§ 23-24.2-4 - Regulation of flammable fabrics.
SECTION 23-24.2-4
§ 23-24.2-4 Regulation of flammablefabrics. – (a) Whenever the director finds on the basis of the investigations or researchconducted pursuant to § 23-24.2-11 that a new or amended flammabilitystandard or other regulation, including labeling, for a fabric, relatedmaterial, or product may be needed to protect the public against unreasonablerisk of the occurrence of fire leading to death or personal injury, orsignificant property damage, he or she shall institute proceedings for thedetermination of an appropriate flammability standard (including conditions andmanner of testing) or other regulation or amendment to it for the fabric,related material, or product, so that state standards on those products are inconformity with or more stringent than federal regulations.
(b) Each standard, regulation, or amendment to it promulgatedpursuant to this section shall be based on findings that the standard,regulation, or amendment to it is needed to adequately protect the publicagainst unreasonable risk of the occurrence of fire leading to death, injury,or significant property damage, is reasonable, technologically practicable, andappropriate, is limited to those fabrics, related materials, or products whichhave been determined to present unreasonable risks, is in conformity with anyfederal regulations on those products, and shall be stated in objective terms.Each standard, regulation, or amendment to it, shall become effective twelve(12) months from the date on which the standard, regulation, or amendment ispromulgated, unless the director finds for good cause shown that an earlier orlater effective date is in the public interest and publishes the reason forthat finding. Each standard or regulation or amendment to it shall exemptfabrics, related materials, or products in inventory or with the trade as ofthe date on which the standard, regulation, or amendment to it, becomeseffective; except that, if the director finds that this fabric, relatedmaterial, or product is so highly flammable as to be dangerous when used byconsumers for the purpose for which it is intended, he or she may under anyconditions as the director may prescribe, withdraw or limit the exemption forthe fabric, related material, or product.
(c) The director may obtain from any person by regulation orsubpoena issued pursuant to it any information in the form of testimony, books,records, or other writings as is pertinent to the findings or determinationswhich he or she is required or authorized to make pursuant to this chapter. Allinformation reported to or obtained by the director or his or herrepresentative pursuant to this subsection, which information contains or isrelated to trade secrets, processes, operations, style of work, or apparatus,or to identity, confidential statistical data, amount or source of income,profits, losses or expenditures of any person, shall be consideredconfidential; except that the information may be disclosed to other officers oremployees concerned with carrying out this chapter or when relevant in anyproceeding under this chapter. Nothing in this section shall authorize thewithholding of information by the director or any officer or employee under hisor her control, from the duly authorized committees of the general assembly.
(d) The provisions of chapter 35 of title 42 shall apply tothe issuance of all standards or regulations or amendments to it under thissection.
(e) Any person, who will be adversely affected by anystandard or regulation or amendment to it when it is effective, may, at anytime prior to the sixtieth (60th) day after the standard or regulation oramendment to it is issued, file a petition with the Rhode Island superior courtfor the county where that person resides or transacts business or, if thatperson is a nonresident or has no principal place of business within this stateor if the superior court shall not be in session in the counties applicable asprovided, may be brought in the superior court of Providence County for ajudicial review of it. A copy of the petition shall be immediately transmittedby the clerk of the court to the director or other office designated by him orher for that purpose. The director then shall file in the court the record ofthe proceedings on which the director based the standard or regulation, asprovided in § 42-35-15(a).
(2) If the petitioner applies to the court for leave toadduce additional evidence and shows to the satisfaction of the court that theadditional evidence is material and that there were reasonable grounds for thefailure to adduce that evidence in the proceeding before the director, thecourt may order that additional evidence (and evidence in rebuttal of it) to betaken before the director and to be adduced upon the hearing, in any manner andupon any terms and conditions as to the court may deem proper. The director maymodify his or her findings, or make new findings, by reason of the additionalevidence taken, and he or she shall file these modified or new findings, andhis or her recommendations, if any, for the modification or setting aside ofhis or her original standard or regulation or amendment to it with the returnof that additional evidence.
(3) Upon the filing of the petition referred to insubdivision (1) of this subsection, the court shall have jurisdiction to reviewthe standard or regulation in accordance with § 42-35-15 and to grantappropriate relief as provided in this chapter.
(4) The judgment of the court affirming or setting aside, inwhole or in part, this standard or regulation of the director shall be final,subject to review by the supreme court of the state of Rhode Island uponcertiorari or certification as provided in § 42-35-16.
(5) Any action instituted under this subsection shallsurvive, notwithstanding any change in the person occupying the office ofdirector or any vacancy in that office.
(6) The remedies provided for in this subsection shall be inaddition to and not in substitution for any other remedies provided by law.
(f) A certified copy of the transcript of the record andproceedings under subsection (c) shall be furnished by the director to anyinterested party at his or her request, and payment of the costs of thistranscript, and shall be admissible in any criminal or other proceeding arisingunder or in respect of this chapter, whether proceedings concerning thestandard or regulation or amendment to these have previously been initiated orbecome final under subsection (e).