08/09/2026
• Amendment — effective from 2019-01-09 to 01/04/2022
• Amendment — effective from 2013-07-15 to 01/09/2019
• Amendment — effective from 2009-03-09 to 07/15/2013
• Amendment — effective from 2004-04-07 to 03/09/2009
• EMERGENCY RULE Adoption — effective from 2003-12-04 to 04/07/2004
• Periodic Refile — effective from 2001-12-17 to 12/04/2003

260-RICR-30-15-9 Licensing of Plumbers, Irrigators and Water System Installers

260-RICR-30-15-9 § 9.1 Purpose

The purpose of the following Rules and Regulations is for the adoption of minimum requirements for the licensure of plumbers, irrigators, and water-filtration/treatment-system installers in this state.

9.1.1Authorization for Regulations

The following Rules and Regulations for the Licensure of Plumbers, Irrigators and Water-Filtration/Treatment-System Installers (“Rules and Regulations”) are promulgated pursuant to the authority conferred under R.I. Gen. Laws §§ 5-20-13 and 5-20-23(f), as amended, and are established for the purpose of adopting minimum requirements for the licensure of plumbers, irrigators and water filtration treatment system installers in this state.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Amendment — effective from 2004-04-07 to 07/30/2018
• Amendment — effective from 2003-01-13 to 04/07/2004
• Amendment — effective from 2003-01-07 to 01/13/2003
• EMERGENCY RULE Adoption — effective from 2002-09-11 to 01/07/2003
• Adoption — effective from 2002-01-06 to 09/11/2002

260-RICR-30-15-9 § 9.2 Definitions

A.Wherever used in these rules and regulations, the terms listed below shall be construed in the following manner:

1."Accredited program" means a training program approved by the Office of Higher Education, or the Division of Vocational and Adult Education of the Department of Elementary and Secondary Education, and the State Board of Plumbing Examiners.

2."Act" means R.I. Gen. Laws Chapter 5-20 et seq., as amended, entitled "Plumbers, Irrigators and Water System Installers."

3.“Apprentice irrigator” means any person hired to perform all phases of an irrigation project under the supervision of a Master Irrigator or a licensed journeyperson for a period of not less than one calendar year.

4."Apprentice plumber" means any employee whose principal occupation is service with a master plumber with a view to learning the art or trade of maintenance, installation, or repair of plumbing.

5.“Apprentice water-filtration/treatment-system installer” means a person hired to perform all phases of a water-filtration/treatment-system project under the supervision of a master water-filtration/treatment-system installer licensee or a licensed journeyperson water-filtration/treatment-system installer for a period of one year.

6."Board" refers to the State Board of Plumbing Examiners established pursuant to R.I. Gen. Laws § 5-20-6.

7.“Commercial water-filtration/treatment-system work” means any alteration, installation or repair of water-filtration/treatment systems in which the piping exceeds one and one-half inches (1.5”) or the flow rate exceeds eighty (80) gallons per minute. The water-filtration/treatment-system installer shall only install the water-filtration/treatment system within the valves, inlet, outlet and by-pass system provided by a duly licensed plumbing contractor. A duly licensed plumbing contractor shall install proper means of disposal for all Commercial water-filtration/treatment systems.

8."Continuously engaged in the supervision", means supervision that is provided by a master or journeyperson plumber, irrigator that involves monitoring at the job site throughout the duration of the plumbing, irrigation work being performed.

9."Department" refers to the Rhode Island Department of Labor & Training.

10."Director" refers to the Director of the Rhode Island Department of Labor & Training.

11."Division" refers to the Division of Professional Regulation of the Rhode Island Department of Labor and Training.

12.“Irrigation" means an assembly of component parts permanently installed with and for the distribution and conservation of water for the purpose of irrigating any type of landscape vegetation in any location or for the purpose of dust reduction or erosion control. This includes parts used in the application and installation of drip systems.

13"Irrigation work" means the connection to the backflow prevention devices.

14.“Journeyperson irrigator” means, as defined in R.I. Gen. Laws § 5-20-5.1, any person who has performed all phases of an irrigation project under the supervision of a master irrigator for a period of not less than one calendar year. A journeyperson shall not be permitted to own or operate a business or apply for any permits.

15."Journeyperson plumber" means, as defined in R.I. Gen. Laws § 5-20-4, any employee except an apprentice plumber or a master plumber, as herein defined, whose principal occupation is the installation, maintenance or repair of plumbing.

16.“Journeyperson water-filtration/treatment-system installer” means, as defined in R.I. Gen. Laws § 5-20-3.3, a person who has performed all phases of a project under the supervision of a master water filtration/treatment-system installer licensee for a period of not less than one year. Journeypersons shall not be permitted to apply for a water-filtration-system installation permit.

17."Master irrigator" means, as defined in R.I. Gen. Laws § 5-20-3.1, a person who has performed in the capacity of a journeyperson irrigator for not less than two (2) years.

18.“Master plumber" means, as defined in R.I. Gen. Laws § 5-20-3;

a.Any person who as an independent contractor engages in this state in the business of installation, maintenance or repair of plumbing in the building or upon premises that plumbing is or is to be located, either by contract or agreement with the owner, lessee, tenant or agent of those premises or building;

b.Any person who employs one or more journeymen plumbers, one or more plumber's apprentices or other persons to assist in that installation, maintenance, or repair work; or

c.Any person who performs any acts specified herein for performance by a master plumber.

d.A person holding a valid master plumbers license under this chapter shall not be required to obtain an additional license under this chapter to perform master irrigation work or water-filtration/treatment-system work.

19.“Master water-filtration/treatment-systems installer” means, as defined in R.I. Gen. Laws § 5-20-3.2, a person who has performed in the capacity of a journeyperson water-filtration/treatment system installer for not less than one year.

20.“Plumbing" means, as defined in R.I. Gen. Laws § 5-20-2:

a.All fittings, fixtures, appliances and connections, connecting buildings or premises where a person or persons, live, work or assemble, with the source of public or private water supply used or intended for domestic or personal use.

b.All piping, fittings, fixtures, and appliances for a sanitary drainage and related, ventilation system, direct or indirect, within that building.

c.Air piping, medical and laboratory gas systems, including but not limited to, oxygen and nitrous oxide.

21."Source of private water supply" means, as defined in R.I. Gen. Laws § 5-20-2(2), the water connection located at the mean water level.

22."Source of public water supply" means, as defined in R.I. Gen. Laws § 5-20-2(3), any water connection located within five (5) feet of the outer walls of or within a building, or structure, including any interconnecting piping between buildings or structures .

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Amendment — effective from 2004-04-07 to 07/30/2018
• Amendment — effective from 2003-01-13 to 04/07/2004
• Amendment — effective from 2003-01-07 to 01/13/2003
• EMERGENCY RULE Adoption — effective from 2002-09-11 to 01/07/2003
• Adoption — effective from 2002-01-06 to 09/11/2002

260-RICR-30-15-9 § 9.3 Licensure Requirements R.I. Gen. Laws Chapter 5-20

A.General Requirements

1.Pursuant to R.I. Gen. Laws § 5-20-8 as amended, no person shall engage in this state in the business of plumbing or irrigation, or commercial water-filtration/treatment work as a master water-filtration/treatment-system installer; employ a journeyperson plumber or journeyperson irrigator, or journeyperson water-filtration/treatment-system installer; or plumbing or irrigation, or water-filtration/treatment-system installer, apprentice, enter into contracts or agreements for the installation, maintenance or repair of plumbing or irrigation, or water-filtration/treatment-systems; perform any of the acts specified in the act for performance by a master plumber or master irrigator, or master water-filtration/treatment-system installer; shall advertise or represent in any form or manner that he or she is a master plumber master irrigator, or master water-filtration/treatment-system installer; that he or she will install plumbing, irrigation, or commercial water-filtration/treatment-systems, unless such a person possesses a certificate of license in accordance with the provisions of the act and the rules and regulations herein.

2.Furthermore, any individual licensed as a master plumber, master irrigator, master water-filtration/treatment-system installer, journeyperson plumber, journeyperson irrigator, or, journeyperson water-filtration/treatment-system installer, registered as an apprentice plumber, apprentice irrigator, apprentice water-filtration/treatment-system installer shall carry his or her license or registration certificate at all times on his or her person while engaged in plumbing, or irrigator's irrigation, or water-filtration/activities and shall affix his or her plumber's or irrigator's, or water-filtration/treatment system installer’s contractor license number to any contract he or she executes or any bid filed with any person for their professional services and to any applicable permit required for the performance of those services.

3.Persons licensed as master plumbers or master irrigators, or master water-filtration/treatment system installers pursuant to the provisions herein shall not be required to obtain an installers license as required by R.I. Gen. Laws § 5-56-1 as amended: however, master plumbers, master irrigators, and master water-filtration/treatment system installers shall be required to comply with the performance and conduct requirements of R.I. Gen. Laws § 5-56-7 as amended.

4.Corporations, firms, associations, partnerships and entities must engage in business in accordance with R.I. Gen. Laws § 5-20-12.

5.Supervision:

a.Apprentice plumbers shall be under the direct supervision of a licensed journeyperson and/or master plumber.

b.Apprentice irrigators shall be under the direct supervision of a master and or journeyperson irrigator.

c.Apprentice water-filtration/treatment-system installer shall be under the direct supervision of a master and or journeyperson water-filtration/treatment-system installer.

6.No licensee shall engage in business under any other name than that stated on his/her license.

B.Qualifications for Licensure as required by R.I. Gen. Laws § 5-20-17

1.An applicant seeking licensure to practice as a master plumber, master irrigator or master water-filtration/treatment-system installer must:

a.Have completed one (1) year of experience as a licensed journeyperson, employed by a master plumber, master irrigator, or master water-filtration/treatment-system installer licensed in this state;

b.Have satisfactorily passed a written examination approved by the Director.

2.Journeyperson Plumbers - An applicant seeking licensure to practice as a journeyperson plumber must fulfill the application requirements and criteria set forth in R.I. Gen. Laws § 5-20-17.

a.In addition to the requirements set forth in R.I. Gen. Laws § 5-20-17:

(1)During the whole of the eight thousand (8,000) hours of on the job training required by R.I. Gen. Laws § 5-20-17(a)(2), the registered apprentice plumber must be employed as an apprentice plumber in the State of Rhode Island.

b. Applicants registered as apprentices prior to 1999 are required only to meet the requirements of R.I. Gen. Laws § 5-20-17 in effect at the time they became a registered apprentice.

3.Journeyperson Irrigators - An applicant seeking licensure to practice as a journeyperson must fulfill the application requirements and criteria set forth in R.I. Gen. Laws § 5-20-17.1.

4.Journeyperson Water-Filtration/treatment-System Installers must fulfill the application requirements and criteria set forth in R.I. Gen. Laws § 5-20-17.2.

C.Application for Licensure and Fee

1.Application for licensure/registration shall be made on forms provided by the division which shall be completed and submitted to the Department. For licensure as a master plumber, master irrigator, master water-filtration/treatment-system installer or a journeyperson plumber, journeyperson irrigator and journeyperson water-filtration/treatment-system installer, such application and supporting materials shall be submitted not less than fifteen (15) days prior to the scheduled date of examination. Such application shall be accompanied by the following documents:

a.Proof of US citizenship or legal residency:

b.For US citizen applicants: a certified or notarized copy of his or her birth certificate, or if a naturalized citizen, proof of naturalization;

c.For non-citizen applicants: proof of lawful eligibility for employment in the United States;

d.A recent identification photograph of the applicant (head and shoulder front view) approximately 2 x 3 inches in size;

e.A chronological resume of experience from the time of completion of academic requirements and/or registration as an apprentice plumber;

f.The fee as required by R.I. Gen. Laws §§ 5-20-16(a)(1), 5-20-17(a)(1), 5-20-17.1)1), 5-20-17.2(1).

g.A copy of licensure in each state in which the applicant has held or holds licensure, to be submitted to the Board of this state attesting to the licensure status of the applicant during the time period applicants held licensure in said state.

h.Evidence of education, training and experience as required, including:

i.An affidavit(s) from the applicant's employer(s) or former employer(s) or other evidence satisfactory to the Board, showing the applicant to have been actually engaged in plumbing work as an apprentice plumber in the state of Rhode Island in accordance with the requirements herein; and

j.Supportive certified transcripts of successful completion of related instruction in accordance with the requirements herein at a training program recognized and/or accredited by the Department of Labor & Training, signed by the dean and/or principal of the education facility and/or institution and bearing the imprint of the education facility and/or institution;

k.Exemption: For those applicants registering as an apprentice before June 3, 1986, there is no requirement to submit supportive certified transcripts of successful completion of related instruction at an accredited training program.

2.For Contractor Master Plumber:

a.Completion of application form provided by the division and accompanied by the following as required herein:

(1)Education and Experience: Applicants must have a Bachelor of Science degree in Plumbing and or Engineering (or an equivalent degree as determined by the board) and must have at least four (4) years of relevant experience in plumbing of a nature and quality, which is acceptable to the board; and/or

(2)Applicants must have a Bachelor of Science degree in Business Administration (or an equivalent degree as determined by the board) and must have at least four (4) years of relevant experience in Plumbing of a nature and quality which is acceptable to the board.

(3)A copy of licensure in each state in which the applicant has held or holds licensure, to be submitted to the Board of this state attesting to the licensure status of the applicant during the time period applicants held licensure in said state.

(4)Applicants must submit two (2) affidavits, of a nature and quality acceptable to the Board, from duly authorized officers of their employment, evidencing continued competence and relevant experience in the discipline in plumbing.

(5)Applicants must submit two (2) character references of a nature and quality acceptable to the Board.

(6)Applicants must supply the Employer Identification Number (EIN) of the entity to be licensed.

(7)Applicants must supply a copy of the current Workers Compensation insurance policy of the entity to be licensed.

(8)Applicants must supply a copy of the current general liability insurance policy of the entity to be licensed.

b.All vehicles and places of business shall be identified by the displaying of Rhode Island Department of Labor & Training issued, license class and number, under which business is conducted. Lettering must be a done at a minimum size of three inches (3").

c.Contractors shall have an understanding of Worker's Compensation, Temporary Disability Insurance, State and Federal Withholding procedures and the Federal and State Davis-Bacon Act (Prevailing Wage). In addition, they shall have a working knowledge of state and federal OSHA laws and the B.O.C.A. State Building Code, particularly the Mechanical Sections of the currently approved edition.

d.This person shall carry on his or her person at all times and shall affix his or her contractor's license number to any advertisement and/or contract he or she executes and/or bid he or she files with any consumer for his or her professional services and to any applicable permit required for the performance of those services.

e. Application Fees: Such application shall also be accompanied by the appropriate application fee (non-refundable and non-returnable) made payable to the General Treasurer, State of Rhode Island.

f.Other Requirements: The Board at its discretion reserves the right to require any or all applicants to appear before the Board for an interview. The Board at its discretion reserves the right to require any such other information as may be deemed necessary and appropriate by the Board.

D.Examination

1.Applicants shall be required to pass such examination as the Board deems necessary to test the applicant's knowledge and skills to engage in this state as a master plumber, master irrigator, master water-filtration/treatment-system installer or a journeyperson plumber, journeyperson irrigator, journeyperson water-filtration/treatment-system installer.

a.For written examinations, the Board requires applicants to successfully pass such examination for, master plumber, master irrigator, master water-filtration/treatment-system installer, journeyperson plumber, journeyperson irrigator and journeyperson water-filtration/treatment-system installer as approved by the Board.

b.The Board shall determine the passing score of each written examination administered.

c.Confidential identification numbers shall be assigned to each applicant by the Administrator of the Division and the names shall not be made known to the Board until the scores have been recorded.

2.Examinations shall be given at least three (3) times a year at such time and place as designated by the Director.

3.Re-examination:

a.In case of failure of any applicant to satisfactorily pass an examination, such applicant shall be entitled to take further examination upon payment for each examination of the prescribed fee.

b.Any applicant who has failed to qualify may, within thirty (30) days after notification of failure, appeal to the Board in writing requesting a review of the decision to the Administrator of the Division.

c.A further appeal may then be taken pursuant to R.I. Gen. Laws § 5-20-22.

4.Out-Of-State Licensed Plumbers, Irrigators and Water-Filtration/Treatment-System Installers:

a.A master plumber, master irrigator, master water-filtration/treatment-system installer or a journeyperson plumber, journeyperson irrigator, journeyperson water-filtration/treatment-system installer duly licensed by examination in a state(s) other than Rhode Island, may be issued a license in this state provided that the requirements are the same as this state specifying that person provided, further that:

(1)The applicant submits a copy of his or her current license;

(2)The Board of Plumbing, Irrigation, or Water-filtration/treatment-system installer in each state in which the applicant holds or has held licensure submits to the Board of this State a statement attesting to the licensure status of the applicant during the time period the applicant held licensure in said state(s);

(3)The applicant submits affidavits of having successfully passed a written examination for licensure in the state in which he or she holds current licensure and that such examination was for the classification for which the applicant is seeking licensure in this state;

E.Issuance and Renewal of License / Registration:

1.Upon completion of the aforementioned requirements, the Director may issue a license to those applicants found to have satisfactorily met all the requirements herein. Pursuant to R.I. Gen. Laws § 5-20-23(a), said license unless sooner suspended or revoked shall expire for individuals born in odd years on the birthday of the individual in odd years and for individuals born in even years on the birthday of the individual in even years.

2.Before the applicants’ birthday in the expiring year, the Administrator of the Division shall mail an application for renewal of license to that person. Every person licensed who intends to engage as a master plumber, master irrigator, master water-filtration/treatment-system installer, journeyperson plumber, journeyperson irrigator, or journeyperson water-filtration/treatment-system installer, shall file a renewal application duly executed together with the renewal fee made payable to the General Treasurer, State of Rhode Island before the applicants birthday.

a.Pursuant to R.I. Gen. Laws § 5-20-23, any master plumber, master irrigator, or master water-filtration/treatment-system installer, who fails to renew his or her license may be reinstated on or after the renewal date for a period of two (2) years upon payment of the current biennial renewal fee of two hundred forty ($240.00) dollars plus outstanding license fees and a twelve dollar-per-month ($12.00) administrative assessment fee for the delinquent period.

bPursuant to R.I. Gen. Laws § 5-20-23, any journeyperson plumber, journeyperson irrigator or journeyperson water filtration/treatment system installer who fails to renew his or her license may be reinstated on or after the renewal date for a period of two (2) years upon payment of the current biennial renewal fee of seventy-two ($72.00) dollars plus outstanding license fees and a twelve dollar-per-month ($12.00) administrative assessment fee for the delinquent period.

c. Pursuant to R.I. Gen. Laws § 5-20-23, notwithstanding any other provisions of this chapter, a license not renewed within two (2) years of its date of expiration is deemed forfeited and may only be reinstated by the person taking a test for a new license.

F.Mandatory Continuing Education (“MCE”) Requirements

1.Requirements for License Renewal

a.Master and Journeyperson Plumbers, as a condition for license renewal, shall complete seven (7) hours of approved continuing education courses with an approved Provider during every two (2) year license cycle.

b.Each licensee shall retain all Mandatory Continuing Education documentation for two (2) renewal cycles and shall furnish this documentation to the Board if requested.

