Title 5, Title 5 and Professions

As used in this chapter: (a) “Administrative fee” means the fee charged to a client by a professional employer organization for professional employer services. The administrative fee shall not be deemed to include any amount of a fee by the professional employer organization that…

(a) Collective bargaining agreements. Nothing in this chapter or in any professional employer agreement shall affect, modify, or amend any collective bargaining agreement, or the rights or obligations of any client, PEO, or covered employee under the federal National Labor Relati…

(a) Registration required. Except as otherwise provided in this chapter, no person shall provide, advertise, or otherwise hold itself out as providing professional employer services in this state, unless the person is registered under this chapter and in conformance with the requ…

(a) Initial registration. Upon filing an initial registration statement under this chapter, a PEO shall pay an annual initial registration fee not to exceed five hundred dollars ($500). The fee shall be prorated based upon an expiration date of July 31. (b) Renewal. Upon each ann…

Each PEO shall maintain a bond or securities with a minimum market value of fifty thousand dollars ($50,000) held by a depository designated by the department securing payment by the PEO of all taxes, wages, benefits, or other entitlement due to, or with respect to, covered emplo…

(a) Contractual relationship. Except as specifically provided in this chapter, the co-employment relationship between the client and the PEO, and between each co-employer and each covered employee, shall be governed by the professional employer agreement. (1) Nothing contained in…

(a) A client and a PEO shall each be deemed an employer for purposes of sponsoring retirement and welfare benefit plans for its covered employees. (b) A fully-insured welfare benefit plan offered to the covered employees of a single PEO shall be considered a single-employer welfa…

(a) The responsibility to obtain workers’ compensation coverage for covered employees, from a carrier licensed to do business in this state and otherwise in compliance with all applicable requirements, shall be specifically allocated in the professional employer agreement to eith…

It is found that in order to assure the effective and efficient administration of the tax laws of the State of Rhode Island, it is essential that the state collect taxes owed it in a timely manner. Failure to collect delinquent taxes is detrimental to the health and safety of the…

(a) Any person applying to any department, board, commission, division, authority, or other agency of this state for any license or other authority to conduct a profession, trade, or business, shall certify upon such application, under penalties of perjury, that such person has f…

Every department, board, commission, division, authority, or other agency of this state that issues or renews a license or other authority to conduct a profession, trade, or business shall annually, ninety (90) days prior to the renewal date of any license or on June 30 if such l…

(a) If the tax administrator determines from the information furnished pursuant to § 5-76-3, or otherwise, that any person who holds a license issued by any agency has neglected or refused to file any tax returns or to pay any tax administered by the tax administrator and that su…

(a) Notwithstanding any other provision of any general law, if after opportunity for conference pursuant to § 5-76-4(b), an agency or authority has been notified by the tax administrator that a licensee is delinquent in filing returns and/or remitting taxes due, the agency or aut…

If the licensee files an overdue return and/or remits past due taxes in order to apply for or renew a license, the late filing and/or payment shall not be an admission of a violation of any criminal tax statute regarding late filing and/or late payment. The tax administrator shal…

The provisions of this chapter shall not apply to the certification of liquor license renewal governed by § 3-7-24, as amended, or the certification of employee leasing and payroll companies governed by § 44-30-71.4, as amended.

If any provision of this chapter or the application thereof shall for any reason be judged invalid, that judgment shall not affect, impair, or invalidate the remainder of the law, but shall be confined in its effect to the provision or application directly involved in the controv…

In the town of Burrillville, any establishment that applies to the Burrillville Town Council for a license under this chapter shall file with the application a certificate of insurance evidencing comprehensive, general-liability coverage in the minimum amount of three hundred tho…

As used in this chapter: (a) “Buyer” means any person entering into a social referral services contract with a seller. (b) “Person” means a natural person, partnership, corporation, association, or any other legal entity. (c) “Seller” means any person offering social referral ser…

(a) Each contract for social referral services shall provide that such contract may be cancelled at any time up until midnight of the third (3rd) business day after the date of receipt by the buyer of a copy of the written contract, by written notice, delivered by electronic mail…

Any violation of any provision of § 5-78-2 shall be deemed an unfair or deceptive trade practice under chapter 13.1 of title 6.

As used in this chapter: (1) “Contract” means any agreement, or any term in any agreement, between a foreclosure consultant and an owner for the rendition of any services as defined in subsection (8). (2) “Foreclosure consultant” means any person who, directly or indirectly, make…

(a) In addition to any other right under law to rescind a contract, an owner has the right to cancel such a contract until midnight of the third (3rd) business day after the day on which the owner signs a contract that complies with § 5-79-3. (b) Cancellation occurs when the owne…

(a) Every contract must be in writing and must fully disclose the exact nature of the foreclosure consultant’s services and the total amount and terms of compensation. (b) The following notice, printed in at least fourteen (14) point boldface type and completed with the name of t…

It is a violation for a foreclosure consultant to: (1) Claim, demand, charge, collect, or receive any compensation until after the foreclosure consultant has fully performed each and every service the foreclosure consultant contracted to perform or represented he or she would per…

Any waiver by an owner of the provisions of §§ 5-79-1 — 5-79-9 is void and unenforceable as contrary to public policy. Any attempt by a foreclosure consultant to induce an owner to waive the owner’s rights is a violation of §§ 5-79-1 — 5-79-9.

