State Codes and Statutes

Statutes > Rhode-island > Title-23 > Chapter-23-24-6 > 23-24-6-27

SECTION 23-24.6-27

   § 23-24.6-27  Administrative fines. –(a) In addition to any other enforcement authority granted under this chapter,whenever on the basis of any information, the department determines that aperson has violated or is in violation of § 23-24.6-12, 23-24.6-13,23-24.6-14 or 23-24.6-15 regarding inspections, § 23-24.6-17 regardinglead hazard reduction, or § 23-24.6-20 regarding licensure orcertification, any rule or regulation promulgated pursuant to any of thesesections, or any orders issued under any of these sections, rules orregulations, the director may issue an order civilly fining the person onehundred dollars ($100) per day for any current or past violation, requiringcompliance immediately or within a specified time period, or both. Each day ofcontinued violation may be considered a separate violation. Each violation inany premises may be considered a separate violation.

   (b) Within thirty (30) days after any order issued pursuantto this section is served, the order shall become final unless the person orpersons named in the order request a hearing. Upon that request, the directorshall conduct a hearing as soon as reasonably possible.

   (c) In connection with any proceeding under this section thedirector may issue subpoenas for attendance and testimony of witnesses and theproduction of papers, books, documents, and other materials.

   (d) If any person liable to pay any civil fine neglects orrefuses to pay after demand, the amount together with interest and any othercosts that may accrue shall be a lien in favor of the state upon only the realproperty of the person which is subject to the order only after the lien hasbeen entered and recorded in the city/town in which the property is situated.

   (e) In determining the amount of any civil fine pursuant tothis section, the director shall consider the willfulness of the violation, theability of the violator to comply, damage or injury to public health andwelfare, the costs incurred by the state, and any other relevant factors.

   (f) The director shall issue regulations to implement thissection. At a minimum, the regulations shall set forth how long after receivingany order from the director or any other notice of a violation a person has tocomply with the law before civil fines will be assessed, the circumstances inwhich no grace period will apply, the circumstances in which any grace periodmay be extended, and the procedure and times frames to request an extension.

   (g) Any fines levied pursuant to this section shall be donein lieu of any civil penalties issued pursuant to § 45-24.3-18(a), and nohousing authority shall issue any civil penalty for the same violation.

State Codes and Statutes

Statutes > Rhode-island > Title-23 > Chapter-23-24-6 > 23-24-6-27

SECTION 23-24.6-27

   § 23-24.6-27  Administrative fines. –(a) In addition to any other enforcement authority granted under this chapter,whenever on the basis of any information, the department determines that aperson has violated or is in violation of § 23-24.6-12, 23-24.6-13,23-24.6-14 or 23-24.6-15 regarding inspections, § 23-24.6-17 regardinglead hazard reduction, or § 23-24.6-20 regarding licensure orcertification, any rule or regulation promulgated pursuant to any of thesesections, or any orders issued under any of these sections, rules orregulations, the director may issue an order civilly fining the person onehundred dollars ($100) per day for any current or past violation, requiringcompliance immediately or within a specified time period, or both. Each day ofcontinued violation may be considered a separate violation. Each violation inany premises may be considered a separate violation.

   (b) Within thirty (30) days after any order issued pursuantto this section is served, the order shall become final unless the person orpersons named in the order request a hearing. Upon that request, the directorshall conduct a hearing as soon as reasonably possible.

   (c) In connection with any proceeding under this section thedirector may issue subpoenas for attendance and testimony of witnesses and theproduction of papers, books, documents, and other materials.

   (d) If any person liable to pay any civil fine neglects orrefuses to pay after demand, the amount together with interest and any othercosts that may accrue shall be a lien in favor of the state upon only the realproperty of the person which is subject to the order only after the lien hasbeen entered and recorded in the city/town in which the property is situated.

   (e) In determining the amount of any civil fine pursuant tothis section, the director shall consider the willfulness of the violation, theability of the violator to comply, damage or injury to public health andwelfare, the costs incurred by the state, and any other relevant factors.

   (f) The director shall issue regulations to implement thissection. At a minimum, the regulations shall set forth how long after receivingany order from the director or any other notice of a violation a person has tocomply with the law before civil fines will be assessed, the circumstances inwhich no grace period will apply, the circumstances in which any grace periodmay be extended, and the procedure and times frames to request an extension.

   (g) Any fines levied pursuant to this section shall be donein lieu of any civil penalties issued pursuant to § 45-24.3-18(a), and nohousing authority shall issue any civil penalty for the same violation.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-23 > Chapter-23-24-6 > 23-24-6-27

SECTION 23-24.6-27

   § 23-24.6-27  Administrative fines. –(a) In addition to any other enforcement authority granted under this chapter,whenever on the basis of any information, the department determines that aperson has violated or is in violation of § 23-24.6-12, 23-24.6-13,23-24.6-14 or 23-24.6-15 regarding inspections, § 23-24.6-17 regardinglead hazard reduction, or § 23-24.6-20 regarding licensure orcertification, any rule or regulation promulgated pursuant to any of thesesections, or any orders issued under any of these sections, rules orregulations, the director may issue an order civilly fining the person onehundred dollars ($100) per day for any current or past violation, requiringcompliance immediately or within a specified time period, or both. Each day ofcontinued violation may be considered a separate violation. Each violation inany premises may be considered a separate violation.

   (b) Within thirty (30) days after any order issued pursuantto this section is served, the order shall become final unless the person orpersons named in the order request a hearing. Upon that request, the directorshall conduct a hearing as soon as reasonably possible.

   (c) In connection with any proceeding under this section thedirector may issue subpoenas for attendance and testimony of witnesses and theproduction of papers, books, documents, and other materials.

   (d) If any person liable to pay any civil fine neglects orrefuses to pay after demand, the amount together with interest and any othercosts that may accrue shall be a lien in favor of the state upon only the realproperty of the person which is subject to the order only after the lien hasbeen entered and recorded in the city/town in which the property is situated.

   (e) In determining the amount of any civil fine pursuant tothis section, the director shall consider the willfulness of the violation, theability of the violator to comply, damage or injury to public health andwelfare, the costs incurred by the state, and any other relevant factors.

   (f) The director shall issue regulations to implement thissection. At a minimum, the regulations shall set forth how long after receivingany order from the director or any other notice of a violation a person has tocomply with the law before civil fines will be assessed, the circumstances inwhich no grace period will apply, the circumstances in which any grace periodmay be extended, and the procedure and times frames to request an extension.

   (g) Any fines levied pursuant to this section shall be donein lieu of any civil penalties issued pursuant to § 45-24.3-18(a), and nohousing authority shall issue any civil penalty for the same violation.