2.Exemptions from MCE Requirement

a.The licensee, as an approved instructor of continuing education, may use his or her course instruction to satisfy the continuing education requirement for that renewal cycle; or

b.Is a current Rhode Island Plumbing Inspector, Rhode Island Assistant Plumbing Inspector, or Building Official for a Rhode Island city or town; or

c.Is a current Rhode Island State Inspector/Investigator; or

d.Has a combination of years of experience as a licensed Master Plumber or Journeyperson Plumber and years of age which, when combined, equal a total of eighty (80) years, pursuant to R.I. Gen. Laws § 5-20-23(g).

3.Waivers for Good Cause

a.The Board or designee may consider the granting of a waiver of the mandatory continuing education requirements for good cause shown.

b.The waiver request shall be in writing, and unless excused, must be submitted prior to the expiration of each renewal cycle in which said education must be completed.

c.Good cause may include, but not be limited to, illness (which should be supported by a letter from a licensed medical physician), disability (which should be supported by a letter from a licensed medical physician), or military service (which should be supported by documentation).

4.Failure to Complete MCE Requirement

a.With the exception of military service any licensee who does not complete the required seven (7) hours of continuing education within the license renewal cycle of (2) two years shall be responsible to meet the required MCE prior to license renewal.

b.Licensees shall also be subject to Board review and disciplinary action that may include, but not be limited to, denial of a request for renewal of license.

5.Certificate and Document of Completion of MCE Requirement

a.Upon the successful completion of seven (7) hours of continuing education, each licensee shall receive from his/her Board-approved continuing education provider a certificate of completion.

b.Each licensee shall retain such documentation for two renewal cycles (four (4) years) and shall furnish it to the Division if so requested. Failure to provide proof of required documentation may result in non-renewal of a license or other disciplinary action by the Board.

c.The Board reserves the right to conduct audits.

6.Falsification or Fraudulent Transfers of MCE Certificates of Completion

a.The falsification of any Mandatory Continuing Education requirement or the fraudulent transfer of a certificate of completion to any individual shall be grounds for the initiation of formal disciplinary proceedings against the licensees found to have engaged in such misconduct, up to and including suspension or revocation of any license(s) issued by the Board.

7.Qualifications and Requirements for MCE Providers (“Provider”)

a.A Provider of MCE seminars will be approved by the Board

b.All Providers seeking Board approval to conduct programs for MCE shall:

(1)Complete and submit the Provider Application Form, which is posted on the Division’s website;

(2)Provide a detailed outline and lesson plan of each course of study offered, as approved by the Board, and the names and license numbers of all instructors annually; and

(3)Maintain at least $500,000 in liability insurance coverage and provide proof of liability insurance to the Board.

c.Each Provider shall notify the Board, or designee, of any change of instructors for any course.

d.The Board may withdraw at any time its approval as issued to any Provider issued for any program, course or instructor who, in the Board's opinion and in its sole discretion, no longer meets the requirements for approval established by the Board.

8.Instructor Qualifications to Conduct MCE Courses: Instructors must meet at least one of the following to become a qualified instructor:

a.Instructors of plumbing courses must have a Rhode Island Master Plumber’s license for a minimum of five years; or

b.Be a current Rhode Island Plumbing Inspector, Rhode Island Assistant Plumbing Inspector, or Building Official for a Rhode Island city or town; or

c.The Rhode Island State Building Commissioner, or his/her designee as approved by the Board or by the RI Department of Labor and Training, Chief Plumbing Investigator, or

d.The Board may approve other individuals who would not otherwise qualify as instructors of MCE courses where those individuals have a demonstrated competency in subject areas applicable to the plumbing industry or to the subject being taught.

9.MCE Record Keeping Requirements

a.All authorized Providers shall maintain for a period of not less than two (2) year renewal license cycles (four (4) years) complete and accurate records for each licensee to whom the provider has issued a Certificate of Completion of MCE.

b.Certificate of Completion of MCE Seminar Course shall at minimum include the following information:

(1)Provider identification number as issued by the Board;

(2)Instructor's name, and/or Rhode Island master plumber license number if applicable, and contact information;

(3)Instructor's actual or electronic signature signed under penalties of perjury;

(4)Course title, date, and location (city or town), or designated as an online course;

(5)Classroom hours of instruction and course subject matter; and

(6)Attendee name, his/her license number, if applicable.

c.Each approved Provider shall maintain the sign in sheet for each continuing education course offered and shall electronically transmit to the Board, or its designee, certification of each licensee's completion of the continuing education course within ten (10) business days of the completion date of the course.

d.The certification shall contain the following data and information:

(1)Names and license number(s) of all licensees attending; and

(2)Date and title of the course; and

(3)Course hours completed.

10.MCE Course Requirements

a.The Board, or their designee, in conjunction with the RI State Building Code Commission shall approve course materials to be used for MCE courses.

b.Course evaluations will be included in the course materials.

c.Providers shall not advertise or promote the sale of specific goods and/or services during the course of any continuing education class.

11.Provider/Instructor Expiration and Denial of Board Approval

a.The Board may withdraw its approval of any Provider/Instructor who fails to meet the educational criteria.

b.The Board may deny approval of an application from a Provider for any of the following reasons:

(1)Inadequate or unprofessional coverage of the materials required to be included in the course materials; or

(2)Unsatisfactory evaluations of the course materials by licensees, the Board or its designee.

12.Appeal Process for the Denial as a Course Instructor or Denial of a MCE Course

a.Those individuals who have been denied as a Course Instructor or have had a MCE Course denied by the Board may appeal to the Director of the RI Department of Labor and Training or his/her designee.

G. Posting License in Place of Business

1.Pursuant to R.I. Gen. Laws § 5-20-24, in every place in this state within and from which a plumbing, irrigation or commercial water-filtration/treatment business is conducted as specified for a contractor or master plumber, master irrigator or master water-filtration/treatment-system installer, there shall be on display at all times a certificate of license. Furthermore, any sign listing or advertisement of any type of a contractor, master plumber, master irrigator or master water-filtration/treatment-system installer shall contain his or her name, address and license number. This information shall be included on all trucks used in connection with his or her business.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Amendment — effective from 2004-04-07 to 07/30/2018
• Amendment — effective from 2003-01-13 to 04/07/2004
• Amendment — effective from 2003-01-07 to 01/13/2003
• EMERGENCY RULE Adoption — effective from 2002-09-11 to 01/07/2003
• Adoption — effective from 2002-01-06 to 09/11/2002

260-RICR-30-15-9 § 9.4 Violations/Sanctions/Severability

A.Violations / Sanctions

1.Any person violating any provision of the Act or the regulations herein shall be subject to the penalties as follows: Any person, firm, or corporation licensed or unlicensed by the Department of Labor and Training, Division of Professional Regulation is subject to a fine of ($1500.00) Fifteen Hundred Dollars for a first offense and for a second or subsequent violations of this chapter to be subject to a fine of not less than ($2000.00) Two Thousand Dollars.

2.All hearings and reviews required under the provisions of the Act and the rules and regulations herein shall be conducted in accordance with the provisions of the Act.

B.Severability

1.If any provision of the rules and regulations herein on the application to any facility or circumstances shall be held invalid, such invalidity shall not affect the provisions or application of the rules and regulations which can be given effect, and to this end the provisions of the rules and regulations are declared to be severable.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Amendment — effective from 2004-04-07 to 07/30/2018
• Amendment — effective from 2003-01-13 to 04/07/2004
• Amendment — effective from 2003-01-07 to 01/13/2003
• EMERGENCY RULE Adoption — effective from 2002-09-11 to 01/07/2003
• Adoption — effective from 2002-01-06 to 09/11/2002

260-RICR-30-15-11 Board of Examination of Telecommunication

260-RICR-30-15-11 § 11.1 Authority

This regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws §§ 5-70-8 and 5-70-11.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Amendment — effective from 2003-12-25 to 07/30/2018
• EMERGENCY RULE Adoption — effective from 2003-09-03 to 12/25/2003
• Amendment — effective from 2003-01-07 to 09/03/2003
• EMERGENCY RULE Adoption — effective from 2002-09-11 to 01/07/2003
• Periodic Refile — effective from 2001-12-17 to 09/11/2002

260-RICR-30-15-11 § 11.2 Purpose

To protect public property, assure standards of technical competency, to promote safe practices in the designing, installing, servicing and testing of telecommunications systems, and to establish rules for the licensing of telecommunications workers.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Amendment — effective from 2003-12-25 to 07/30/2018
• EMERGENCY RULE Adoption — effective from 2003-09-03 to 12/25/2003
• Amendment — effective from 2003-01-07 to 09/03/2003
• EMERGENCY RULE Adoption — effective from 2002-09-11 to 01/07/2003
• Periodic Refile — effective from 2001-12-17 to 09/11/2002

260-RICR-30-15-11 § 11.3 Definitions

A."Apprentice" means trainee/telecommunications apprentice registered with the state.

B."Board" means the Board of Examination of Telecommunication.

C."Network interface" or "NI" means all providers of any and all telecommunications services to the general public shall cause to be designated a physical point of network interface. Such NI shall not extend more than six (6) feet beyond the point of entrance or demarcation point as defined herein. Such NI shall apply to any and all interior communications wiring and/or transmission media and shall be considered to be covered by the laws establishing and governing this Board.

D."Personal computer" means a device consisting of a monitor, hard drive keyboard and associated input/output devices that is a standalone device or which serves strictly to allow for an individual to connect to or access a telecommunication system and/or network. A device that may contain the same components that serves as a centralized point or communication for a system and/or network such as a server, router, bridge, PBX, etc. is not included in this definition.

E."TSC" means Telecommunications system contractor pursuant to R.I. Gen. Laws § 5-70-3(5).

F."TSLI" means telecommunications systems limited installer pursuant to R.I. Gen. Laws § 5-70-3(6).

G"TST" means telecommunications systems technician pursuant to R.I. Gen. Laws § 50-70-3(7).

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Amendment — effective from 2003-12-25 to 07/30/2018
• EMERGENCY RULE Adoption — effective from 2003-09-03 to 12/25/2003
• Amendment — effective from 2003-01-07 to 09/03/2003
• EMERGENCY RULE Adoption — effective from 2002-09-11 to 01/07/2003
• Periodic Refile — effective from 2001-12-17 to 09/11/2002

260-RICR-30-15-11 § 11.4 Administration

A.Application for Licensure

1.Applicants must comply with the requirements in R.I. Gen. Laws § 5-70-10.

2.Pursuant to R.I. Gen. Laws § 5-70-10(f), applicants filing for licenses must be at least eighteen (18) years of age. Applications are to be made by an individual applicant filing for the license and category(ies) sought.

3.Applications for examination must be received by the Department of Labor and Training, Division of Professional Regulation at least fifteen (15) working days prior to the examination date.

4.Pursuant to R.I. Gen. Laws § 5-70-5(1)(ii), out-of-state applicants who hold an equivalent license, as determined by this board, issued by another state will be allowed to take the Rhode Island examination. Out of state applicants for TSC who hold no equivalent of TSC license issued by another state and show sworn evidence of three (3) years of verifiable and continuous experience will be allowed to take the Rhode Island TSC license examination.

5.Applicants who apply under the initial or deregulation grandfathering provisions of R.I. Gen. Laws § 5-70-13(a), and who provide evidence of ten (10) years or more of verifiable telecommunications experience covering experience in each category applied for shall be considered as an equivalent to submitting a statement showing three (3) verifiable projects per category and may apply for a TSC license.

a.Persons who are employed by firms or corporations regulated by the Public Utilities Commission; who are retired or terminated prior to and/or as a result of deregulations, may apply for licenses under the Grandfather terms under R.I. Gen. Laws § 5-70-13(c). Persons who apply pursuant to this paragraph, to qualify for grandfathering, must do so within six (6) months of the date of separation from said firm or corporation.

6.Applicants who otherwise qualify under the provisions of rules and regulations may apply for certification as TSC without company affiliation- or while employed by a company that has a TSC license that is held by some other person.

B.Examination

1.Forms

a.The Board will provide or approve the necessary examination forms to the Department of Labor and Training, Division of Professional Regulation for each license form and category. Said examination forms will be individually numbered with a unique identification number. The examination forms will be kept in a securely locked storage compartment except when in use during an examination session.

2.Procedure

a.All examinations shall be conducted and completed in writing and may include written and/or practical demonstrations, and the provisions shall be based on a list of standards, publications and/or texts that is authorized by this board.

b.All answers to written examination questions will be in ink, unless otherwise specified by the Board. Any person found referring to notes or books during an examination, will be disqualified from that examination.

c.In accordance with R.I. Gen. Laws Chapter 5-70, applicants for examination will be required to obtain an average numerical score of at least seventy percent (70%) in order to obtain a license. In addition, applicants for examination will be required to obtain an average numerical score of at least sixty percent (60%) in order to review said examination with the Board.

d.Only those applicants approved to take the examination will be admitted.

e.Cover sheet will be attached to the examination form when presented to the applicant/examinee.

f.Examination forms and attached cover sheets will individually numbered at the conclusion of the exam with a unique corresponding number.

g.Completed examination forms will be presented to the Board for grading with the unique number assigned stamped on each.

h.Completed examinations will not be presented to the Board with the applicant/examinee's name in evidence or in any other manner divulged to the Board prior to grading.

i.DLT will, after grading by the Board, match the cover sheets with the corresponding completed examination.

j.DLT will then make notification to the applicant/examinee, on behalf of the Board, by mail and/or electronically of their result in the following manner:

(1)Pass.

(2)Fail with right to request review (between 60 - 70%)

(3)Fail

k.Reviews must be requested by the applicant/examinee, by phone or in writing, and will be conducted by the Board in the same manner that the tests are scored.

l.The applicant/examinee may be in attendance.

m.The applicant/examinee requesting the review will not be identified to the Board prior to the review proceedings.

n.Official answers to questions that are found to be faulty during the review process shall be discounted for that examination session.

o.Such questions and their answers shall be eliminated or corrected in the official files for future exams.

p.Applicants/examinees who fail may re-apply to take the test at the next session.

q.Persons, firms or corporations aggrieved by a decision of the Board on any questions relative to examinations may petition for a hearing before the Board. Request for such a hearing must be made in writing to the Secretary of the Board within thirty (30) days of notice of such decision.

C.Notifications

1.Notice of the time and place of examinations will be mailed to each applicant.

2.Notice of results of examinations, as noted above, will be mailed to each applicant taking the examination.

D.Renewals

1.All licenses and/or certificates issued by the Board shall be renewable on the birth month of the licensee.

2.Application for renewal of license must be made thirty (30) days prior to the expiration date, which shall be the last day of the licensee's birth month, to remain in effect.

3.A license and/or certificate shall not be renewable if a penalty and/or fine is outstanding with the Board, until such time as restitution has been made.

4.A License in a lapsed state may be renewed without the requirement to submit to re-examination if application is made prior to the expiration of two years from date of expiration, provided the applicant makes the necessary payment of the fees calculated from the date of expiration, including the late charge required by this Board as noted under fees.

5.An individual wishing to reinstate a license that has lapsed for a period just short of two years would be assessed the full license fee for that two year period plus a penalty as determined by the board under fees.

6.Form TSC license and firm or corporation certificate shall be renewable concurrently on the birth month of the individual holding the TSC license under which the business is operating.

7.In the case of military service personnel who are licensees prior to their entry into active military service, shall have their licenses renewed without further examination provided, however, they file for renewal within four (4) months of their release from active duty and upon payment of the prescribed fee. Said individual will not be assessed any late fees.

8.Applications for renewal of form TSC licenses and certificates, in the case of firms or certificates, shall be signed by the same individual originally granted the license or passed the examination by which such firm or corporation was authorized, or reauthorized, to enter upon or engage in business as provided in R.I. Gen. Laws Chapter 5-70.

E.Duplicate license/certificate

1.In the event that a license, registration or certificate issued under the provisions of R.I. Gen. Laws Chapter 5-70 is lost, stolen or destroyed, the person to whom the same was issued may make application for and, upon payment of the required fee, obtain a duplicate license, registration or certificate, upon furnishing proof satisfactory to the board that such has been lost, stolen or destroyed.

2.Such duplicate license, registration or certificate will be clearly marked that it is a duplicate.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Amendment — effective from 2003-12-25 to 07/30/2018
• EMERGENCY RULE Adoption — effective from 2003-09-03 to 12/25/2003
• Amendment — effective from 2003-01-07 to 09/03/2003
• EMERGENCY RULE Adoption — effective from 2002-09-11 to 01/07/2003
• Periodic Refile — effective from 2001-12-17 to 09/11/2002

260-RICR-30-15-11 § 11.5 Licensed Activities

A.No licensee regulated under R.I. Gen. Laws Chapter 5-70 and these regulations shall engage in business under any name other than that stated on his/her license, except the holder of TSC pursuant to the provisions of this section.

1.If a holder of a TSC license wishes to conduct business under a firm, partnership or corporation name, the Board shall issue a certificate through the Department of Labor and Training, Division of Professional Regulation stating such, upon payment of the appropriate fee.

2.A license holder may obtain only one (1) firm or corporate certificate and his or her license shall be restricted to the identified firm or corporation.

3.The firm or corporation certificate will comprise the identical Form TSC license number.

4.The original Form TSC license shall not be utilized by said individual independent of the firm or corporation certificate.

5.Upon notification of termination of the firm or corporation certificate in the name of the individual, the original TSC license shall be retained by the individual and the firm or corporation certificate shall become and be made null and void, after a period of sixty (60) days from such notification.

6.Should the holder of a TSC license be separated from the firm or corporation, to which a certificate was issued, for any reason, such as retirement, lay-off or other reason, except for a violation punishable under the rules of this Board and except as provided above, within sixty (60) days from such separation the firm or corporation must designate an individual and who must apply for licensing under the rules of this Board for a TSC license. Said designated individual must be the holder of a valid TSC, or TST license and must have a minimum of five (5) years of experience as such, at the time of application. Upon successful qualifications for a TSC license, the individual's original license shall be upgraded, and this TSC license number will be issued and certified to the firm or corporation.

7.The individual is the legitimate holder of the TSC license prior to certification to a firm or corporation. The license number is assigned to and considered in the possession of said individual. If the individual becomes the legitimate holder of a TSC license as a result of employment with and for a firm or corporation for the purpose of certification of said firm or corporation, the license number is considered in the possession of and assigned to the individual, but certified to the firm or corporation while so employed.

8.General contractors that are not licensed telecommunications contractors, TSC, shall not bid, solicit, or advertise for telecommunications work. They may solicit bids from Rhode Island Licensed Telecommunications Contractors.

