§ 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.)
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.