Rhode Island Code of Regulations Title 500 - Advisory Commission on Historical Cemeteries
Here’s a comprehensive overview of Title 500 – Advisory Commission on Historical Cemeteries in the Rhode Island Code of Regulations:
🪦 Part 1 – Rules & Regulations Governing the Commission (500‑RICR‑00‑00‑1)
📌 Purpose & Scope
§ 1.1 Purpose: Establishes operational procedures for administering the Historical Cemeteries Act. (regulations.justia.com)
§ 1.3 Application: Rules are to be liberally construed to achieve the law’s objectives. (law.cornell.edu)
📜 Authority & Definitions
§ 1.2 Authority: Promulgated under R.I. Gen. Laws Chapter 23‑18.3, giving the Commission power to inventory and study historical cemeteries. (risos-apa-production-public.s3.amazonaws.com)
§ 1.4 Definitions: Establishes terms like “Commission,” “Act,” “Chairperson,” referencing the enabling statute. (risos-apa-production-public.s3.amazonaws.com)
🗓️ Meetings & Governance
§ 1.5 Meetings:
Regular meetings held quarterly (Sep, Nov, Apr, Jun); special sessions require at least 48-hour notice.
Must comply with Open Meetings and Public Records laws; quorum = majority.
Members may miss up to three consecutive meetings; Roberts Rules apply. (risos-apa-production-public.s3.amazonaws.com)
§ 1.6 Officers:
Elect Chair and Vice-Chair annually; nominating committee formed each April ahead of June elections.
Term limits capped at four consecutive years. (risos-apa-production-public.s3.amazonaws.com)
§ 1.7 Secretary:
Appointed by Commission (need not be a member); responsible for preparing and signing minutes. (risos-apa-production-public.s3.amazonaws.com)
🚧 Duties & Operational Limits
§ 1.8 Duties & Limitations:
Commission acts advisory only (no regulatory authority).
Recommendations must align with state law and the Cemetery Handbook.
Must refer disputes to appropriate city/town agencies; full Commission must approve formal referrals. (risos-apa-production-public.s3.amazonaws.com)
🗑️ Supersession
§ 1.9 Superseded Rules: Revokes all previous regulations upon enactment.
👥 Statutory Framework – R.I. Gen. Laws § 23‑18.3‑1
Under state law, the Advisory Commission:
Composition: 18 members—state officials’ designees and 13 public appointees representing counties. (codes.findlaw.com)
Purpose: Study historic cemetery location, condition, inventory, and advise the General Assembly. (risos-apa-production-public.s3.amazonaws.com)
Meetings: Quorum defined by statute; Commission governed by its adopted procedural rules.
⚖️ Authority & Enforcement
These regulations derive authority from R.I. Gen. Laws Chapter 23‑18.3, implement the open meetings/public records requirements, and define the Commission’s role as advisory and procedural in cemetery preservation.
✅ Summary Table
Section
Topic
1.1 – 1.4
Purpose, authority, key definitions
1.5
Meeting protocols: scheduling, quorum, attendance, notice
1.6 – 1.7
Officer elections, term limits, Secretary duties
1.8
Advisory role and operational boundaries
1.9
Repeal of prior rules
§ 23‑18.3‑1
Statutory basis: membership, duties, governance
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