9.All such interior wiring and/or transmission media shall be required to be installed, altered and/or serviced by the holder of a valid license as issued by the State of Rhode Island and Providence Plantations through this Board or, as provided by the enacting legislation, by such other licensing authority as noted under R.I. Gen. Laws § 5-70-7. Under no circumstance shall any person not so licensed, with the exception of the residing owner of a single family residence, be permitted to install, alter or service such wiring and/or transmission media.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Amendment — effective from 2003-12-25 to 07/30/2018
• EMERGENCY RULE Adoption — effective from 2003-09-03 to 12/25/2003
• Amendment — effective from 2003-01-07 to 09/03/2003
• EMERGENCY RULE Adoption — effective from 2002-09-11 to 01/07/2003
• Periodic Refile — effective from 2001-12-17 to 09/11/2002

260-RICR-30-15-11 § 11.6 Fees

A.Fees

Examination Fee:

$36.00

License/Renewal Fees:

TSC:

$120.00

TST:

$ 72.00

TSLI:

$ 36.00

Apprentice:

$ 24.00

Corporation/Partnership Fee:

$120.00

Duplicate/Lost License fee:

$12.00

Late renewal

$12.00 additional fee per month.

B.In the event that a payment for a license, registration, examination fee, or certificate issued under the provisions of R.I. Gen. Laws Chapter 5-70 is deemed improper for the reason of insufficient funds or closed account, said license, examination, registration, or certificate will be invalid until the person to whom the infraction has incurred submits the required license, registration, examination, or certificate fee plus a penalty of twenty-five percent (25%) of the original fee, in the form of a certified check or money order to the proper payee.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Amendment — effective from 2003-12-25 to 07/30/2018
• EMERGENCY RULE Adoption — effective from 2003-09-03 to 12/25/2003
• Amendment — effective from 2003-01-07 to 09/03/2003
• EMERGENCY RULE Adoption — effective from 2002-09-11 to 01/07/2003
• Periodic Refile — effective from 2001-12-17 to 09/11/2002

260-RICR-30-15-11 § 11.7 Enforcement

A.Authority

1.Pursuant to R.I. Gen. Laws § 5-70-8, the Board serves in an advisory capacity to the Rhode Island Department of Labor & Training, Division of Professional Regulation to assist the department in administering the day-to-day business in accordance with these regulations and R.I. Gen. Laws Chapter 42-35.

2.The Chief of the section shall act as an investigator with respect to the enforcement of all provisions of law relative to the licensing of telecommunications contractors, technicians and installers, and to this effect whenever a complaint is made by the chief of the section to the director of labor and training that the provisions of this chapter are being violated, the director of labor and training, or his/her designee may issue an order to cease and desist from the violation and impose penalties as provided in R.I. Gen. Laws Chapter 5-70 against the violator.

3.The violator may appeal the decision of the Director of Labor & Training as provided in R.I. Gen. Laws § 5-70-22.

4.Any matters not covered by these regulations or by the R.I. Gen. Laws Chapter 42-35 shall be referred to the Board for a determination, resolution or action, as appropriate. If any such matter requires immediate attention, it shall be referred to the Board Chairperson, or in his/her absence the Board Vice Chairperson, for a determination pending confirmation by the Board at the next regular meeting, or at a special meeting called for such purpose

B.Procedures

1.Right of entry is within the purview of the Department of Labor and Training, Professional Regulation official.

2.The following procedure shall apply in all cases of complaint made against a license holder, and all other matters that may be brought before the Board for its consideration and/or action:

a.All complaints, appeals and other matters submitted to the Board for consideration must be stated in writing.

b.A complaint must identify the license holder, by name or by license number, and must be signed by the complainant, including the complainants address and daytime telephone number. All complaints must state the pertinent facts of the complaint, including the nature of the complaint, the approximate date of occurrence and the effect on the complainant. Complaints do not have to be submitted on official forms in order to be considered by the Board or its' authorized representative.

c.Upon the receipt of a complaint, as stated above; the Board or its authorized representative shall contact the complainant, in writing or telephonically, for any additional statement in order to provide a clearer picture of the situation. All such contact shall be documented, and all such statements shall be made in writing or recorded electronically.

d.The Board, or its representative, will then contact the subject of the complaint, in writing, to inform him/her of the complaint and to obtain a written or electronically recorded statement as to his/her explanation relative to the specifics of the complaint. The subject of the complaint shall be allowed ten (10) working days time period to respond.

e.Upon obtaining the statements of both parties, the Board, or its agent, may attempt to mediate a resolution of the complaint between the two parties. If both parties are agreeable to a mediation, both parties shall sign a statement outlining the accepted mediation resolution.

f.Should all attempts to mediate the complaint, or the agreed to mediation resolution, not be complied with by either party, either party may request a formal hearing on the original complaint. All records regarding mediation shall become an official part of the formal hearing procedure.

g.The primary goal of this Board shall be to make every reasonable attempt to resolve complaints through mutually satisfactory agreement of both parties. Only after it becomes clear that no mutually satisfactory resolution is possible should enforcement action be instituted either in the form of a stipulation, consent order or default.

h.Should the Board rule in favor of the respondent (subject of complaint), a notice of such ruling may, after all appeal procedures have been exhausted by the complainant and at the option of the Board, be publicly published.

i.Should the Board rule in favor the complainant (party filing complaint), a notice of such ruling will, after all appeal procedures have been exhausted by the respondent, be publicly published.

3.Appeals of license action (Refusal to issue/renew; revocation annulment or suspension of license)

a.A licensee who is notified that they are subject to refusal to renew may, within fifteen (15) days of such notification, appeal such refusal to the Board of reconsideration, unless such refusal to renew is the result of enforcement action previously heard by the Board and to which all appropriate appeal procedures have been exhausted by the licensee, including action through the courts.

b.A licensee who is subject to an order of this Board for revocation, annulment or suspension and upon which such action has been stayed pending the resolution of appeal, must pay all fees due without respect to the stay in effect due to the appeal procedures. Any fees paid under such conditions shall be reimbursable, upon request, on a prorated basis upon final resolution of the appeal.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Amendment — effective from 2003-12-25 to 07/30/2018
• EMERGENCY RULE Adoption — effective from 2003-09-03 to 12/25/2003
• Amendment — effective from 2003-01-07 to 09/03/2003
• EMERGENCY RULE Adoption — effective from 2002-09-11 to 01/07/2003
• Periodic Refile — effective from 2001-12-17 to 09/11/2002

260-RICR-30-15-11 § 11.8 Interpretation

All requests for interpretations of rules and regulations by the board shall be submitted in writing to the Board through the Department of Labor & Training, Division of Professional Regulation. The Board shall render such interpretations within sixty (60) days from receipt by the board.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-30 to 01/04/2022
• Amendment — effective from 2003-12-25 to 07/30/2018
• EMERGENCY RULE Adoption — effective from 2003-09-03 to 12/25/2003
• Amendment — effective from 2003-01-07 to 09/03/2003
• EMERGENCY RULE Adoption — effective from 2002-09-11 to 01/07/2003
• Periodic Refile — effective from 2001-12-17 to 09/11/2002

Chapter 40 Income Support

Subchapter 05 Unemployment & Temporary Disability Insurance

260-RICR-40-05-1 Unemployment Insurance and Temporary Disability Insurance Programs

260-RICR-40-05-1 § 1.1 Authority

A.These rules and regulations are promulgated pursuant to R.I. Gen. Laws §§ 28-41-19 and 28-42-34, as amended.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.2 Employer Registration

A.Whenever an employing unit becomes newly subject to the R.I. Employment Security Act, R.I. Gen. Laws Chapters 28-42 through 28-44, or the R.I. Temporary Disability Insurance Act, R.I. Gen. Laws Chapters 28-39 through 28-41, it shall immediately inform the Director thereof in writing. On or before the tenth day next following the date upon which said employing unit has employed one or more individuals in employment, it shall file with the Department of Labor and Training, Form DET-TX-8, Application for Determination of Liability, or such other form(s) as may be required by these rules or the R.I. Employment Security Act or the R.I. Temporary Disability Insurance Act, containing all such information as indicated thereon.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.3 Interstate Reciprocal Coverage Agreement

A.This rule shall govern the Rhode Island Department of Labor and Training in its administrative cooperation with other States subscribing to the Interstate Reciprocal Coverage Arrangement, hereinafter referred to as “the Arrangement.”

1.Definitions as used in this Rule, unless context clearly indicates otherwise:

a.“Agency” means any officer, board, commission, or other authority charged with the administration of the unemployment compensation law of a participating jurisdiction;

b.“Interested jurisdiction” means any participating jurisdiction to which an election submitted under this rule is sent for its approval; and

c.“Interested agency” means the agency of such jurisdiction;

d.“Jurisdiction” means any State of the United States, the District of Columbia, the Virgin Islands, Puerto Rico, any Province of Canada or, with respect to the Federal government, the coverage of any Federal unemployment insurance law;

e.“Participating jurisdiction” means a jurisdiction whose administrative agency has subscribed to the arrangement and whose adherence thereto has not been terminated;

f.“Services ‘customarily performed’ by an individual in more than one jurisdiction” means services performed in more than one jurisdiction during a reasonable period, if the nature of the services gives reasonable assurance that they will continue to be performed in more than one jurisdiction or if such services are required or are expected to be performed in more than one jurisdiction under the election.

2.Submittal and approval of coverage elections under the Interstate Reciprocal Coverage Arrangement.

a.Any employing unit may file an election, on Form TX-36 to cover under the law of a single participating jurisdiction all of the services performed for him/her by any individual who customarily works for him/her in more than one participating jurisdiction. Such an election may be filed, with respect to an individual, with any participating jurisdiction in which any part of the individual’s services are performed; the individual has his/her residence; or the employing unit maintains a place of business to which the individual’s services bear a reasonable relation.

b.The agency of the elected jurisdiction (thus selected and determined) shall initially approve or disprove the election. If such agency approved the election, it shall forward a copy thereof to the agency of each other participating jurisdiction specified thereon, under whose unemployment compensation law the individual or individuals in question might, in the absence of such election, be covered. Each such interested agency shall approve or disapprove the election, as promptly as practical; and shall notify the agency of the elected jurisdiction accordingly. In case its law so requires, any such interested agency may, before taking such action, require from the electing employing unit satisfactory evidence that the affected employees have been notified of, and have acquiesced in, the election.

c.If the agency of the elected jurisdiction, or the agency of any interested jurisdiction, disapproves the election, the disapproving agency shall notify the elected jurisdiction and the electing employing unit of its action and of its reason therefor.

d.Such an election shall take effect as to the elected jurisdiction only if approved by its agency and by one or more interested agencies.

e.An election thus approved shall take effect, as to any interested agency, only if it is approved by such agency.

f.In case any such election is approved only in part, or is disapproved by some of such agencies, the electing employing unit may withdraw it selection within ten days after being notified of such action.

3.Effective Period of Elections

a.Commencement. An election duly approved under this Part shall become effective at the beginning of the calendar quarter in which the election is submitted, unless the election, as approved, specifies the beginning of a different calendar quarter. If the electing unit requests an earlier effective date than the beginning of the calendar quarter in which the election is submitted, such earlier date may be approved solely as to those interested jurisdictions in which the employer has no liability to pay contributions for the earlier period in question.

b.Termination

(1)The application of an election to any individual under this Rule shall terminate if the agency of the elected jurisdiction finds that the nature of the services customarily performed by the individual for the electing unit has changed, so that they are no longer customarily performed in more than one participating jurisdiction. Such termination shall be effective as of the close of the calendar quarter in which notice of such findings is mailed to all parties affected.

(2)Except as proved in § 1.3(A)(3)(a) of this Part, each election approved hereunder shall remain in effect through the close of the calendar year in which it is submitted, and thereafter until the close of the calendar quarter in which the electing unit gives written notice of its termination to all affected agencies.

(3)Whenever an election under this Part ceases to apply to any individual, under §§ 1.3(A)(3)(b)(1) or (2) of this Part, the electing unit shall notify the affected individual accordingly.

4.Reports and Notices by the Electing Unit

a.The electing unit shall promptly notify each individual affected by its approved election, on Form TX-36 supplied by the elected jurisdiction, and shall furnish the elected agency a copy of such notice.

b.Whenever an individual covered by an election under this Rule is separated from his/her employment, the electing unit shall again notify him/her, forthwith, as to the jurisdiction under whose unemployment compensation law his services have been covered. If at the time of termination the individual is not located in the elected jurisdiction, the electing unit shall notify him/her as to the procedure for filing interstate benefit claims.

c.The electing unit shall immediately report to the elected jurisdiction any change which occurs in the conditions of employment pertinent to its election, such as cases where an individual’s services for the employer cease to be customarily performed in more than one participating jurisdiction or where a change in the work assigned to an individual requires him/her to perform services in a new participating jurisdiction.

5.Approval of Reciprocal Coverage Elections

a.The authority to approve or disapprove reciprocal coverage elections rests with the Director.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.4 Meaning of Terms

A.The following words and phrases used in the Rhode Island Employment Security Act and the Temporary Disability Insurance Act and the Rules, forms, interpretations or other official matters issued by the Department of Labor and Training, shall, have the following meaning:

1.“Calendar quarter” means a period of three consecutive calendar months ending March 31, June 30, September 30, and December 31, or, in accordance with the weekly payroll plan of any employer, any period of three consecutive months ending within 6 days before or after March 31, June 30, September 30, and December 31.

2.“Lag payments” means as defined in R.I. Gen. Laws § 28-41-9: benefit payments for an individual who is unemployed due to sickness and is in receipt of benefits under said Act, who returns to work or recuperates from the illness or injury prior to the end of the immediately succeeding week, shall receive one-fifth (1/5) of his or her benefit rate for each day of unemployment due to sickness in which work is ordinarily performed in the occupation in which he or she is employed during the week in which he or she returns to work or recuperates from the illness or injury; provided, that in no case shall any individual be entitled to more than four fifths (4/5) of his or her benefit rate for that week.

3.“Qualified healthcare provider" or "QHP" or "Medical practitioner” means an individual licensed to practice medicine, surgery, dentistry, optometry, osteopathy and podiatry; also chiropractic and psychology within the scope of the individual’s practice as defined by applicable laws of Rhode Island, or of any other state of the United States, or any recognized foreign country or region; provided the Claimant supply reliable documentary evidence of the license to practice in any case in which the Director or his/her designee deems such evidence to be reasonably necessary. Additionally, upon the request of the Director or his/her designee, a Claimant using a QHP from a recognized foreign country or region will be required to provide documentary evidence necessary to validate the claim as referenced below in §§ 1.17(F) and 1.38(E) of this Part. “Qualified healthcare provider” or “QHP” or “Medical practitioner” includes, licensed clinical social workers, licensed independent clinical social workers, licensed nurse midwives, nurse practitioners, physician assistants and psychiatric clinical nurse specialists (PCNS) as the Director or his or her designee in his/her discretion may allow; provided, however, that the Director or his or her designee may require documentary evidence of the license to practice in any case in which he/she deems such evidence to be necessary.

4.“Sickness” means an individual shall be deemed to be sick in any week in which, because of his or her physical or mental condition, is unemployed, has been examined by a licensed Qualified Healthcare Provider and has been deemed to be functionally unable to perform his or her regular or customary work or services and is unable to attend classes or school. This includes attending clinical classes/training for specific programs following accepted and approved Medical Duration Guidelines, unless the classes or school and its demands or requirements are materially different from his or her regular or customary work or services.

5.“Valid claim” means for the purpose of establishing a benefit year for Temporary Disability Insurance benefits any claim for waiting period or benefit credits made by an individual unemployed because of sickness, who, during the individual’s base period, has been paid sufficient wages for employment by employers to meet the requirements set forth in R.I. Gen. Laws § 28-41-11.

6.“Week of unemployment due to sickness” means a calendar week as defined in the Act, during which an individual is unable to perform his/her regular or customary work because of sickness, as defined in R.I. Gen. Laws § 28-39-2(20).

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.5 Payroll Records

A.Every employing unit shall establish, maintain and preserve all payroll records for a period of at least four years from the date when taxes under the Employment Security and Temporary Disability Insurance Acts are due thereon, or the date such taxes are paid, whichever is the later. All such records shall be available at all reasonable times within this state for inspection by duly authorized representatives of the Director. Such payroll records shall, in addition to recording the name of the employing unit and place of employment, show the following data for each worker:

1.Name and address

2.Social Security Account Number

3.Rate of pay per hour, day or week and effective date of such rate

4.Number of hours worked by each employee during each week from date of accession to date of termination

5.Computation of gross wages earned for each payroll period showing separately:

a.Amount of money wages

b.Cash value of wages when payment is made in any medium other than cash

c.Commissions and special payments such as bonuses, gifts, tips, gratuities, dismissal wages, and the like, and the period for which such payments were made.

d.The amount of money paid to an employee as an allowance or reimbursement for traveling or other expenses attributable to business.

e.Time lost because the worker was not available for work during any part of his normal customary full-time hours in any calendar week.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.6 Posting of Notices

A.Every employing unit in the State of Rhode Island shall post and maintain printed notices of such form and design and in such numbers containing such information as the Director, Department of Labor and Training, may determine to be necessary to administer the Employment Security Act, R.I. Gen. Laws Chapters 28-42 through 28-44, and Temporary Disability Insurance Act, R.I. Gen Laws Chapters 28-39 through 28-41. Such notices shall be posted in conspicuous places where the workers’ services are performed.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.7 Contributions and Reports

A.All contributions with respect to employment required by law shall be made on a quarterly basis, and all reports relating thereto shall be made on forms supplied or approved by the Director. Such quarterly payments and reports shall be due on or before the last day of the calendar month next following the close of each calendar quarter, with exceptions set out therein below:

1.Any employer who shall fail to make such reports or to pay contributions when required by this Rule shall, at the discretion of the Director, immediately become liable to pay required contributions on a monthly basis. An employer who had transmitted contributions for twelve (12) consecutive months without delinquency and who is not indebted to the Department of Labor and Training for any previous contributions may, with the approval of the Director, revert to the quarterly basis contributions and reporting.

2.Whenever an employer desires to report and pay contributions on a monthly basis, a request for permission to do so shall be submitted to the Director in writing, and the Director may grant such request; provided, however, that until the written permission of the Director has been received, such employer shall continue to report and pay contributions on a quarterly basis.

3.Monthly reports and payments shall be due on or before the last day of the calendar month next following the month for which said report or contributions are required.

B.The Director may require contributions to be paid by certified or registered check, cash, or money order.

C.Whenever the day on which contributions are due falls on a Sunday or legal holiday, payment thereof shall be made on the next following business day.

D.The postmark affixed on the envelope enclosing the required contributions and reports shall determine the date of receipt thereof by the Director.

E.Notwithstanding the provisions of § 1.7(A) of this Part, the Director may require the monthly payment of contributions by all covered employers if such action would be beneficial to the financial position of the Employment Security Fund or the Temporary Disability Insurance Fund. Notice of such determination shall be given to such employers, and they shall immediately thereafter be required to make contributions and reports thereof on a monthly basis until the Director shall otherwise decree.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.8 Extended Benefit Work Search Requirement

A.Any individual claiming payment for any week of extended benefits shall maintain written evidence of a systematic and sustained search for work and will be required to submit this documentation at the request of the Director. Union workers who are members of a hiring hall are not exempt from the work search requirements while on State Extended Benefits and will be required to seek work outside of the hiring hall and provide a work search as indicated in the Department’s work search policy.

