Rhode Island General Laws 42-35-7. Declaratory judgment on validity or applicability of rules
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The validity or applicability of any rule may be determined in an action for declaratory judgment in the superior court of Providence County, when it is alleged that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff. The agency shall be made a party to the action. A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question.
History of Section.
G.L. 1956, § 42-35-7; P.L. 1962, ch. 112, § 1.
Terms Used In Rhode Island General Laws 42-35-7
- agency: means a state agency, authority, board, bureau, commission, department, district, division, institution, office, officer, quasi-public agency, or other political subdivisions created by the general assembly or the governor, other than the legislature or the judiciary, that is authorized by law of this state to make rules or to determine contested cases. See Rhode Island General Laws 42-35-1
- Party: means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party. See Rhode Island General Laws 42-35-1
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Rule: means the whole or a part of an agency statement of general applicability that implements, interprets, or prescribes law or policy or the organization, procedure, or practice requirements of an agency and has the force of law. See Rhode Island General Laws 42-35-1