TITLE 42
State Affairs and Government

CHAPTER 42-8.2
State Register

SECTION 42-8.2-7


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

(a) A document required to be published by § 42-8.2-5 in the state register is not valid as against a person who has not had actual knowledge thereof until the duplicate originals or certified copies of the document have been filed with the office of the secretary of state and a copy made available for public inspection as provided by § 42-8.2-3. Unless otherwise specifically provided by statute, filing the document required or authorized to be published by § 42-8.2-5, except in cases where notice by publication is insufficient in law, is sufficient to give notice of the contents of the document to a person subject to or affected by it.

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

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

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

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

(4) That all requirements of this chapter and the regulations prescribed hereunder relative to the document have been complied with. The contents of the state register shall be judicially noticed and without prejudice to any other mode of citation, may be cited by volume and page number.

History of Section.
(P.L. 1992, ch. 264, § 1; P.L. 2007, ch. 340, § 10.)