B.The work search must consist of a minimum of three (3) employer contacts during each week for which benefits are claimed. For union workers on Extended Benefits who are members of a union hiring hall, checking with the hiring hall may constitute one of the three required job search contacts per week. Records must be kept in accordance with the Department’s work search policy.

C.Work search records should contain the following information:

1.The name and address of the company,

2.The date you applied for work,

3.The manner by which you applied for work: in person, sent resume, via the internet, etc.,

4.The specific position and shift for which you applied, and,

5.A copy of your confirmation number or response from an employer if applying on-line and that information is available.

D.The number of contacts and the number of days on which the contacts are made should be increased as the period of unemployment lengthens and when labor market conditions warrant additional activity. No claimant, however, should be required to make an unreasonable search for work.

E.The claimant should keep copies of his/her work searches for a period of one year following the conclusion of the claim in the event the claim is audited by the Department.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.9 Cash Value Of Remuneration Otherwise Paid

A.Each employing unit required to report wages and make contributions for individuals in employment covered by the Employment Security Act, R.I. Gen Laws Chapters 28-42 through 28-44, or the Rules adopted thereunder, or each employing unit required to report wages and withhold and transmit contributions of individuals under any section of the Temporary Disability Insurance Act, R.I. Gen. Laws Chapters 28-39 through 28-41, or the Rules adopted thereunder, where such wages include remuneration paid in any medium other than cash (excepting meals or lodging) shall estimate and determine such remuneration at the fair market value thereof at the time such remuneration became payable.

B.The reasonable cash value of meals or lodging payable as part or all of the wages for personal services of individuals in employment by any employing unit shall be reported and contributions made thereon in accordance with the determination of such cash value resulting from an agreement entered into between the employing unit and such individuals; provided, however, that if the cash value so determined is less than the amounts in the schedule hereinafter set forth, then such schedule shall be used to determine the cash value of such remuneration; and provided, further, that the Director or his/her representative may set the amounts of such cash value based upon an investigation in individual cases.‎

C.In the absence of a bona fide agreement entered into in accordance with § 1.9(B) of this Part hereinabove between an employing unit and any individual in employment for the purpose of determining the cash value of meals and lodging, such cash value shall be determined in accordance with the following schedule:‎

Meals and Lodging

Weekly

$80.00

Meals

Per Week

$40.00

Meals

Less than one week

$2.00 per meal

Lodging

Per Week

$40.00

Lodging

Less than one week

$6.00 per day

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.10 Gratuities and Tips

A.The amount of tips and gratuities customarily received by an individual which is claimed by his/her employer as a credit against the minimum wage for such individual under the laws of the State of Rhode Island and the Rules applicable thereto, shall constitute wages of such individual and shall be reported as such; provided, however, that if in any week of employment the individual, in agreement with his employer shall certify that he/she has received tips and gratuities in an amount exceeding said credit, then such amount shall be reported on the regular quarterly reports required under § 1.7 of this Part. The said certification shall be retained by the employer and shall be kept with his/her payroll records and a copy shall be furnished to the employee; provided, further, however that if in any week of employment the employer and employee shall disagree on the amount of such tips and gratuities, the Director, or his/her authorized representative, shall determine the amount to be credited to tips and gratuities. The wages reported for any employee shall in no event be less than the minimum wage provided by law.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.11 Traveling and Business Expenses

A.When an employee, under a contract of hire, receives a commission or salary for personal services and the contract does not provide for an allowance or reimbursement for traveling or other business expenses incurred by the employee, then the total amount of commissions and salary must be reported as wages by the employer. Employer contributions must be made, and employee contributions withheld, on the total amount paid to the employee.

B.When an employee, under a contract of hire, receives from his/her employer allowances or reimbursement for traveling or other business expenses incurred by said employee in furthering the business of his/her employer, which are in excess of the actual expenses incurred and accounted for by receipt or voucher submitted by the employee to his employer, such excess amounts are to be considered as wages paid by the employer to the employee for services rendered, and such amounts must be included in all reports of wages paid for the required reporting periods. Employer contributions must be made, and employee contributions withheld, on the basis thereof for those periods during which they were received.

C.All payments made by an employer to an employee, as an allowance or reimbursement for traveling or other business expenses, must be recorded in the books of the employer in a separate expense account maintained for each employee receiving the same.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.12 Adjustments

A.When an error in computing, reporting or paying contributions for any reporting period has been discovered, either by an employer or by the Director, an appropriate adjustment of the account shall be made following documentation of the error; provided, however, that if such error shall be discovered by an employer, he/she hall promptly notify the Director thereof.

B.If such error results in an underpayment of contributions, the employer shall receive a statement of account indicating the amount of such underpayment, and shall forward such amount immediately upon receipt of the statement.

C.If such error results in an overpayment of contributions, upon verification, the Director shall immediately refund the overpaid amount. If the error is discovered by the employer, he/she shall request such refund in writing and shall provide documentation of the payroll figures for the period in question.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.13 Estimate of Amount of Taxable Wages For Period Not Reported By An Employer

A.If any employer shall have failed to report his/her taxable wages for any period during the twelve (12) months ending on any June 30, as required under R.I. Gen. Laws § 28-43-7.1, the Director shall, prior to the next succeeding October 31 estimate the amount of taxable wages for such period. Such estimate shall be used for experience rating purposes. As a basis for such estimate, the Director may use any information available in the Department files, including reports filed for any period within the twelve (12) months immediately preceding the beginning of the period for which such estimate is made.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.14 Termination of Accounts

A.No employer’s account with the Rhode Island Department of Labor and Training shall be terminated unless and until the employer has provided the following:

1.A completed Termination of Account form.

2.Any and all completed quarterly tax forms.

B.Any employer who terminates a business shall provide a completed Form DET- TX-17, Quarterly Tax and Wage Report, to the Department within ten (10) days of the termination.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.15 Transfer of Assets

A.Every employing unit, immediately upon becoming the transferee or purchaser of a substantial part of the assets of any business from a previous owner, whether by sale, lease, merger, consolidation, reorganization, or otherwise, shall report such transfer and the date when it takes place, in writing to the Director. Such report must be received by the Director within ten (10) days of the date such transfer becomes effective.

B.Every executor or administrator of the estate of a deceased person who at the time of death was an employing unit, shall notify the Director, in writing, concerning:

1.the date of death of such person, and

2.the date upon which such executor or administrator qualified.

C.Such report must be received by the Director within ten (10) days after the date of qualification.

D.Every custodian, guardian, receiver, trustee in bankruptcy, and other person designated by order of any court of competent jurisdiction within the State of Rhode Island to assume control of the assets of any employing unit, shall immediately notify the Director, in writing, concerning:

1.the date of such order, and

2.the provisions thereof.

E.Such report must be received by the Director within ten (10) days of the promulgation of such order.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.16 Revocation Hearing Procedure Under R.I. Gen. Laws § 28-42-63.1

A.Rules of Practice and Procedure

1.Appearance and Practice. ‎Any attorney-at-law or any person authorized by law to practice accountancy may represent any employer in any hearings or other proceedings before the Director. Such person must officially enter his or her appearance with the Director.

a.Any person may appear and act for himself or herself, or for a partnership of which he or she is a member, or for a corporation of which he or she is an officer, or for an association or other organization of which he or she is a member or official, and being duly authorized by such association or organization to represent it, in any hearings or other proceedings before the Director.

b.Notice of any change of attorney, accountant, or other duly authorized representative, shall be given promptly to the Director. Said notice of change or withdrawal must be consented to by the employer in writing.

2.Form and Style of Papers.

a.All papers filed with the Director shall be either printed or typewritten, and if typewritten shall be on white paper of the usual legal size (8-1/2" x 14") or the usual letter size (8-1/2" x 11") and shall be clearly legible.

3.Continuances of Hearings.

a.When notice of hearing has been sent to an employer and his or her representative, if known, the date assigned may be postponed at the discretion of the Director for good cause shown.

b.If the tax has been paid, continuances as requested will be freely made. Otherwise, inordinate delays will be cause for refusal of continuances, and the hearing will proceed as scheduled, with or without the presence of the employer or his or her representative.

4.Scope of Hearing.

a.Hearing Officers to Hear Case.

(1)Hearings shall be conducted by a hearing officer appointed by the Director who shall have authority to examine witnesses, to rule on motions, and to rule upon the admissibility of evidence. He or she shall have the authority to continue or recess any hearing, to keep the record open for the submission of additional evidence, and to make recommendations to the Director. If for any reason, a hearing officer cannot continue on a contested case, another hearing officer will become familiar with the record and perform any function remaining to be performed without the necessity of repeating any previous proceedings in the case.

b.Conduct of Hearing.

(1)The hearing shall be convened by the hearing officer, appearance shall be noted, any motions or preliminary matters shall be taken up, and then each party shall have opportunity to present its case generally on an issue by issue basis, by calling and examining witnesses and introducing documentary evidence. The Department of Labor and Training shall first present its case followed by presentation of the employer’s case. Each party shall also have opportunity to cross-examine opposing witnesses on any matter relevant to the issue. Any objection to testimony or evidentiary offers should be made, and the basis of the objection stated. The hearing officer may question any party or any witness for the purpose of clarifying his or her understanding or to clarify the record. Proceedings are not open to the public.

c.Oral Evidence, Witnesses, and Penalty for False Statements.

(1)Any party may request a hearing officer to subpoena witnesses or the hearing officer may do so on his or her own motion. A hearing officer may require the parties in a case to indicate the persons they expect to call as witnesses. The testimony of witnesses shall be made under oath or affirmation and the making of false statements may subject a person to criminal prosecution under R.I. Gen. Laws Chapter 11-33-1, as amended.

d.Requests for Subpoena Duces Tecum.

(1)Any party may request a hearing officer to issue a subpoena duces tecum or the hearing officer may do so on his or her own motion. Said request shall set forth, in detail, the information sought, the relevance thereof, and the reasonableness of the scope of the subpoena. The party requesting the issuance of said subpoena shall have the burden of showing the relevance and reasonableness of the scope of the subpoena. A subpoena duces tecum may be quashed after its issuance if it is subsequently determined that the matters sought to be adduced are not relevant or the subpoena is not reasonable in scope.

e.Ex Parte Communications.

(1)There shall be no verbal communications with the hearing officer regarding any issue of fact or law in a case, without notice and opportunity for all parties to participate and there shall be no written communications that are not transmitted at the same time to all parties, except that an individual involved in rendering the decision in a case may communicate ex parte with employees of the agency who have not participated in any hearing in the case for the purpose of utilizing their special skills or knowledge in evaluating the evidence.

5.Agreed Statement of Facts.

a.The parties may, by stipulation in writing, filed with the Director, agree upon any facts involved in any request for hearing. Where an agreed statement of facts is contemplated, a proposed statement shall be submitted on behalf of the employer well in advance of the hearing date. To the extent that all the facts are not agreed upon, testimony or exhibits may be presented at the oral proceedings. If for any reason the parties are unable to reach agreement on the facts prior to the scheduled date of the hearing, the oral proceedings shall go forward as scheduled without further notice to the parties unless postponed in accordance with these regulations.

6.Transcript of Oral Proceedings.

a.All proceedings before the hearing officer will be electronically recorded and shall be available for the use of either party by request to the hearing officer. No other electronic recording devices will be allowed in the hearing room.

7.Upon the completion of the hearing, the hearing officer shall promptly render a decision and each party shall be furnished a copy of the decision.

8.All decisions of the Director may be appealed in accordance with R.I. Gen. Laws § 28-43-14.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.17 Filing of Claims For Temporary Disability Insurance Benefits

A.Every individual who files a claim under the provisions of the Rhode Island Temporary Disability Insurance Act shall file such claims in writing, or otherwise as the Director may prescribe.

B.Every otherwise eligible claimant who files a claim for benefit credits shall be entitled to such for each week of unemployment due to sickness only if:

1.He/she is examined by a licensed Qualified Healthcare Provider, as defined by the Director, within the calendar week in which the first day of unemployment due to sickness occurs or within the calendar week prior or subsequent thereto; provided, however, that for good cause as shall be determined by the Director, an examination by a licensed Qualified Healthcare Provider within any other period may be considered as having been made within the period herein set forth.

2.The notice of the claim for benefits is mailed, delivered or otherwise sent to the Department of Labor and Training.

C.There shall be no determination made of the validity of a claim to waiting period or benefit credits unless the claimant’s attending licensed Qualified Healthcare Provider shall have certified, on a form having his/her signature, to the inability of the claimant, due to sickness, to perform his/her regular or customary work; provided, however, that the Director or his/her authorized representative may for good cause, as determined by the Director, permit such determination without such signature.

D.Whenever an individual is physically or mentally incapable of filing or continuing a claim for benefits under the Rhode Island Temporary Disability Insurance Act, R.I. Gen. Laws Chapters 28-39 through 28-41, the Director, or his/her authorized representative, may appoint, upon request made prior to the death of such individual, an agent in fact to act for and in behalf of such individual for the purpose of filing and continuing claims and receiving temporary disability benefits; provided, however, that no such agent in fact shall be appointed unless and until he/she shall present a power of attorney or such other affidavit or evidence of responsible relationship to the individual for whom he/she is to act, as may be required by the Director or his/her authorized representative, together with a licensed Qualified Healthcare Provider's certificate stating the physical or mental incapacity of the individual to act for himself/herself; provided, further, however, that in the discretion of the Director, or his/her authorized representative, a bond, or such other lawful surety, may be required up to and including the total amount of benefit credits which may be available to the individual.

E.Whenever an otherwise eligible claimant shall die before filing a claim, such claim may be filed in his/her behalf by the duly appointed executor, or administrator, as the case may be, upon receipt by the Director of a certified copy of such appointment, together with an application for the payment of such benefits.

F.In the discretion of the Director, or his/her authorized representative, a claimant may, at any time, be required:

1.To submit to the Department of Labor and Training, medical or laboratory reports, transcripts of hospital records, affidavits, certificates, evidence of separation from or accession to employment, or any other type of documentary evidence, and

2.To undergo examination by an impartial licensed Qualified Healthcare Provider appointed and compensated by the Department of Labor and Training; provided, however, that if a claimant shall fail or refuse to submit such evidence when requested, or shall fail or refuse to under examination by such impartial licensed Qualified Healthcare Provider, unless such failure or refusal shall be based on good cause, as shall be determined by the Director, such failure or refusal shall be deemed to be prima facie evidence of an inability to meet the eligibility requirements with respect to proof of sickness.

G.New claims filed with a Benefit Year Begin Date of July 1, 2012 or later will not be required to serve a nonpaid waiting period week. Claims filed with a Benefit Year Begin Date prior to July 1, 2012 will be required to serve a non-paid waiting period week. Claimants are still required to be certified by a Qualified Healthcare Provider to be out of work, due to the illness/injury for seven (7) consecutive days or longer to be eligible for benefit payments.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.18 Filing Of Claims For Unemployment Insurance Benefits

A.Every individual who wants to file a claim for waiting period credit or benefits shall contact the Department’s Call Center utilizing the telephone or by any other method prescribed by the Director. Said individual shall:

1.Have in their possession his/her social security card with a valid social security number.

2.File the claim in accordance with the procedures, methods and on forms as prescribed by the Director.

3.Register for work and make themselves available for Profiling Services as prescribed by law with the Employment Service.

B.A “valid claim” for the purpose of establishing a benefit year shall mean any claim for waiting period or benefit credits made by an unemployed individual who, during the individual’s base period, has been paid sufficient wages for employment by employers to meet the requirements set forth in R.I. Gen. Laws § 28-44-11 and appropriate § 1.18 of this Part in effect at the time.

C.The effective date of a new valid claim or additional claim shall be established as the Sunday of the week in which the individual contacts the Department and files a claim in accordance with procedures described by the Director. Any individual who fails without good cause to contact the Call Center in accordance with these provisions shall not be eligible to receive benefits for the week(s) in which such failure occurs.

D.Every individual claiming weekly benefits shall contact the Department’s Call Center utilizing the Automated Telephone Payment System or Online/Internet Payment Application, or submit a written payment certification form to the Department’s Call Center, or by any method prescribed by the Director. Upon each contact with the Department for said benefits; the individual shall have their Social Security Account Number, Personal Identification Number (PIN), claims information and other pertinent documents necessary to complete the transaction.

E.Whenever an otherwise eligible individual who has already served a waiting period for the benefit year during which he/she claims benefits shall contact the department’s Call Center to refile or reopen a claim for benefits during a week of total or partial unemployment, the effective date of said claim shall be established as the Sunday of the week in which the individual contacts and refiles or reopens his/her claim in accordance with procedures prescribed by the Director. Any individual who fails without good cause to contact the Call Center in accordance with these provisions shall not be eligible to receive benefits for the week(s) in which such failure occurs.

F.Every claimant shall make such personal efforts to find suitable work as are customarily made by persons in the same occupation or in any other occupation for which the claimant is reasonably suited, commensurate with current economic conditions. These efforts include but are not limited to:

1.registering for work with the Employ RI,

2.conducting an active, independent work search with at least three (3) work search contacts in each week that benefits are claimed and maintain a written record of the work search,

3.submitting a weekly work search to the department as prescribed by the director and as indicated in the Department of Labor and Training’s guidelines for an active and independent search for work. The following information must be included in the record about each contact:

a.The name and address of the company

b.The date you applied for work

c.The manner by which you applied for work: in person, sent résumé, via the internet, etc.,

d.The specific position and shift for which you applied, and

e.A copy of your confirmation number or response from an employer if applying on-line and that information is available.

4.posting a resume on the Employment Services’ online job seeker tool kit and inquiring upon any job opportunities presented by the department,

5.completing a skills review or similar activity through Employment Service as prescribed by the Director, and

6.registering on the Virtual Recruiter or similar tool through Employment Service as prescribed by the Director.

G.The Director has discretion in determining whether to require one or all activities identified in §§ 1.18(F)(4), (5), and (6) of this Part. Furthermore, the department is an equal opportunity service provider. Accordingly, the Director has discretion to afford claimants alternative means for satisfying the above requirements if the Director finds that the claimants are Limited English Proficiency (LEP) individuals and/or qualified individuals with a disability as defined by federal and state law.

H.In addition to the above activities identified in § 1.18(F) of this Part, all individuals will make themselves available for Profiling Services when offered, provided, however, that no claimant shall in order to establish his/her availability be required to perform any unreasonable act in seeking work to pursue a search which has no definite expectation that it would result in re-employment. The Department of Labor and Training shall provide every claimant with written guidelines for an active and independent search for work. Individuals who qualify for a work search waiver under § 1.36 of this Part will also qualify for a waiver from the additional activities listed above.

I.Any individual who fails to contact the department utilizing the Telephone Automated Payment System or Online/Internet Payment Application, or who fails to contact the Department for their scheduled telephone interview, or who fails to contact the department by any other method prescribed by the Director, or who fails to return to the department’s Call Center the mail payment certification form by the end of the week following the week or weeks requested, shall not be eligible to establish credit for a waiting period or to receive benefits for the week or weeks during which such failure occurs, unless the reason for such failure is based upon good cause as shall be determined by the Director.

