2002-H 7609
Enacted 06/28/2002

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Introduced By: Representative Gordon D. Fox


Date Introduced: February 05, 2002

It is enacted by the General Assembly as follows:

SECTION 1. Section 42-35-18 of the General Laws in Chapter 42-35 entitled "Administrative Procedures" is hereby amended to read as follows:

42-35-18. Effective date of chapter -- Scope of application and exemptions. -- (a) This chapter shall take effect upon January 1, 1964, and thereupon all acts and parts of acts inconsistent herewith shall stand repealed, provided, however, that except as to proceedings pending on June 30, 1963, this chapter shall apply to all agencies and agency proceedings not expressly exempted.

(b) None of the provisions of this chapter shall apply to the following sections and chapters:

(1) Section 16-32-10 (University of Rhode Island);

(2) Chapter 41 of title 16 (New England Higher Education Compact);

(3) Section 16-33-6 (Rhode Island College);

(4) Chapter 16 of title 23 (Health Facilities Construction Act);

(5) Chapter 8 of title 20 (Atlantic States Marine Fisheries Compact);

(6) Chapter 29 of title 28 (Workers' Compensation -- General Provisions);

(7) Chapter 30 of title 28 (Workers' Compensation Commission);

(8) Chapter 31 of title 28 (Workers' Compensation -- State and Municipal Employees);

(9) Chapter 32 of title 28 (Workers' Compensation -- Report of Injuries);

(10) Chapter 33 of title 28 (Workers' Compensation -- Benefits);

(11) Chapter 34 of title 28 (Workers' Compensation -- Occupational Diseases);

(12) Chapter 36 of title 28 (Workers' Compensation -- Insurance);

(13) Chapter 35 of title 28 (Workers' Compensation -- Procedure);

(14) Chapter 37 of title 28 (Workers' Compensation -- Second Injury Indemnity Fund);

(15) Chapter 38 of title 28 (Dr. John E. Donley Rehabilitation Center);

(16) Chapter 8 of title 36 (Retirement System -- Administration);

(17) Chapter 9 of title 36 (Retirement System -- Membership and service credits);

(18) Chapter 10 of title 36 (Retirement System -- Contributions and benefits);

(19) Chapter 16 of title 16 (Teachers' Retirement);

(20) Chapter 17 of title 16 (Retirement of Teachers in State Schools);

(21) Chapter 21 of title 45 (Retirement of Municipal Employees);

(22) Chapter 7 of title 17 (State Board of Elections);

(23) Chapter 16 of title 8 (Judicial Tenure and Discipline);

(24) Chapter 61 of title 42 (State Lottery);

(25) Chapter 59 of title 16 (Board of Governors for Higher Education);

(26) Chapter 60 of title 16 (Board of Regents for Elementary and Secondary Education);

(27) Chapter 24.4 of title 45 (Special Development Districts);

(28) Chapter 12 of title 35 (The University of Rhode Island Research Corporation).

(c) The provisions of sections 42-35-9, 42-35-10, 42-35-11, 42-35-12 and 42-35-13 shall not apply to:

(1) Any and all acts, decisions, findings, or determinations by the board of review of the department of labor and training or the director of the department of labor and training or his, her, its or their duly authorized agents and to any and all procedures or hearings before and by the director or board of review of the department of labor and training or his or her agents under the provisions of chapters 39 -- 44 of title 28.

(2) Section 28-5-17 (Conciliation of charges of unlawful practices).

(3) Chapter 8 of title 13 (Parole).

(4) Any and all acts, decisions, findings or determinations by the administrator of the division of motor vehicles or his or her duly authorized agent and to any and all procedures or hearings before and by said administrator or his or her said agent under the provisions of chapters 10, 11, 31 to 33, inclusive, of title 31.

(5) Procedures of the board of examiners of hoisting engineers under chapter 26 of title 28.

SECTION 2. This act shall take effect upon passage and shall be applicable to all contested cases then pending in the retirement system or in the courts of this state arising out of decisions of the retirement board. Provided, however, that no case shall be dismissed for failure to comply with any provision of the administrative procedures act prior to the passage of this act.

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