(a) Any violation of §§ 5-79-1 — 5-79-9 is considered to be a violation of § 6-13.1-2, and all remedies of § 6-13.1-5.2 are available for such an action. A private cause of action under § 6-13.1-5.2 by a foreclosed homeowner is in the public interest. An owner may bring an action…

Any person who commits any violation described in § 5-79-4 may, upon conviction, be fined not more than ten thousand dollars ($10,000) or imprisoned for not more than one year, or both. Prosecution or conviction for any violation described in § 5-79-4 will not bar prosecution or …

If any provision of §§ 5-79-1 — 5-79-9 or the application of any of these provisions to any person or circumstance is held to be unconstitutional and void, the remainder of §§ 5-79-1 — 5-79-9 remains valid.

Any provision in a contract that attempts or purports to require arbitration of any dispute arising under §§ 5-79-1 — 5-79-9 is void at the option of the owner.

As used for §§ 5-80-1 — 5-80-9: (a) “Foreclosed homeowner” means an owner of residential real property, including a condominium, that is the primary residence of the owner and whose mortgage on the real property is or was in foreclosure. (b) “Foreclosure conveyance” means a trans…

A foreclosure purchaser shall enter into every foreclosure reconveyance in the form of a written contract. Every contract must be written in letters of a size equal to at least twelve-point (12) boldface type, in the same language principally used by the foreclosure purchaser and…

(a) Every contract required by § 5-80-2 must contain the entire agreement of the parties and must include the following terms: (1) The name, business address, and the telephone number of the foreclosure purchaser; (2) The address of the residence in foreclosure; (3) The total con…

(a) In addition to any other right of rescission, the foreclosed homeowner has the right to cancel any contract with a foreclosure purchaser until midnight of the fifth (5th) business day following the day on which the foreclosed homeowner signs a contract that complies with §§ 5…

(a) The contract must contain in immediate proximity to the space reserved for the foreclosed homeowner’s signature a conspicuous statement in a size equal to at least fourteen-point (14) boldface type, if the contract is printed, or in capital letters if the contract is typed, a…

Any waiver of the provisions of §§ 5-80-1 — 5-80-9 is void and unenforceable as contrary to public policy except a consumer may waive the five-day (5) right to cancel provided in § 5-80-4 if the property is subject to a foreclosure sale within the five (5) business days, and the …

Any provision in a contract that attempts or purports to require arbitration of any dispute arising under §§ 5-80-1 — 5-80-9 is void at the option of the owner.

A foreclosure purchaser shall not: (1) Enter into, or attempt to enter into, a foreclosure reconveyance with a foreclosed homeowner unless: (i) The foreclosure purchaser verifies and can demonstrate that the foreclosed homeowner has a reasonable ability to pay for the subsequent …

(a) Remedies. A violation of §§ 5-80-1 — 5-80-8 is considered to be a violation of § 6-13.1-2 and all the remedies of § 6-13.1-5.2 are available for such an action. A private right of action under § 6-13.1-5.2 by a foreclosed homeowner is in the public interest. (b) Exemplary dam…

In order to safeguard life, health, and property and to promote the public welfare, the practice of land surveying in this state is declared to be subject to regulation in the public interest. It is unlawful for any person to practice, or to offer to practice, land surveying in t…

(a) Surveyors previously registered. Each land surveyor holding a certificate of registration under the laws of this state as previously in effect shall be deemed registered as a professional land surveyor under this chapter. (b) Surveyors-in-training previously registered. Each …

(a) The fees paid by an applicant for filing an application for examination or for renewal shall be determined by the board and shall not exceed one hundred eighty dollars ($180) per year, plus any administrative costs associated with an application for examination, reexamination…

(a) A registrant under this chapter may obtain a Rhode Island seal of the design authorized by the board of land surveyors, bearing the registrant’s name, registration number, and the legend “Professional Land Surveyor.” Final surveys, drawings, reports, plats, replats, plans, le…

(a) Exemption clause. This chapter shall not be construed to prevent or to affect: (1) Employees and subordinates. The work of an employee or subordinate of a person holding a certificate of registration under this chapter; provided, that the work does not include final land surv…

It is unlawful for any person to practice or offer to practice land surveying in this state, as defined by this chapter, or to use in connection with his or her name or assume or advertise any title or description tending to convey the impression that he or she is a land surveyor…

(a) Revocation, suspension, and censure. After notice and a hearing as provided in this section, the director may in his or her discretion or upon recommendation of the board: (1) Suspend, revoke, or take other permitted action with respect to any certificate of registration; (2)…

Any person aggrieved by any decision or ruling of the department may appeal that decision in accordance with the provisions of chapter 35 of title 42.