J.An individual who fails to contact the department’s Call Center, during a week succeeding a week in which the individual did make proper contact to the Department of Labor and Training, shall not be barred from establishing a waiting period or receiving benefits for such week in which he/she did make proper contact; provided, however, that the individual must establish ability to work and availability for work for such week and provided, further, that no claim shall be valid unless the individual makes proper contact not later than thirty (30) days subsequent to the termination of the benefit year in which the week for such claim occurs.

K.An individual who fails to report for an adjudication appointment with the Department of Labor and Training, when notified of an appointment, shall be denied benefits for the week in which such failure occurs unless the reason for such failure to comply with the Department’s requirements is based upon good cause as shall be determined by the Director.

L.An individual who fails to report as notified by the Department of Labor and Training shall be denied benefits beginning with the week in which such failure occurs and until the individual complies, unless the reason for such failure to comply with the Department’s requirements is based upon good cause as shall be determined by the Director.

M.An individual who fails to provide any documentation requested by the Department or fails to comply with an instruction given by the Director or his/her designee shall be denied benefits for the week(s) in which such failure occurs and until the individual complies unless the reason for such failure to comply with the Department’s requirements is based upon good cause as shall be determined by the Director.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.19 Wage and Employment Reports – T.D.I.

A.Whenever an individual files a claim for waiting period credit and/or benefits, the Director shall forward a Claimant Employment Report containing the individual’s name, social security number and last day of work to the individual’s most recent employer.

B.The employer shall return such completed report to the Department. The completed report shall contain the following information:

1.The reason for the individual’s separation from employment.

2.The last date the individual actually performed services prior to his/her disability.

3.Whether or not the individual has returned to work following the period of disability and, if so, the date of return.

4.If applicable, the name of the employer’s Workers’ Compensation insurance carrier.

5.Any discrepancy in the individual’s name or social security number from those shown on the form.

C.Whenever an individual files a claim for waiting period credit and/or benefits and such individual’s base period earnings are not on file, the Director shall forward an employee Wage and Employment Report to the employers for whom the individual has worked during his/her base period. The report shall contain the individual’s name and social security number and the time period for which wage information is needed.

D.The employer shall return such completed report to the Department. The completed report shall contain the following information:

1.The gross wages earned by the individual during the time period indicated on the report.

2.The last date the individual actually performed services prior to his/her disability.

3.The reason for the individual’s separation from employment.

4.If applicable, the name of the employer’s Workers’ Compensation insurance carrier.

5.The employer’s Rhode Island Employer Registration Number.

6.Any discrepancy in the individual’s name or social security number from those shown on the form.

E.Any employer who fails to complete and return either of the reports referred to in §§ 1.19(A), (C) or (D) of this Part within five working days of the mailing dates indicated on the form shall be deemed to have violated the reporting requirements of R.I. Gen. Laws Chapters 28-39 through 28-41.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.20 Wage and Employment Reports – U.I.

A.Whenever an individual files a claim for waiting period or benefits, the Director shall forward a notice of claim filed and termination report to the last separating employer and any base period employers.

B.The employer shall return the form with the following information:

1.The last date the worker actually performed services.

2.Whether or not the claimant had four weeks of work preceding the separation in which the claimant earned at least twenty times the minimum hourly wage in each of the four weeks.

3.Wage information, whether it be quarterly or weekly, if requested.

4.The reason for unemployment.

5.The expected return to work date, if any.

6.Pension information if the claimant is receiving a company pension or payments under any other type of company retirement plan.

7.Vacation information if the separation is due to a personal vacation and/or an official vacation shutdown.

8.Severance and/or dismissal pay amount and the number of weeks that the severance and/or dismissal pay represent.

C.Whenever an individual refiles a claim, the Director shall forward a form requesting the separating employer to provide the reason for the individual’s separation and last date of employment. The failure of any employer to complete and return such report within the time limit set forth in accordance with R.I. Gen. Laws § 28-44-38(c) of the Act shall be considered a representation on the part of the employing unit that the individual was not separated from employment for any reason or any circumstances on the basis of which such individual could be disqualified under the provisions of the Act, and a further representation that the individual did not work for the employer beyond the date indicated on the report.

D.Any employer who fails to complete and return wage and termination reports within the time limit set forth in accordance with R.I. Gen. Laws § 28-44-38(c) of the Act shall be deemed to have violated the reporting requirements of this Section. Any employer who fails to return the notice within that time shall pay a penalty of twenty-five dollars ($25) for each failure.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.21 Affidavit in Lieu of Wage and Termination/Employment Report

A.After an individual has filed a claim for benefits and the employer(s) has failed within a reasonable time as determined by the Director to return the required wage and termination/employment report(s), the individual may file an affidavit with the Department of Labor and Training setting forth the following information:

1.The name and address of any employer for whom the individual performed services for wages during his/her base period.

2.The total wages earned by the individual during the base period from each such employer.

3.The beginning and ending dates of the individual’s employment from each such employer.

4.The reason for the individual’s separation from employment from each such employer.

5.Such other information as may be required by this Part or the Employment Security Act, R.I. Gen. Laws Chapters 28-42 through 28-44, or the Temporary Disability Insurance Act, R.I. Gen. Laws Chapters 28-39 through 28-41.

B.Such affidavit shall be supported when possible by payroll receipts, check stubs, internal revenue forms, or such other documents, forms, or papers, which substantiate in whole or in part the information set forth in said affidavit.

C.When such affidavit and evidentiary documents have been submitted, the Director shall determine whether or not the employer named therein is subject to the Act. If it is found that such employer is subject to the Act, the wage information as contained in said affidavit shall be accepted and the claim shall thereupon be processed in the same manner as all other claims: provided, however, if it shall subsequently be determined that the individual was not entitled to any benefits or to a lesser sum of benefits than received, the individual shall be required to repay such excess in accordance with the Act and Rules in effect.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.22 Vacation Pay

A.When an individual meets the eligibility requirements as set forth in R.I. Gen. Laws § 28-44-21 for the receipt of waiting period credit or benefits during a bona-fide vacation period at the establishment in which the individual was employed, any vacation pay received for such period shall be allocated as follows:

1.If the total amount received is less than or equal to his/her average weekly wage, such amount shall be apportioned to the first week of unemployment during such vacation period.

2.If the total amount received is more than his/her average weekly wage, such amount shall be apportioned to each week of unemployment during such vacation period in such a manner that no more than an amount equal to his/her average weekly wage will be apportioned to any one week; provided, however, that where vacation pay is paid on the basis of a contract designed to give the employee a week’s pay for each week of vacation, such amounts may be substituted for the “Average Weekly Wage.”

a.The term “Average Weekly Wage” as used in this Part means the average straight time weekly earnings exclusive of bonuses or overtime during an employee’s last four weeks of employment immediately preceding his/her vacation period.

3.Vacation pay will be allocated as indicated in the two preceding Subsections even though the claimant has been separated by the employer prior to the last working day preceding the vacation period except as follows:

a.The employer has discontinued operations in whole or in part on a permanent basis.

b.The claimant has permanently retired.

c.The claimant has been separated by two weeks or more prior to the start of the vacation period.

B.Upon request of the Director, an employer shall furnish information regarding the individual’s total amount of vacation pay, the dates of the vacation period prescribed, and the individual’s average weekly wage.

C.If the claimant is not unemployed during a bona fide vacation period as described in R.I. Gen. Laws § 28-44-21, and is not unemployed due to a request on his/her part for a vacation, the vacation pay shall be considered as wages received by the individual and shall be allocated to the last day of work.

D.If the employer pays the claimant excess vacation pay which is not in conjunction with an official vacation period shutdown, this vacation pay shall be considered as wages allocated to the last day of work.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.23 Waiting Period Credit and Benefits For Total and Partial Unemployment

A.Pursuant to R.I. Gen. Laws § 28-44-14, every otherwise eligible individual who is totally unemployed shall be deemed to have established the first day of the required seven (7) day waiting period as of the Sunday of the calendar week in which the individual filed a claim on the Department of Labor and Training’s online website or contacted the Department of Labor and Training’s Call Center to file a claim. To receive a waiting period as provided in this paragraph, an individual must have filed a claim for such waiting period in accordance with the requirements of § 1.18 of this Part.

B.Any otherwise eligible individual claiming a waiting period based on partial unemployment, as defined in R.I. Gen. Laws § 28-42-3 of the Employment Security Act, may file his/her claim within a period of twenty-nine (29) days after the receipt of appropriate notice from the employer of the amount of wages earned with respect to such week of partial unemployment. The waiting period shall be deemed to have been effective as of the Sunday of the week in which the claim is filed provided that the individual files the claim in accordance with § 1.18 of this Part, and grosses less than his/her benefit rate.

C.For good cause shown, an individual who failed to file a claim for a waiting period or benefits based on partial unemployment within the time limit set forth in § 1.23(B) of this Part, above, shall be permitted to file such claim at any time thereafter, but in no case subsequent to a thirty (30) day period after the end of the benefit year during which the period of partial unemployment occurred.

D.Every employing unit shall furnish written evidence of the amount of gross wages earned to each individual who worked within any calendar week less than the normal, customary, full-time hours. Such evidence shall include the following information:

1.The individual’s name and social security number

2.The name and address of the employing unit

3.The week-ending date of the calendar week involved

4.The number of hours worked within said week

5.The gross wages earned for such period, and

6.An entry indicating “unavailable” when the individual worked less than full time although there was more work available.

E.If an individual has been partially unemployed due to lack of work for seven (7) consecutive days, within two (2) calendar weeks, the employing unit shall, upon request, furnish written evidence specifying:

1.The exact days of unemployment

2.The amount earned on each day worked, and

3.That the unemployment was due to lack of work.

F.Any individual who claims a waiting period or benefits based on partial unemployment shall present to the department’s Call Center the evidence required to support the claim. However, nothing contained in this Part shall prevent the establishment of a waiting period or the payment of benefits based on partial unemployment because of the failure or refusal by the employing unit to supply the individual with the required evidence. In such case the waiting period may be established and benefits may be paid on the basis of such other evidence as the Director may obtain; provided, however, that the claim is filed in accordance with the provisions of this Rule as set forth herein above.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.24 Dependents’ Allowance

A.At the beginning of a benefit year, each individual who makes a claim for Dependents’ Allowance(s), as provided for in R.I. Gen. Laws §§ 28-44-6(B) or 28-41-5(B), shall establish to the satisfaction of the Director that he/she shall have contributed to the support of each dependent.

B.While the claimant who first established a current benefit year is in receipt of benefits, including dependents’ allowances, for any week or weeks of unemployment during the said benefit year, no other claimant shall be entitled to a dependents’ allowance for the same dependent for any such week.

C.Any individual claiming dependents’ allowance must supply the dependents’ date of birth, dependent’s social security number, and any other information the Director specifies to verify the claim for dependency. Dependents must have a birth date prior to the claim’s Benefit Year Begin date.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.25 Payment for Benefits for Interstate Claimants

A.This Rule shall govern the RI Department of Labor and Training in its administrative cooperation with other states adopting a similar Rule for the payment of benefits to interstate claimants.

B.Definitions‎As used in this Rule the following terms shall have the following meanings, unless the context clearly requires otherwise:

1.“Agent state” means any State in which an individual files a claim for benefits from another State or States.

2.“Benefits” means the compensation payable to an individual, with respect to his/her unemployment, under the unemployment insurance law of any State.

3.“Interstate benefit payment plan” means the plan approved by the Interstate Conference of Employment Security Agencies under which benefits shall be payable to unemployed individuals absent from the State (or States) in which benefit credits have been accumulated.

4.“Interstate claimant” means an individual who claims benefits under the unemployment insurance law of one or more liable States through the facilities of an agent State. The term “interstate claimant” shall not include any commuter; provided, however, that the RI Department of Labor and Training may, by arrangement with any adjoining State Employment Security Agency, treat certain commuters as interstate claimants if they reside in geographical areas from which the liable State finds that requiring commuters to file their benefit claims in the State of their last employment would cause undue hardship to such claimants. As herein used, the term “commuter” applies to each individual who, customarily commuted from his/her residence in the agent State to his/her work in the liable State.

5.“Liable state” means any State against which an individual files, through another State, a claim for benefits.

6.“State” includes Puerto Rico, Virgin Islands and the District of Columbia.

7.“Week of unemployment” includes any week of unemployment as defined in the law of the liable state from which benefits with respect to such week are claimed.

C.Registration for Work

1.Each interstate claimant shall be registered for work, through any public employment office in the agent State when and as required by the law, rules, and procedures of the agent State. Such registration shall be accepted as meeting the registration requirements of the liable State.

2.Each agent State shall duly report, to the liable State in question, whether each interstate claimant meets the registration requirements of the agent State.

D.Benefit Rights of Interstate Claimants

1.If a claimant files a claim against any State, and it is determined by such State that the claimant has available benefit credits in such State, then claims shall be filed only against such State as long as benefit credits are available in that State. Thereafter, the claimant may file claims against any other State in which there are available benefit credits.

2.For the purposes of this Part benefit credits shall be deemed to be unavailable whenever benefits have been exhausted, terminated, or postponed for an indefinite period or for the entire period in which benefits would otherwise be payable, or whenever benefits are affected by the application of a seasonable restriction.

E.Claims for Benefits

1.Claims for benefits or waiting period shall be filed using the Call Center telephone system, or Internet system, or any other system that the Director prescribes and in accordance with §§ 1.18 and 1.28 of this Part.

2.Claims shall be filed by contacting the department’s Call Center, in local offices, or by mail in accordance with agent State rule for interstate mail claims.

F.Extension of Interstate Benefit Payments to Include Claims Taken in and for Canada

1.This Part shall apply in all its provisions to claims taken in and for Canada.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.26 Application of Funds – Partial Payment by Employers

A.Whenever an employer becomes liable for overdue contributions and is assessed interest and/or penalties for one or more taxable periods and partial payment is tendered and accepted by the Director, such payment will be applied in the following order:

1.to penalties assessed due to the late filing of reports, or the late or non-payment of E.S. contributions.

2.to interest assessed due to the late or non-payment of E.S. contributions.

3.to E.S. contributions outstanding.

4.to penalties assessed due to the late filing of reports, or the late or non-payment of T.D.I. contributions.

5.to interest assessed due to the late or non-payment of T.D.I. contributions.

6.to T.D.I. contributions outstanding.

7.to penalties assessed due to the late or non-payment of J.D.F. contributions.

8.to interest assessed due to the late or non-payment of J.D.F. contributions.

9.to J.D.F. contributions outstanding.

B.Whenever contributions, penalties and/or interest are due for more than one taxable period the earliest period will be paid in full, in the order specified in § 1.26(A) of this Part, before any monies are applied to the next earliest period.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.27 Wage Record Reporting 1.27 Wage Record Reporting {#sec-260-ricr-40-05-1-1.27-wage-record-reporting omnilex-key=us-ri-regs-official--title-260--260-RICR-40-05-1#1.27 Wage Record Reporting}

A.All employers are required to report their employee wages on the Quarterly Tax and Wage Report (DET-TX-17). Employers must enter the social security number, name, the total number of weeks for which the employee received pay during the quarter, the total number of hours for which the employee received pay during the quarter and total wages paid to each employee during the quarter in the Wage Report Section of the form. Alternate methods of reporting, such as computer reports, diskettes, or compact discs (CDs) may be used, subject to the approval of the Director. Employers who have twenty-five (25) employees or more are required to file electronically.

B.Payroll service providers who provide payroll services to twenty (20) or more clients are required to file Quarterly Tax and Wage Reports (DET-TX-17) for their clients electronically.

C.These reports must be submitted by the last day of the month following the end of each calendar quarter.

D.All employers will be required to report the hours and weeks worked information beginning with the filing of the Quarterly Tax and Wage Report (DET-TX-17) for fourth quarter 2007, which is due on or before January 31, 2008.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.28 Automated Telephone Payment System

A.Once the claimant has established a valid claim as prescribed under § 1.18 of this Part, in accordance with the procedures as prescribed by the Director, and in accordance with inclusive of the R.I. Gen. Laws Chapter 42-44, shall claim weekly benefits in the following manner:

1.The claimant must call the Department of Labor and Training to establish a Personal Identification Number (PIN).

2.Commencing with 12:01 AM of the Sunday immediately following the compensable week ending date for which an individual is claiming benefits, he/she shall utilize the Department’s Automated Telephone Payment System, or Online/Internet Payment Application, or by any method prescribed by the Director to request benefits.

3.Each claimant requesting benefits will provide their social security number, benefit year ending date, and Personal Identification Number (PIN).

4.The claimant will be required to answer questions, as prescribed by the Director, to establish their availability and continuing eligibility for benefits for the week in question.

B.Each claimant is responsible for establishing and activating their own Personal Identification Number (PIN)

1.It is the responsibility of the claimant to safeguard this number and must not release it to anyone for any purpose. The PIN is the claimant’s electronic signature meant to identify the claimant to the Automated Telephone Payment System or Online/Internet Payment Application, so that proper payment can be authorized.

2.If this PIN becomes lost or known to another person, it becomes the responsibility of the claimant to immediately contact an authorized representative of the Department of Labor and Training’s Call Center in order to delete the PIN so that a new PIN can be authorized by the claimant alone.

3.The claimant is responsible for all payment authorized utilizing his/her PIN through the Automated Telephone Payment System or Online/Internet Payment Application.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.29 Holiday Pay

A.Holiday Pay issued by an employer will be:

1.Considered wages under R.I. Gen. Laws § 28-42-3(29) and will be used in the base period when computing a claim.

2.Deducted from the gross earnings during the week in which the holiday occurs and prior to computing a weekly benefit amount or recording a waiting period, if the individual performed work on the holiday. Wages for work performed on the holiday shall be deducted from an individual’s weekly benefit rate in accordance with R.I. Gen. Laws § 28-42-3(26)(ii).

3.Considered for a holiday under R.I. Gen. Laws § 28-44-61 if the holiday is a declared holiday under R.I. Gen. Laws § 25-1-1.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.30 TDI Partial Return to Work and Earnings Offset

A.Any individual who is in partial return to work status and is collecting Temporary Disability Insurance (TDI) partial return to work benefits is required to report all wages earned in employment for the compensable week in which they are claiming partial benefits. Wages will include: any wages earned and/or received, including any sick pay, vacation pay or supplemental wages and/or salary. If the person earns less than their weekly benefit amount (WBA), they can keep the first twenty percent (20%) of their weekly benefit amount without any penalty. Any wages earned (as defined above) that exceed twenty percent (20%) of their WBA, will be deducted (offset) dollar for dollar from their WBA.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.31 TDI - Limit on Partial Payments

A.The Temporary Disability Insurance (TDI) partial return to work law allows people collecting TDI to return to work on a partial basis (reduced hours) without cutting off their TDI benefits entirely. The spirit and intent of the legislation is for individuals to transition back into the workforce from an illness or injury. As such, partial return to work benefits facilitates transition for the individual to return to their normal working hours while continuing their recuperation. Partial payments are available for a short term basis to allow the individual to transition back to their customary work and work schedule; therefore, a standard of an eight (8) week maximum is allowed under this benefit. Partial payments may be extended up to twelve (12) weeks total when clearly supported by medical documentation provided by the Qualified Healthcare Provider and subject to agency review and approval. No more than twelve (12) weeks total maximum may be paid under the Partial Return to Work Program.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.32 Work-Share Benefits Program

A.This rule is intended to clarify employer participation in the Work-Share Benefits Program.

1.If an employer participates in the Work-Share Program for 18 months or more, within two consecutive years, the reduced hours shall become the standard for the usual weekly hours of work for the subsequent third year. The reduction will be computed based on the previous years’ hours.

2.An employer will not be allowed to participate in the Work-Share Program for the same period of time each year for more than three (3) consecutive years as defined by “seasonal employment” in R.I. Gen. Laws § 28-44-69(a)(6).

3.All affected units will be reduced by the maximum amount of hours before any layoffs are allowed, unless justification can be given as to why the layoff must occur in an affected unit.

4.Modifications to the original plan are subject to the approval of the Director.

5.If dissatisfied with an initial determination, an employer may seek reconsideration by the Director, whose decision shall be final with no further appeal.

6.A Work-Share employer may not participate in the program during any week of a bona-fide vacation shut down or an economic shut down.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.33 Counsel Fees

A.In appeals from a director’s determination to an appeals body other than a court of law, if a claimant retains an attorney at-law to represent him or her, the attorney shall be entitled to a counsel fee of ten (10%) percent of amount of the benefits at issue before the appeals body but not less than fifty ($50.00) dollars, which the director shall pay out of the employment security administrative funds; provided, however, the attorney-at-law must submit his or her request for a counsel fee to the director not later than two (2) years from a final adjudication of the case by the appeals body. Any requests for counsel fees after the two (2) year period will not be allowed by the director.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.34 Severance and Dismissal Pay

A.When an individual is in receipt of severance or dismissal pay under R.I. Gen. Laws § 28-44-59 severance or dismissal pay issued by an employer will be:

1.Allocated on a weekly basis from the individual’s last day that he or she performed physical work for the employer for a time period as determined under § 1.34(A)(3) of this Part.

2.Considered wages under R.I. Gen. Laws § 28-42-3(29) and will be used in the base period, attributable to the last day of employment for services performed prior to that date, when computing a claim for benefits. The amount of any payments, whether or not under a plan or system, made to or on behalf of an employee by his or her employer after the expiration of six (6) calendar months following the last calendar month in which the employee performed actual bona fide personal services for his or her employer, shall not be deemed to be wages either for the purpose of reporting wages received under R.I. Gen. Laws § 28-44-13, or for the purpose of wages considered in computing benefits under R.I. Gen. Laws § 28-44-3.

3.Deducted from the weekly “benefit rate” as defined in R.I. Gen. Laws § 28-42-3(6) for each week severance or dismissal pay is received. The weekly benefit rate shall be reduced by the full amount of that severance or dismissal pay, which is attributable for that week, for a period not to exceed twenty-six (26) weeks. Within the period, not to exceed twenty-six (26) weeks, an individual shall be disqualified from receiving benefits for any week of his or her unemployment within any period with respect to which the individual is receiving severance or dismissal pay in an amount greater than or equal to his or her weekly benefit rate. Within the period, not to exceed twenty-six (26) weeks, the total amount of severance pay paid in the form of a lump sum to an employee will be attributed to each week it represents. The total amount of severance pay and the number of weeks it represents will be provided by the employer. If the employer does not specify a set number of weeks, such severance or dismissal pay shall be allocated using the individual’s weekly benefit rate.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.35 Wages Paid After Last Day of Employment

A.Wages paid after the last day of employment for services performed prior to that date for benefit years beginning on or after July 1, 2012:

1.For benefit years beginning on or after July 1, 2012, wages paid to an individual after the last day of employment by an employer for services performed prior to that date shall be considered wages under R.I. Gen. Laws § 28-42-3(29) and will be used in the base period, attributable to the last day of employment for services performed prior to that date, when computing a claim for benefits.

2.The amount of any payments, whether or not under a plan or system, made to or on behalf of an employee by his or her employer after the expiration of six (6) calendar months following the last calendar month in which the employee performed actual bona fide personal services for his or her employer, shall not be deemed to be wages either for the purpose of reporting wages received under R.I. Gen. Laws § 28-44-13, or for the purpose of wages considered in computing benefits under R.I. Gen. Laws § 28-44-3.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.36 Employment Security Benefit Work Search Exemption

A.Any individual claiming payment for any week of Employment Security benefits that is temporarily laid off with a definite return to work date within twelve (12) weeks is not required to search for work within the twelve (12) week period after the lay off.

B.The employer must provide a definite return to work date within the twelve (12) week period after the lay off for the individual to be exempt from the work search requirements.

C.If the employer does not specify a definite return to work date and/or the individual does not return to work within the twelve (12) week period after the lay off, the individual must make an active, independent search for suitable work and will be subject to the provisions set forth in R.I. Gen. Laws § 28-44-12.

D.Any individual that is an active member and in good standing of a labor union that uses a "Hiring Hall" or business agent to find suitable work will be exempt from the work search requirements while collecting Employment Security Benefits.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.37 Self-Employment Assistance Program

A.This rule is intended to clarify the Self-Employment Assistance (SEA) Program.

B.To participate in the Self-Employment Assistance Program an individual must have a viable business idea and be willing to work full-time in developing the business. The proposed business, when established, shall meet all legal requirements with regard to taxes, zoning and other applicable laws.

C.Individuals may receive up to 26 weeks of Self-Employment Assistance allowance in lieu of regular benefits or Emergency Unemployment Compensation (EUC).

1.An individual will not be eligible for Emergency Unemployment Compensation if he or she exhausts Self-Employment Assistance in lieu of regular benefits as he or she is not a Unemployment Compensation exhaustee as defined in the Supplemental Appropriation Act, 2008, Pub. L. 110-252, H.R. 2642.

2.An Individual receiving Self-Employment Assistance in lieu of Emergency Unemployment Compensation is not required to be identified pursuant to the State worker profiling system as individuals likely to exhaust regular benefits as specified in the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, H.R. 3630.

3.The Director may terminate participation in the SEA program for failure to meet SEA program requirements. An individual who fails to participate on a full-time basis, as defined in R.I. Gen. Laws § 28-44-70(a)(4), in self-employment assistance activities or who fails to actively engage on a full-time basis in activities, which may include training and work assignments related to establishing a business and becoming self-employed is denied benefits for the week the failure occurs; unless, the individual submits an official waiver from the partnering vendor indicating that the individual is meeting the Self-Employment Assistance requirements and participating on a full-time basis, as defined in R.I. Gen. Laws § 28-44-70(a)(4).

4.If the Director determines that an individual failed to actively engage in self-employment activities whether scheduled or in general, the individual must be issued an appealable determination.

5.An individual must have remaining entitlement to at least 13 weeks of regular benefits or Emergency Unemployment Compensation to be approved for participation in the Self-Employment Assistance Program.

6.Self-Employment Assistance allowance will terminate the week in which the individual exhausts his or her balance of regular benefits or Emergency Unemployment Compensation not to exceed 26 weeks.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

260-RICR-40-05-1 § 1.38 Filing of Claims for Temporary Caregiver Insurance Benefits

A.Every individual who files a claim for Temporary Caregiver Insurance (TCI) under the provisions of the Rhode Island Temporary Disability Insurance Act shall file such claims in writing or otherwise as the Director may prescribe.

B.Every otherwise eligible claimant who files a claim for benefit credits shall be entitled to such for each week of unemployment due to the need to care for a seriously ill child, spouse, domestic partner, parent, parent-in-law, grandparent, or to bond with a newborn child, adopted child, or foster child only if:

1.The notice of the claim for benefits is mailed, delivered, or otherwise sent to the Department of Labor and Training no later than thirty (30) days after the first day of leave is taken.

C.New claims filed with a Benefit Year Begin Date of January 5, 2014 or later will not be required to serve a nonpaid waiting period week.

D.Claimants are required to be out of work, due to the need to provide care for a seriously ill child, spouse, domestic partner, parent, parent-in-law, grandparent, or to bond with a new child, adopted child, or foster child for seven (7) consecutive days or longer to be eligible for benefit payments.

E.At the discretion of the Director, or his/her authorized representative, a claimant may, at any time, be required:

1.To submit to the Department of Labor and Training, medical or laboratory reports, transcripts of hospital records, affidavits, certificates, evidence of separation from or accession to employment, or any other type of documentary evidence the Director deems necessary to validate the claim.

F.As used in the context of R.I. Gen. Laws § 28-41-34, “Continuing medical treatment or continuing supervision by a health care provider” means:

1.A period of incapacity (that is the inability to work, attend school or perform regular daily activities due to a serious health condition, treatment therefore and recovery therefrom) of at least seven (7) consecutive days for the same condition that also involves:

a.Treatment two or more times by a health care provider, or treatment by a health care provider on one occasion which results in a regimen of continuing treatment under the supervision of a health care provider.

G.A bonding leave claim must be for a period of at least seven (7) consecutive days.

H.A claimant shall provide written documentation of the parental relationship when filing a bonding leave claim, acceptable forms of documentation are: child’s birth certificate, declaration of paternity, proof of foster placement certificate of adoption placement, or an independent adoption placement agreement.

I.Temporary Caregiver Insurance benefits are paid from the balance of credits a claimant qualifies for as determined according to R.I. Gen. Laws § 28-41-7.

J.Temporary Caregiver Insurance benefits weekly benefit rate and dependents’ allowances are determined according to R.I. Gen. Laws § 28-41-5.

K.The first valid claim filed, for either Temporary Disability Insurance benefits or Temporary Caregiver Insurance benefits, under the provisions of the Rhode Island Temporary Disability Insurance Act, R.I. Gen. Laws Chapters 28-39 through 28-41, shall establish the claim’s benefit year according to R.I. Gen. Laws § 28-39-2. Any subsequent claims for either Temporary Disability Insurance benefits or Temporary Caregiver Insurance benefits within the same benefit year shall only be payable from any remaining balance of credits.

L.Eligibility for Temporary Caregiver Insurance benefits shall be determined according to R.I. Gen. Laws § 28-41-11.

M.Medical documentation, indicating the serious health condition of the family member, is to be obtained and provided to the department by the claimant according to the department’s eligibility requirements. Claims will not be determined without the required medical documentation.

1.Medical documentation must be signed by an approved licensed provider as specified in § 1.4 of this Part.

N.Temporary Caregiver Insurance benefit payments are taxable and the department will provide a statement, IRS Form 1099 G, of the total amount of benefits received during the year. This information will also be provided to the Internal Revenue Service (IRS).

1.If your home and/or mailing address changes, you must notify the department in writing.

O.Every individual claimant is required to inform the department when he/she returns to work in order to prevent overpayments of benefit payments.

P.A legal guardian or a person who stands in “loco parentis” will be required to provide proof as determined by the Department’s Director to show the relationship with child and need for “bonding” as defined by R.I. Gen. Laws § 28-41-34 which shall involve being in one another’s physical presence and day to day financial support.

Q.The Partial Return to Work (PRTW) option (R.I. Gen. Laws § 28-41-5(d)) is not applicable to Bonding and Caregiving claims. The PRTW option exists to facilitate the transition for an individual to return to their normal working hours while continuing their recuperation; and, therefore, is not pertinent to the Temporary Caregiver Program.

R.Temporary Caregiver Insurance (TCI) benefits are payable under R.I. Gen. Laws Chapter 28-41. Therefore, R.I. Gen. Laws § 28-41-6 applies to TCI and no individual shall be entitled to receive waiting period credit benefits or dependents' allowances with respect to which benefits are paid or payable to that individual under any workers' compensation law of this state, any other state, or the federal government, on account of any disability caused by accident or illness.

S.An employee shall file a written intent with their employer indicating the need to file for Temporary Caregiver Insurance (TCI) benefits. The written notice shall be delivered to the employer a minimum of 30 days prior to the commencement of the family leave except in the event that the time of need for the leave is unforeseeable or the time of the leave changes for unforeseeable reasons. The notice to the employer shall indicate the date that the leave will commence and the expected return to work date.

History

• Amendment — effective from 2024-12-03 to current
• Periodic Refile — effective from 2022-01-04 to 12/03/2024
• EMERGENCY RULE Amendment — effective from 2020-03-10 to 03/12/2020
• Amendment — effective from 2018-08-07 to 01/04/2022
• Amendment — effective from 2014-07-13 to 08/07/2018
• Amendment — effective from 2013-12-10 to 07/13/2014
• Amendment — effective from 2013-08-20 to 12/10/2013
• Amendment — effective from 2013-06-30 to 08/20/2013
• Amendment — effective from 2012-09-19 to 06/30/2013
• Amendment — effective from 2012-05-31 to 09/19/2012
• Amendment — effective from 2012-04-17 to 05/31/2012
• Amendment — effective from 2010-07-14 to 04/17/2012
• Amendment — effective from 2010-03-09 to 07/14/2010
• Amendment — effective from 2008-12-23 to 03/09/2010
• Technical Revision — effective from 2008-10-15 to 12/23/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Amendment — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2008-10-15 to 10/15/2008
• Adoption — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-10-18 to 10/15/2008
• Amendment — effective from 2007-05-09 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2006-11-01 to 10/18/2007
• Amendment — effective from 2006-11-01 to 10/15/2008
• Adoption — effective from 2005-01-19 to 10/15/2008
• Amendment — effective from 2005-01-19 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 05/09/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/18/2007
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2002-01-02 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 01/19/2005
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-14 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 11/01/2006
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/18/2007
• Periodic Refile — effective from 2001-12-13 to 10/15/2008
• Periodic Refile — effective from 2001-12-13 to 10/15/2008

Subchapter 10 Police and Fire

260-RICR-40-10-1 Board of Police Officer's Relief

260-RICR-40-10-1 § 1.1 Authority

This Part is promulgated pursuant to R.I. Gen. Laws §§ 45-19-2, 45-19-4, 45-19-4.1, 45-19-4.2, 45-19-4.3.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-06-15 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 06/15/2018

260-RICR-40-10-1 § 1.2 Purpose

Within the Department of Labor & Training there is a Board of Police Officers' Relief which administers funds for relief of police officers and/or their dependents.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-06-15 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 06/15/2018

260-RICR-40-10-1 § 1.3 Rules and Regulations

A.Board membership shall be in accordance with R.I. Gen. Laws § 45-19-2. The Board shall elect the following officers to two (2) year terms: Chairperson, Vice-Chairperson and Secretary. Elections for Chairperson shall take place in January of the even numbered years, and elections for Vice-chairperson and Secretary shall take place in January of the odd numbered years. Current officeholders may be re-elected.

B.All meetings of the Board shall be held at the Department of Labor & Training or at a location designated by the Chairperson. The schedule of all meetings shall be posted in compliance with the Rhode Island Open Meetings Law. All meetings shall be conducted by the Chairperson (or the Vice-Chairperson in the Chairperson’s absence) in accordance with Robert's Rules of Order. The Board Secretary shall make and keep all minutes in compliance with the law.

C.A vote by three (3) members of the Board shall be necessary to conduct any business of the Board, but a vote of a lesser number shall be sufficient to adjourn a meeting to the next meeting.

D.All requests for information shall be addressed to either the Board’s Chairperson or the Secretary.

E.All requests for benefits shall be made either in writing or by telephone with the Chairperson or his/her designee. The Board shall thereupon mail to the applicant an application form for benefits which is to be completed by said applicant or legal guardian and returned to the Board. It shall be the responsibility of the applicant or legal guardian to insure all application forms are complete. The Board shall have the right to refuse to consider any application which is not complete.

F.Except for good cause shown, an applicant for death benefits shall furnish the following documents with the application:

1.an original copy of the police officer’s death certificate,

2.a letter from the deceased officer's Chief of Police, or his/her designee, stating that the deceased was a sworn member of the police department,

3.a medical statement of the attending physician specifying the cause of death, and

4.certified copies of any applicable birth certificates.

G.An application for tuition benefits for a totally and permanently disabled police officer, or for the children of such police officers, shall be accompanied by the following:

1.a letter from the physician stating that the police officer is totally and permanently disabled, meaning any impairment of mind or body making it impossible for one to follow a gainful occupation,

2.the name of the college or university to be attended by the applicant,

3.the applicant’s birth certificate,

4.a statement from the police officer’s Chief of Police confirming that said police officer was a sworn member of the police department.

H.It shall be the responsibility of the applicant or legal guardian to furnish the Board with any additional information the Board deems necessary to fully consider any application for benefits.

I.The Board shall be subject to R.I. Gen. Laws Chapter 42-35 et seq. in any matter coming before it. A written statement regarding the Board’s decision will be issued within sixty (60) days of the Board’s receipt of the complete application form unless circumstances require a longer period of time. All decisions of the Board concerning applications for benefits shall be available for public inspection pursuant to R.I. Gen. Laws Chapter 38-2 et seq.

J.All medical statements provided to the Board shall be governed by R.I. Gen. Laws Chapter 38-2 et seq. The Chairperson or his/her designee shall be responsible for maintaining the confidentiality of medical information provided to the Board. In addition, correspondence mailed to the Board which contains confidential medical information shall be addressed to and opened only by the Chairperson or his/her designee.

K.Annuity payments will be prorated on a per diem basis for partial months paid. No retroactive payment for benefits will exceed six (6) calendar months.

L.It shall be the responsibility of the annuitant to report all lost or stolen checks to the Board in a timely manner. A copy of a police report shall be forwarded to the Board within five (5) days of the report of any lost or stolen check. Lost or stolen checks shall be replaced in accordance with procedures established by the Treasurer of the State of Rhode Island.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-06-15 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 06/15/2018

260-RICR-40-10-1 § 1.4 Education Requirements

A.Applicants must comply with all applicable provisions of R.I. Gen. Laws Chapter 45-19 et seq. to qualify for educational grants.

B.Recipients of educational grants shall insure application forms are completed thoroughly. Except for good cause shown, all applications must be submitted to the Board no less than sixty (60) days prior to the beginning of the new semester. The Board shall have the right to refuse to consider any application which is not complete.

C.Recipients must be enrolled in a degree or certificate program in either a full-time or part-time capacity at the respective state college or university and must meet all entrance requirements of the said college or university. Educational grants for children of disabled police officers shall not apply to graduate degrees.

D.Recipients shall be required to provide the Board with written proof of acceptance to a degree or certificate program.

E.Educational grants shall cover four (4) calendar years regardless of full or part-time status beginning with the first semester attended, said period shall be deemed to be continuous. However, in the case of special circumstances (i.e. personal illness, family illness or death of family member) review will be made by the Board. The Board reserves the right to require documentation of such special circumstances. The recipient must immediately notify the Board of any interruption in his/her studies.

F.Educational grants shall apply to tuition payments only and shall not cover lab fees, activity fees, books, room, board, etc. Said additional fees shall be the responsibility of the recipient.

G.Recipients must comply with academic, requirements, and rules of conduct and standards established by the college or university. Students placed on academic probation may face the possibility of their loss of the educational grant. The Board shall, upon notification of such academic probation status, immediately notify the recipient of the possibility of such loss of benefits.

H.The Board shall grant tuition payments only for those courses successfully completed. Recipients must sign a waiver granting the college or university permission to forward a copy of the recipient's grades to the Board. The Board reserves the right to either seek reimbursement for failed or incomplete courses or make adjusted payments for successive semesters for any such failed or incomplete course.

I.Recipients must comply with school policy regarding dropping and adding courses. Students must notify the Board immediately of any dropped courses paid for by the Board. Any violation of the school’s “add/drop” policy may be viewed as a failed or incomplete course by the Board.

J.Recipients completing study in an associate degree program shall not be precluded from continuing on to a bachelor’s degree program, provided, however, that the total years of study for both the associate and bachelor degree shall not exceed four (4) calendar years. Any recipient who elects to continue his/her education to receive a bachelor’s degree shall notify the Board of such intent.

K.Recipients shall not be entitled to retroactive payments for any courses completed prior to the recipient's initial application for educational tuition benefits and the Board’s approval of said initial application.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-06-15 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 06/15/2018

260-RICR-40-10-2 Board of Firefighters' Relief

260-RICR-40-10-2 § 2.1 Authority

This Part is promulgated pursuant to R.I. Gen. Laws §§ 45-19-5, 45-19-8, 45-19-12, 45-19-12.1, 45-19-12.2 and 45-19-12.3.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-05-24 to 01/04/2022
• Amendment — effective from 2006-01-12 to 05/24/2018
• Periodic Refile — effective from 2002-01-04 to 01/12/2006

260-RICR-40-10-2 § 2.2 Purpose

Within the Department of Labor & Training there is a Board of Fire Fighter's Relief which administers funds for the relief of fire fighters and/or their dependents.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-05-24 to 01/04/2022
• Amendment — effective from 2006-01-12 to 05/24/2018
• Periodic Refile — effective from 2002-01-04 to 01/12/2006

260-RICR-40-10-2 § 2.3 Rules and Regulations

A.The Board of Firefighter’s Relief shall consist of three (3) members, one (1) member of the board shall be appointed by the Director of Labor, the second member shall be appointed by the Rhode Island State Association of Fire Fighter’s, AFL-CIO-CLC, and the third member shall be an active member of a volunteer fire department who shall be appointed by the Rhode Island State Firemen’s League to represent volunteer fire fighters.

B.Regular meetings of the Board shall be held on the first Wednesday of each month. A meeting date can be changed by the members in the case of an emergency, in compliance with the open Meetings Law of Rhode Island.

C.The officers of the Board shall consist of a Chairman and a Secretary who shall hold office for three (3) years or until a successor shall be appointed. Officers shall be elected by the Board by a majority of the votes cast.

D.At all meetings of the Board a majority shall constitute a quorum.

E.All claims passed by the Board and sent to the State Treasurer for payment shall be signed by the Chairman and Secretary of the Board.

F.All facts in a case where benefits are payable shall be certified on forms furnished by the Board, by the Chief or Acting Chief or officer in command of the fire department or company, and in all cases, the physician who attended the injured applicant must execute an affidavit. All claims must be notarized.

G.Applications for relief or benefits shall be made to the Board of Firefighter’s Relief in compliance with forms furnished for that purpose, within ninety (90) days after return to work, but said time may be extended by the Board for good cause shown.

H.If an applicant in any case, fails to obtain the signature or certificate of any person or officer necessary to enable the applicant to conform to the requirements of the prescribed forms, the applicant shall make a written request for relief to the board, which may make any order which it may deem proper.

I.Upon a dependent becoming eighteen (18) years of age the dollar amount for that month shall be paid on a per idem basis.

J.If an application for benefits is received by the Board on or before the fifteenth (15th) day of the month, the applicant shall receive benefits in the full amount for that month, but if the application is received on or after the sixteenth (16th) day of the month, then the applicant shall receive benefits in one-half the amount for that month.

K.Applications for student tuition must be received by the Board no less than two (2) months prior to the start of the session the student is seeking payment for. If the student fails to submit the application in the required time, the student must pay the tuition and then submit the tuition receipt, payment breakdown, along with the completed application for tuition benefits, to the Board, with a request for reimbursement. The Board shall grant tuition payments only for those courses successfully completed. At the end of each semester, students must submit a copy of the official transcript from the respective college and forward it to the office of the Board of Firefighters Relief. No future applications will be approved until the official transcript is received. Failed or incomplete courses must be reimbursed to the Board or no future applications will be approved.

L.Recipients must comply with school policy regarding dropping and adding courses. Students must notify the Board immediately of any dropped courses paid for by the Board.

M.The board shall be subject to R.I. Gen. Laws Chapter 45-35 et seq.

N.A written statement either granting or denying an application for benefits will be issued by the Board within sixty (60) days, unless circumstances require a longer period of time.

O.All medical statements provided to the Board shall be governed by R.I. Gen. Laws Chapter 38-2 et seq. The chairperson or his/her designee shall be responsible for maintaining the confidentiality of medical information provided to the Board. In addition, correspondence mailed to the Board which contains confidential medical information shall be addressed to and opened only by the Chairperson or his/her designee.

P.It shall be the responsibility of the annuitant to report all lost or stolen checks to the Board in a timely manner. A copy of a police report shall be forwarded to the Board within five (5) days of the report of any lost or stolen check. Lost or stolen checks shall be replaced in accordance with procedures established by the treasurer of the State of Rhode Island.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-05-24 to 01/04/2022
• Amendment — effective from 2006-01-12 to 05/24/2018
• Periodic Refile — effective from 2002-01-04 to 01/12/2006

Chapter 50 Injured Worker Services

Subchapter 05 Workers' Compensation

260-RICR-50-05-10 Workers' Compensation Rules pursuant to 28-36-15 (Lack of Insurance)

260-RICR-50-05-10 § 10.1 Purpose

A.The purpose of these rules is to provide procedural guidelines for enforcement of employer obligations to secure workers' compensation insurance, including with regard to the suspension of business operations of employers operating without the required workers' compensation insurance under the provisions of R.I. Gen. Laws § 28-36-15(e)(1), as well as to define the workers' compensation insurance requirements for out of state employers performing work in Rhode Island.

History

• Amendment — effective from 2024-06-12 to current
• Periodic Refile — effective from 2022-01-04 to 06/12/2024
• Technical Revision — effective from 2004-01-29 to 01/04/2022
• Amendment — effective from 2004-01-29 to 01/29/2004
• Periodic Refile — effective from 2002-01-02 to 01/29/2004

260-RICR-50-05-10 § 10.2 Authority

A.These rules and regulations are promulgated pursuant to R.I. Gen. Laws § 28-29-26(a).

History

• Amendment — effective from 2024-06-12 to current
• Periodic Refile — effective from 2022-01-04 to 06/12/2024
• Technical Revision — effective from 2004-01-29 to 01/04/2022
• Amendment — effective from 2004-01-29 to 01/29/2004
• Periodic Refile — effective from 2002-01-02 to 01/29/2004

260-RICR-50-05-10 § 10.3 Definitions

A.“Director” means the Director of the Department of Labor and Training and his or her designee.

B.“Department” means the Department of Labor and Training

History

• Amendment — effective from 2024-06-12 to current
• Periodic Refile — effective from 2022-01-04 to 06/12/2024
• Technical Revision — effective from 2004-01-29 to 01/04/2022
• Amendment — effective from 2004-01-29 to 01/29/2004
• Periodic Refile — effective from 2002-01-02 to 01/29/2004

260-RICR-50-05-10 § 10.4 Stop Work Order and Suspend Business Operation Procedures Pursuant to R.I. Gen. Laws § 28-36-15(i)(1)

A.Employers working in Rhode Island are required to have Workers’ Compensation Insurance coverage. Required coverage is determined by the Director of the Department of Labor and Training (hereinafter “Director”) in accordance with the provisions of R.I. Gen. Laws Chapters 28-29 through 38 and 27-7.1 et seq. Employers working without the required coverage will be subject to the following procedures:

1.The Director shall issue and serve a Stop Work Order upon the Employer mandating that the Employer suspend Rhode Island business operations immediately.

2.Following the issuance of the Director's Stop Work Order, the Employer has the right to appeal the Director’s Stop Work Order, by filing an Appeal with the Workers’ Compensation Court pursuant to R.I. Gen. Laws § 28-36-15(i)(1) and the Rhode Island Workers’ Compensation Court Rules of Practice. The Employer shall notify the Director of its Appeal, within forty-eight (48) hours, by serving a copy of said Appeal on the Director in accordance with the Rhode Island Workers’ Compensation Court Rules of Practice.

3.The Stop Work Order shall be personally served by the Department on the Employer, the Employer's representative, or its registered agent, or may be left at the Employer’s Rhode Island worksite, or place of business.

4.Once the Director receives satisfactory evidence that the appropriate coverage has been obtained the Order shall be immediately rescinded.

History

• Amendment — effective from 2024-06-12 to current
• Periodic Refile — effective from 2022-01-04 to 06/12/2024
• Technical Revision — effective from 2004-01-29 to 01/04/2022
• Amendment — effective from 2004-01-29 to 01/29/2004
• Periodic Refile — effective from 2002-01-02 to 01/29/2004

260-RICR-50-05-10 § 10.5 Enforcement of Stop Work Order

A.If the Employer continues to operate its business in Rhode Island, after the Director has issued a Stop Work Order, the Director shall immediately file a Petition to Enforce with the Workers’ Compensation Court, directing the employer to comply with the Director's Stop Work Order and request an emergency hearing to enforce the Department’s Stop Work Order pursuant to R.I. Gen. Laws § 28-36-15(i)(2).

B.The Director shall effect service of the petition and notice on the employer within forty-eight (48) hours by delivering a copy of the petition and notice to a person individually or, if a private corporation, by delivering a copy of the petition and notice to an officer, or a managing or general agent, or by delivering a copy of the petition and notice at an office of the corporation to a person employed by said corporation, or by delivering a copy of the petition and notice to an agent authorized by appointment or by law to receive service of process. If the employer is a public corporation, body, or authority, service shall be made by delivering a copy of the petition and notice to any officer, director, or manager thereof. The Director shall certify to the court that such service has been affected prior to the time of the hearing.

History

• Amendment — effective from 2024-06-12 to current
• Periodic Refile — effective from 2022-01-04 to 06/12/2024
• Technical Revision — effective from 2004-01-29 to 01/04/2022
• Amendment — effective from 2004-01-29 to 01/29/2004
• Periodic Refile — effective from 2002-01-02 to 01/29/2004

260-RICR-50-05-10 § 10.6 Temporary Exposure/Out of State Coverage

A.Out of state Employers working in Rhode Island for temporary periods of time are required to establish to the satisfaction of the director that they have workers’ compensation insurance coverage that provides coverage for claims filed in Rhode Island. Such coverage insurance carrier must respond to Rhode Island workers’ compensation claims and petitions filed in the Rhode Island Workers’ Compensation Court and must provide Rhode Island benefits for compensable claims filed in this state.

B.For the purpose of these regulations, “temporary periods of time” shall mean a period not to exceed one hundred eighty (180) days in the aggregate to be applied over a period of twelve (12) months.

C.Out of state Employers working in Rhode Island for durations in excess of one hundred eighty (180) days over a period of twelve (12) months shall be required to obtain Rhode Island workers’ compensation insurance coverage with Rhode Island named in Part 3A of the policy. Employers working for shorter periods of time must have a workers’ compensation insurance policy that covers Rhode Island claims.

D.Out of state Employers working in Rhode Island who hire employees in Rhode Island shall be required to obtain Rhode Island workers’ compensation insurance coverage with Rhode Island named in Part 3A of the policy.

History

• Amendment — effective from 2024-06-12 to current
• Periodic Refile — effective from 2022-01-04 to 06/12/2024
• Technical Revision — effective from 2004-01-29 to 01/04/2022
• Amendment — effective from 2004-01-29 to 01/29/2004
• Periodic Refile — effective from 2002-01-02 to 01/29/2004

260-RICR-50-05-11 Emergency Workers' Compensation Regulation Employee Leasing Workers' Compensation Insurance

260-RICR-50-05-11 § 11.1 Purpose

The purpose of this Regulation is to ensure that all leased employees receive workers’ compensation insurance coverage as required by R.I. Gen. Laws so that premium is paid commensurate with exposure and anticipated claim experience and that said coverage is continued timely for Rhode Island lessees and employers to properly manage their affairs in compliance with the law.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-02 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 01/02/2002

260-RICR-50-05-11 § 11.2 Authority

This regulation is promulgated pursuant to R.I. Gen. Laws §§ 28-29-26 and 28-36-13.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-02 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 01/02/2002

260-RICR-50-05-11 § 11.3 Definitions

“Beacon Mutual Insurance Company” means the workers’ compensation insurance fund established pursuant to R.I. P. L. 2003, Ch. 410.

“Client” means an entity which obtains all or part of its workforce from another entity through an employee leasing arrangement or which employs the services of an entity through an employee leasing arrangement. In this regulation, the client may also be referred to as lessee.

“Director” means the Director of Labor and Training or his or her designee unless specifically stated otherwise.

“Department” means the Department of Labor and Training.

“Employee Leasing Arrangement” means an arrangement, under contract or otherwise, whereby one business or other entity leases all or a significant number of its workers from another business. Employee leasing arrangements include, but are not limited to, full service employee leasing arrangements, long-term temporary arrangements, and any other arrangement which involves the allocation of employment responsibilities among two or more entities. For purposes of this rule employee leasing arrangement does not include arrangements to provide temporary help service.

“Labor Contractor” means an entity that grants a written lease to a client through an employee leasing arrangement. In this regulation, the labor contractor may also be referred to as an employee leasing company and or a lessor.

“Leased Employee” means a person performing services for a lessee under an employee leasing arrangement.

“Lessee” means an entity which obtains all or part of its work force from another entity through an employee leasing arrangement or which employs the services of an entity through an employee leasing arrangement. In this Regulation, a lessee may also be referred to a client.

“Lessor” means an entity that grants a written lease to a lessee through an employee leasing arrangement, including the employee leasing companies who are lessees of employee leasing company and multiple arrangements thereof. In this Regulation, the lessor may also be referred to as an employee leasing company and/or a labor contractor.

“Multiple Coordinated Policies Basis” means the insurer and labor contractor will coordinate workers’ compensation insurance policies providing coverage to leased employees as set forth in § 11.4(C) of this Part.

“Premium Subject to Dispute” means that premium shall be considered subject to dispute only if the insured has provided a written notice of dispute to the insurer or service carrier, has initiated any applicable proceeding for resolving such disputes as prescribed by law or rating organization rule, or has initiated litigation regarding the premium dispute. The insured must have detailed the specific areas of dispute and provided an estimate of the premium the insured believes to be correct. The insured must have paid any undisputed portion of the bill.

“Temporary Help Service” means a service whereby an organization hires its own employees and assigns them to clients for a limited duration, not to exceed three (3) months, to support or supplement the client’s work force in special work situations such as employee absences, temporary skill shortages and seasonal workloads. If a temporary help service assigns employees to fill a position or to perform substantially the same responsibilities for a client for not more than three (3) months, the employee shall be considered to be a leased employee.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-02 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 01/02/2002

260-RICR-50-05-11 § 11.4 Eligibility for Policy Issuance and Continuance

A.Basic Rules

1.A lessee shall fulfill its statutory responsibility to secure benefits for leased employees under the Workers’ Compensation Insurance Act by purchasing and maintaining a standard workers’ compensation policy approved by the Insurance Commissioner. The exposure and experience of the lessee shall be used in determining the premium for policy.

2.A labor contractor shall fulfill its statutory responsibility to obtain workers’ compensation benefits for leased employees under the Workers’ Compensation Insurance Plan by securing the coverage for the leased employees on a multiple coordinated policies basis, as set forth in § 11.4(C) of this Part.

3.In the event workers’ compensation insurance coverage is provided through multiple lessors or by means involving entities other than a single lessor, then the complete legal arrangement shall be in writing explained and provided to the Department (including copies of all pertinent documents).

B.Residual Market Coverage

1.A labor contractor which obtains coverage through the residual market, for leased employees, must secure coverage on a multiple coordinated policies basis, as set forth in § 11.4(C) of this Part, to qualify for coverage on a multiple coordinated policies basis, the labor contractor shall meet each of the following requirements at application and annual renewal:

a.A lessor, its officers or directors, or any person with a five percent (5%) or greater interest does not owe any premium to the current or prior insurers, except premium subject to dispute; and

b.Provide such information as is otherwise required by this Regulation; and

c.Be registered as an employee leasing arrangement with the Department of Labor and Training.

C.Multiple coordinated policies

1.Multiple coordinated policies shall include the following requirements:

a.All assigned risk workers’ compensation insurance policies for lessees of the same employee leasing company shall be assigned to Beacon Mutual Insurance Company for employees in state and to one servicing carrier in other states to the extent possible; and

b.The insurer shall arrange to have the same renewal dates for all such workers’ compensation insurance policies; and

c.The insurer shall arrange to have all notices sent to the employee leasing company (labor contractor) and to have a single master invoice sent to the employee leasing company (labor contractor) for all policies covering the clients of the employee leasing company (labor contractor).

d.If a client leases employees from more than one labor contractor, there shall be a separate policy for the leased employees of each labor contractor.

e.The insurer shall issue a workers’ compensation insurance policy covering the internal employees of the employee leasing company.

f.Appropriate endorsements need to be used to restrict the coverage to specific employees and to coordinate coverage between lessees and lessor.

2.The labor contractor (lessor) shall meet each of the following requirements to qualify for securing coverage on a multiple coordinated policies basis.

a.The labor contractor is acting in good faith and entitled to insurance required under the workers’ compensation insurance laws;

b.The labor contractor, its officers, directors, and any person with a five percent or greater interest does not owe any undisputed workers’ compensation premium to the current or prior insurers and or self-insurer;

c.The labor contractor provides all information required under each policy in accordance with this regulation; and

d.The labor contractor is in compliance with all state laws.

3.The client (lessee) shall meet each of the following requirements to qualify for securing coverage on a multiple coordinated policies basis:

a.The client is acting in good faith and entitled to insurance required under the workers’ compensation insurance laws;

b.The client, its officers, directors, and any person with a five percent or greater interest does not owe any undisputed workers’ compensation premium to the current or prior insurers and or self-insurers;

c.The client provides all information required under each policy in accordance with this Regulation; and,

d.The client is in compliance with all state laws.

D.Application Data Required for Residual Market

1.A lessor which applies for coverage through the residual market shall furnish the following information with the application for coverage:

a.A list of jurisdiction of each and every name that the employee leasing company has operated under in the preceding five (5) years (including any alternative names and names of predecessors, and successor business entities) along with the policy number and carrier for each workers’ compensation insurance policy issued to the employee leasing company under each and every such name in the preceding five (5) years and a copy of the most recent Form 941 or its equivalent filed with the United States Internal Revenue Service by the employee leasing company;

2.A list of each and every person or entity who owns a five percent (5%) or greater interest in the employee leasing company at the time of application and a list of each and every person or entity who formerly owned a five percent (5%) or greater interest in the employee leasing company or its predecessors, successors, or alter egos in the preceding five (5) years;

3.For each person or entity identified in the preceding subsection, a list of all other employee leasing companies in which each such person or entity owns or owned a five percent (5%) or greater interest and a list of all other businesses in which each such person or entity or combination of two or more such persons or entities owns or owned a fifty percent (50%) or greater interest at the time application is made and in the preceding twelve (12) months;

4.A list by jurisdiction for each lessee, along with any other name(s) such lessee has operated under in the preceding five (5) years and the Internal Revenue Service Form 941 or its equivalent most recently filed with the service with respect to each lessee and a copy of the most recent Form 941 or its equivalent filed with the United States Internal Revenue Service by each lessee;

5.A sworn written statement signed by the owner, partner or officer authorized to bind the lessee legally, that states the policy number and carrier for each workers’ compensation insurance policy issued to the lessee under each and every name in the preceding five (5) years;

6.The employee leasing company must also furnish for each lessee at the time of application or renewal; a listing of all leased employees along with their social security numbers, classification codes and wages; and

7.A sworn written statement signed by the owner, partner or officer authorized to bind the lessee legally that states that all of the lessee’s non-leased employees are covered by a workers’ compensation insurance policy. In addition, the sworn written statement must provide the policy number, carrier, a listing of the number of non-leased employees, and the aggregate payroll applicable to each classification code.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-02 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 01/02/2002

260-RICR-50-05-11 § 11.5 Lessor’s Obligation

A.Each lessor which applies for coverage or is covered through either the voluntary market, Beacon Mutual Insurance Company, or the residual market mechanism shall maintain and furnish to the Director the following information within five (5) days:

1.Each lessor’s and lessee’s corporate name;

2.Each lessor’s and lessee’s taxpayer or employer identification number;

3.Each lessor’s and lessee’s risk identification number;

4.A listing of all leased employees associated with each lessee, the applicable classification code and payroll; and

5.Claims information grouped by lessee, and any other information necessary to permit the calculation of an experience modification factor for each lessee.

B.Each lessor has a continuing duty to notify the Director of any changes in § 11.4(C)(1)(e) of this Part within five (5) days. Failure to notify the Director within five (5) days may result in suspension or revocation of certificate of compliance and/or shall be subject to prosecution for a misdemeanor and upon conviction thereof may be punished by a fine of not more than two hundred fifty dollars ($250.00) for each offense.

C.Within fourteen (14) calendar days before expiration of any current workers’ compensation insurance coverage complete, a lessor shall file final, and binding agreements for subsequent continuation of workers’ compensation insurance coverage for leased employees signed by an official of the coverage for leased employees signed by an official of the entity ultimately providing such coverage and bearing the risk of loss under such policy with the Director. For failure to comply with this Section, the lessor shall be barred from providing workers’ compensation insurance coverage or purporting to offer workers’ compensation insurance to any lessee.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-02 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 01/02/2002

260-RICR-50-05-11 § 11.6 Lessee’s Obligation 11.6 Lessee’s Obligation {#sec-260-ricr-50-05-11-11.6-lessee-s-obligation omnilex-key=us-ri-regs-official--title-260--260-RICR-50-05-11#11.6 Lessee’s Obligation}

A.A lessee which applies for coverage or is covered through either the voluntary market, Beacon Mutual Insurance Company, or the residual market mechanism shall maintain and furnish to the Director the following information within five (5) days:

1.Each lessee’s corporate name;

2.Each lessee’s taxpayer or employer identification number;

3.Each lessee’s risk identification number;

4.A listing of all leased employees associated with each lessee, the applicable classification code and payroll; and

5.Claims information grouped by lessee, and any other information necessary to permit the calculation of an experience modification factor for each lessee.

B.Each lessee has a continuing duty to notify the Director of any changes in § 11.4(C)(1)(f) of this Part within five (5) days. Failure to notify the Director within five (5) days may result in suspension or revocation of certificate of compliance and/or shall be subject to prosecution for a misdemeanor and upon conviction thereof may be punished by a fine of not more than two hundred fifty dollars ($250.00) for each offense.

C.Within fourteen (14) calendar days before expiration of any current workers’ compensation insurance coverage complete, a lessee shall file final, and binding agreements for subsequent of continuing workers’ compensation insurance coverage for leased employees signed by an official of the entity ultimately providing such coverage and bearing the risk of loss under such policy with the Director. Failure to notify the Director as provided above may result in suspension or revocation of certificate of compliance and/or shall be subject to prosecution for a misdemeanor and upon conviction thereof may be punished by a fine of not more than two hundred fifty dollars ($250.00) for each offense.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-02 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 01/02/2002

260-RICR-50-05-11 § 11.7 Policy Cancellation or Nonrenewal

A.Grounds for cancellation and Nonrenewal

1.In addition to any statutory grounds that may exist, any violation of this Regulation is grounds for cancellation or nonrenewal provided that the employee leasing company has been provided a reasonable opportunity to cure the violation.

B.Notice to Lessees

1.If an employee leasing company has received notice that its workers’ compensation insurance policy will be cancelled or non-renewed, the leasing company shall notify by certified mail, within fifteen (15) days of the receipt of the notice, the Director and all of the lessees for which there is an employee leasing arrangement covered under the to -be-cancelled policy.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-02 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 01/02/2002

260-RICR-50-05-11 § 11.8 Insurer or Services Carrier Audit

Insurers shall audit policies issued pursuant to § 11.4 of this Part within ninety (90) days of the policy effective date and may conduct audits as the insurer deems appropriate. The purpose of the audit will be to determine whether all classifications, experience modification factors and estimated payroll utilized with respect to the development of the premium charged to the lessor are appropriate.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-02 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 01/02/2002

260-RICR-50-05-11 § 11.9 Penalties

Any lessor or lessee who fails to comply with the provisions of R.I. Gen. Laws Chapters 28-29 and 28-36, or who violates any provision of this Part shall be subject to the civil penalties set forth in R.I. Gen. Laws Chapters 28-29, 28-36, and this Part. Any lessor, lessee, person, corporation, entity which fails to provide workers’ compensation insurance coverage for leased employees shall be subject to the criminal penalties imposed in R.I. Gen. Laws Chapter 28-36.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-02 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 01/02/2002

260-RICR-50-05-11 § 11.10 Severability

If any provision of this Part is held invalid, such invalidity shall not offset other provisions or applications of this Part.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-02 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 01/02/2002

260-RICR-50-05-12 Workers’ Compensation Administrative Account Rules & Procedures

260-RICR-50-05-12 § 12.1 Purpose

The following rules and procedures are for employers or insurers requesting reimbursement from the Workers’ Compensation Administrative Account from the Director of the Rhode Island Department of Labor and Training.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2017-12-27 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 12/27/2017

260-RICR-50-05-12 § 12.2 Authority

These rules are promulgated pursuant to R.I. Gen. Laws §§ 28-37-15, 28-37-16, 28-37-17, 28-37-18, and 28-37-20; §§ 28-35-20(b) and 28-29-26(a).

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2017-12-27 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 12/27/2017

260-RICR-50-05-12 § 12.3 Rules and Procedures for Requesting Reimbursement

A.Request for reimbursement from the Workers’ Compensation Administrative Account under R.I. Gen. Laws § 28-35-20(f) must be filed by the insurer within two (2) years of the trial decree entry date.

B.A properly submitted request shall consist of the following:

1.Request for reimbursement letter containing:

a.amount of request

b.date the right to reimbursement accrued

c.proof of payment to the employee/medical care provider

d.trial decision and decree

e.pretrial order or preliminary determination order

f.proof of insurance

g.A brief statement indicating the reason why the employee or medical services provider was not entitled to the payment(s) made pursuant to the pretrial order.

C.Request for reimbursement from the Workers’ Compensation Administrative Account under R.I. Gen Laws §§ 28-37-4 and 28-37-4 must be filed by the insurer within two (2) years of the date the right to reimbursement accrued pursuant to R.I. Gen. Laws § 28-37-4(b).

1.A properly submitted request shall consist of:

a.A letter requesting reimbursement

b.Documentation supporting that the employee sustained a compensable injury

c.Medical documentation supporting a compensable injury

d.Documentation supporting the employee sustained a compensable second injury

e.Medical documentation supporting:

(1) a compensable second injury,

(2) aggravation, and

(3)greater disability or loss of earnings than would have resulted from the second injury alone.

f.Documentation, if any, of court orders, reports of payment, memorandum of agreement, non-prejudicial agreement, termination of benefits, suspension agreements, mutual agreements, wage statements, dependency

g.forms, commutations, suspension agreements, nonpayment of indemnity benefits.

h.Proof of insurance

i.Proof of payment to the employee

j.Application and receipt of a R.I. Department of Business Regulation credit rating if applicable

k.Written documentation evidencing knowledge of the preexisting disability at the time of the employee’s hire

D. If an incomplete request is submitted, a letter will be sent to the sender for proper completion, notifying the sender of the basis upon which the request is deemed to be incomplete. A sixty (60) day timeframe will be permitted to allow the sender time to properly submit all information. If the complete and proper request is not received within sixty (60) days from the mailing date of the letter, the request will be considered void and the file will be closed.

E.A request for reimbursement will not be considered filed with the department until the request is properly submitted. When a properly completed request has been received, it will be stamped with the filing date and begin processing by the claims unit for approval or denial of the request. The parties will be notified in writing within forty-five (45) days from receipt of the properly completed request as to the approval or denial of the request.

F.Any party disputing an initial decision by the claims unit may file a written objection within thirty (30) days of the mailing date with the Director of the Department of Labor & Training for a determination of the claim for reimbursement. Upon receipt of a written objection, proper hearing notice shall be sent to all parties. Failure to file an objection within thirty (30) days will constitute a waiver of said party’s right to object, and the Director/designee will proceed with the final decision.

G.The Director/designee on its own motion may schedule a pre-hearing conference in order to reduce the issues in dispute and to arrange a hearing schedule. The pre- hearing conference will be scheduled within thirty (30) days of the request and proper notice will be sent.

H.Continuances shall be addressed to the sound discretion of the Director/designee assigned to the hearing. The Director/designee shall give due regard to provide prompt hearings. No continuance will be granted without good cause.

I.If any party, or an officer or agent of a party, without good cause, fails to appear for hearing after being served with proper notice, the Director/designee may make such orders in regard to the failure, including, but not limited to:

1.entering orders adverse to that party and

2.requiring that party to pay the reasonable costs associated with the hearing.

J.The Department will arrange for a stenographer to be present at all Administrative Account hearings.

K.If any party disagrees with the final decision of the Director/designee, the party may file a petition to review at the Workers’ Compensation Court together with a copy of the decision and order to be reviewed. Appeal of the final agency decision shall be made pursuant to the Workers’ Compensation Court Rules of Procedure, § 2.32.

L.These rules will be applied retroactive and prospective regardless of the date of injury. All notice/requests of claims for reimbursement that have been date-stamped by the Department of Labor and Training prior to the effective date of these rules and procedures will be deemed filed for the purpose of determining the two (2) year filing requirement.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2017-12-27 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 12/27/2017

260-RICR-50-05-12 § 12.4 Rules and Procedures for Requesting A Hearing Regarding An Insurer or Certified Employer's Workers' Compensation Return and Bill

A.The request for a hearing from the Director of the Rhode Island Department of Labor and Training under R.I. Gen. Laws §§ 28-37-15, 28-37-16, and 28-37-17 must be filed by the insurer or certified employer within ten (10) days of the receipt of the billing for the amount due. A properly submitted request for hearing shall consist of the following:

1.Copy of disputed bill

2.Copy of payroll submitted, and

3.A brief statement indicating the reason why the amount due is being appealed.

B.If an incomplete request for hearing is submitted a letter will be sent to the insurer or certified employer for proper completion, notifying the sender of the basis upon which the hearing request is deemed to be incomplete. A ten (10) day timeframe will be permitted to allow the sender time to properly submit all information. If the complete and proper hearing request is not received within ten (10) days from the mailing date of the letter, the hearing request will be considered void and the file will be closed.

C.A request for hearing will not be considered filed with the department until the request is properly submitted. When a properly completed request has been received, it will be stamped with the filing date and begin processing by for hearing by the Director/Designee. A hearing will be held within ten (10) days from receipt of the properly completed request.

D.The Director/designee on its own motion may schedule a pre-hearing conference in order to reduce the issues in dispute and to arrange a hearing schedule. The pre- hearing conference will be scheduled within ten (10) days of the request and proper notice will be sent.

E.Continuances shall be addressed to the sound discretion of the Director/designee assigned to the hearing. The Director/designee shall give due regard to provide prompt hearings. No continuance will be granted without good cause.

F.If any party, or an officer or agent of a party, without good cause, fails to appear for hearing after being served with proper notice, the Director/designee may make such orders in regard to the failure, including, but not limited to (1) entering orders adverse to that party and (2) requiring that party to pay the reasonable costs associated with the hearing.

G.The Department will arrange for a stenographer to be present at all administrative Account hearings.

H.If any party disagrees with the final decision of the Director/designee, the party may file a petition to review at the Workers’ Compensation Court together with a copy of the decision and order to be reviewed. Appeal of the final agency decision shall be made pursuant to the Workers’ Compensation Court Rules of Procedure, § 2.32.

I.During the appeal process payment of the billed assessment is due under R.I. Gen. Laws §§ 28-37-15 and 28-37-16.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2017-12-27 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 12/27/2017

260-RICR-50-05-13 Workers' Compensation COLA Reimbursement Rules

260-RICR-50-05-13 § 13.1 Purpose

These rules and regulations are hereby promulgated pursuant to R.I. Gen. Laws §§ 28-33-17, 28-33-18.3, and 42-16-2 for the purpose of affording relief in the form of reimbursement for COLA payments to qualifying insurers.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-02 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 01/02/2002

260-RICR-50-05-13 § 13.2 Authority

The following Rules and Regulations are hereby promulgated pursuant to R.I. Gen. Laws § 42-16-2.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-02 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 01/02/2002

260-RICR-50-05-13 § 13.3 Definitions

A.Definitions. As used in these Rules and Regulations:

1.“Assessments” means those payments made by insurers pursuant to R.I. Gen. Laws § 28-37-13.

2.“COLA” means the cost of living adjustment as that index is formulated and computed by the Bureau of Labor Statistics of the United States Department of Labor.

3.“Court” means Workers’ Compensation Court, unless otherwise indicated.

4.“Director” means the Director of the Department of Labor and Training or his/her designee.

5.“Fund” means the Workers’ Compensation Administrative Account.

6.“Insurers” means those organizations licensed and regulated by the Department of Business Regulation to write workers’ compensation insurance in the State of Rhode Island, exclusive of self-insurers, group self- insurers, and entities exempt from regulations pursuant to R.I. Gen Laws § 45-5-20.1.

7.“Person” means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than an agency.

8.“Necessary Filing Requirements” include, but are not limited to:

a.Court orders, decisions, decrees

b.Interim and final reports of payment

c.Memorandum of agreement, non-prejudicial agreement

d.Termination of benefits, suspension agreements, mutual agreements

e.Wage statements, dependency forms

f.Proof of payment

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-02 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 01/02/2002

260-RICR-50-05-13 § 13.4 Eligibility

A.Only insurers, who are deemed current with the Workers’ Compensation Administrative Fund Assessments and have paid all assessments due, including penalties may be reimbursed from the Fund pursuant to R.I. Gen. Laws § 28-37-13 (f).

B.Reimbursement will be made only for claims with injury dates prior to September 1, 1990 pursuant to R.I. Gen. Laws § 28-37-1(8). The initial claim for reimbursement must be made prior to June 30, 1996. Reimbursement requests are to be submitted on form DWC-39 prescribed by the Department of Labor and Training.

C.Liability must be established on all claims for Cost of Living Adjustment reimbursement by Memorandum of Agreement or Order of the Workers’ Compensation Court. Final decision for reimbursement will be held on claims for which litigation is pending regarding the liability of the claim.

D.Once an application submitted has been approved for reimbursement continuing reimbursement requests are to be submitted on an individual claim basis on form (DWC-40) prescribed by the Department of Labor and Training. Reimbursement will not be considered until all the necessary filing requirements have been met.

E.Request for Cost of Living Adjustment reimbursement should be addressed to the Rhode Island Department of Labor and Training, Workers’ Compensation Administrative Account.

F.Proof of payment must accompany all requests for reimbursement to the Fund. The Department of Labor and Training may accept a list including check date, check number, payee name, dates covered by payment, and amount of payment, signed by an authorized representative of the insurer verifying that the list is a true and accurate accounting of the payments made as proof of payment. When deemed necessary the Department of Labor and Training may require actual check copies as proof of payment.

G.Once a claim is accepted for reimbursement of the COLA benefits, continuing reimbursement requests must be submitted to the Department of Labor and Training on a semi- annual basis until the employee is no longer eligible for COLA benefits. If an insurer fails to file its requests by the deadline, stated in § 13.5(C) of this Part, with the Department of Labor and Training, those requests that are not filed within the stated deadline will be considered delinquent by the Fund.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-02 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 01/02/2002

260-RICR-50-05-13 § 13.5 Forfeiture of Benefits

A.Requests will be reviewed and a letter will be sent, if necessary, notifying the applicant of the status of their requests. If the information supplied is incomplete, the applicant shall have sixty (60) days to comply with all necessary filing requirements. A claim will be deemed delinquent if the applicant has failed to supply the additional information requested within sixty (60) days. Once a claim is deemed delinquent, the file will be closed.

B.The Department will only reimburse the actual cost of living increase payments that are appropriate under the Workers’ Compensation Act. The Department will not reimburse for overpayment errors paid by the insurer.

C.A semi-annual claim for cost of living adjustment reimbursement shall be submitted on or before August 15 for the period from January 1 through June 30 of the current year. Claims must be submitted on or before February 15 of the current year for the period from July 1 through December 31 of the prior year.

D.Delinquent requests will not be reimbursed by the Department of Labor and Training.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-02 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 01/02/2002

260-RICR-50-05-13 § 13.6 Appeals

A.Any party disputing an initial denial by the claims unit may file an objection within thirty (30) days of the mailing date with the Director of the Department of Labor & Training for a determination of the claim for reimbursement. Upon receipt of a written objection, proper hearing notice shall be sent to all parties. Failure to file an objection within thirty (30) days will constitute a waiver of said party’s right to object, and the Director/designee will proceed with the final decision.

B.The Director/designee on its own motion may schedule a pre-hearing conference in order to reduce the issues in dispute and to arrange a hearing schedule. The pre- hearing conference will be scheduled within thirty (30) days of the request and proper notice will be sent.

C.Continuances shall be addressed to the sound discretion of the Director/designee assigned to the hearing. The Director/designee shall give due regard to provide prompt hearings. No continuances will be granted without good cause.

D.If any party, or an officer or agent of a party, without good cause fails to appear for hearing after being served with proper notice, the Director/designee may make such orders in regard to the failure, including, but not limited to (1) entering orders adverse to that party and (2) requiring that party to pay the reasonable costs associated with the hearing.

E.The Department will arrange for a stenographer to be present at all Administrative Account hearings.

F.If any party disagrees with the final decision of the Director/designee, the party may file a petition to review at the Workers’ Compensation Court together with a copy of the decision and order to be reviewed. Appeal of the final agency decision shall be made pursuant to § 2.32 of the Workers’ Compensation Rules of Practice, Insurance Coverage Disputes.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-02 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 01/02/2002