§ 5-53.1-14 Enforcement and penalties– Director. – (a) Whenever the department, upon its own motion or upon complaint of anyperson has reason to believe that any person is violating any of the provisionsof this chapter, it may, if warranted, take any of the following actions:
(1) Revoke, suspend or deny a registration of a charitableorganization or professional fundraiser or professional solicitor orfundraising counsel;
(2) Assess an administrative fine against the violator of upto one thousand dollars ($1,000) for each act or omission constituting aviolation; provided, that in determining the amount of the fine to be assessed,the director shall take into account factors like the nature and severity ofthe violation and the willfulness of the violation;
(3) Issue an order to that person commanding them to appearbefore the department at a hearing to be held not sooner than ten (10) days norlater than twenty (20) days after issuance of the order to show cause why thedepartment should not issue an order to the person to cease and desist from theviolation of the provisions of this chapter. An order to show cause may beserved on any person by any person by mailing a copy of the order to the personat any address at which that person had done business or at which the personmay live. If upon the hearing the department is satisfied that the person is infact violating any provision of this chapter, then the department shall orderthat person, in writing, to cease and desist from the violation. At anyhearing, the department shall not be bound by common law rules of evidence, butmay receive and consider any statements, documents, and things which shall beconsidered by it necessary or useful in arriving at its decision. If thatperson thereafter fails to comply with the order of the department, thesuperior court for Providence County shall have jurisdiction upon the complaintof the department to restrain and enjoin that person from violating thischapter. The findings and order of the department shall constitute prima facieevidence that the person ordered by the department to cease and desist hasviolated the provisions of this chapter. The attorney general shall afford thedepartment any necessary assistance in obtaining relief in the superior court.
(b) The director shall, before denying, revoking orsuspending any registration or assessing a civil penalty, notify the applicantor registrant in writing and provide an opportunity for hearing in accordancewith the provisions of the Administrative Procedures Act, chapter 35 of title42, and in accordance with other rules and regulations that the director maypromulgate to effectuate the purposes of this chapter. Any person who hasexhausted all administrative remedies available to him or her and who isaggrieved by a final decision of the department shall be entitled to judicialreview in accordance with the provisions of the Administrative Procedures Act,chapter 35 of title 42. The written notice may be served by personal deliveryto the person or by regular mail to his, her or its last known businessaddress. A hearing must be requested within thirty (30) days of receipt of thenotice from the director or shall be automatically waived. Any hearing shall beheld within thirty (30) days of the receipt of the request by the director, ata time and place that the director shall prescribe. The director or thedirector's designee may issue subpoenas in accordance with the laws of RhodeIsland, compel the attendance of witnesses at the hearing, administer oaths,take proof and make determinations of relevant facts. The respondent may appearat the hearing and may cross-examine all witnesses and produce evidence on his,her or its behalf. The director or the director's designee shall not be boundby the rules of evidence during the conduct of the hearing. A finaldetermination shall be made by the director or the director's designee.
§ 5-53.1-14 Enforcement and penalties– Director. – (a) Whenever the department, upon its own motion or upon complaint of anyperson has reason to believe that any person is violating any of the provisionsof this chapter, it may, if warranted, take any of the following actions:
(1) Revoke, suspend or deny a registration of a charitableorganization or professional fundraiser or professional solicitor orfundraising counsel;
(2) Assess an administrative fine against the violator of upto one thousand dollars ($1,000) for each act or omission constituting aviolation; provided, that in determining the amount of the fine to be assessed,the director shall take into account factors like the nature and severity ofthe violation and the willfulness of the violation;
(3) Issue an order to that person commanding them to appearbefore the department at a hearing to be held not sooner than ten (10) days norlater than twenty (20) days after issuance of the order to show cause why thedepartment should not issue an order to the person to cease and desist from theviolation of the provisions of this chapter. An order to show cause may beserved on any person by any person by mailing a copy of the order to the personat any address at which that person had done business or at which the personmay live. If upon the hearing the department is satisfied that the person is infact violating any provision of this chapter, then the department shall orderthat person, in writing, to cease and desist from the violation. At anyhearing, the department shall not be bound by common law rules of evidence, butmay receive and consider any statements, documents, and things which shall beconsidered by it necessary or useful in arriving at its decision. If thatperson thereafter fails to comply with the order of the department, thesuperior court for Providence County shall have jurisdiction upon the complaintof the department to restrain and enjoin that person from violating thischapter. The findings and order of the department shall constitute prima facieevidence that the person ordered by the department to cease and desist hasviolated the provisions of this chapter. The attorney general shall afford thedepartment any necessary assistance in obtaining relief in the superior court.
(b) The director shall, before denying, revoking orsuspending any registration or assessing a civil penalty, notify the applicantor registrant in writing and provide an opportunity for hearing in accordancewith the provisions of the Administrative Procedures Act, chapter 35 of title42, and in accordance with other rules and regulations that the director maypromulgate to effectuate the purposes of this chapter. Any person who hasexhausted all administrative remedies available to him or her and who isaggrieved by a final decision of the department shall be entitled to judicialreview in accordance with the provisions of the Administrative Procedures Act,chapter 35 of title 42. The written notice may be served by personal deliveryto the person or by regular mail to his, her or its last known businessaddress. A hearing must be requested within thirty (30) days of receipt of thenotice from the director or shall be automatically waived. Any hearing shall beheld within thirty (30) days of the receipt of the request by the director, ata time and place that the director shall prescribe. The director or thedirector's designee may issue subpoenas in accordance with the laws of RhodeIsland, compel the attendance of witnesses at the hearing, administer oaths,take proof and make determinations of relevant facts. The respondent may appearat the hearing and may cross-examine all witnesses and produce evidence on his,her or its behalf. The director or the director's designee shall not be boundby the rules of evidence during the conduct of the hearing. A finaldetermination shall be made by the director or the director's designee.
§ 5-53.1-14 Enforcement and penalties– Director. – (a) Whenever the department, upon its own motion or upon complaint of anyperson has reason to believe that any person is violating any of the provisionsof this chapter, it may, if warranted, take any of the following actions:
(1) Revoke, suspend or deny a registration of a charitableorganization or professional fundraiser or professional solicitor orfundraising counsel;
(2) Assess an administrative fine against the violator of upto one thousand dollars ($1,000) for each act or omission constituting aviolation; provided, that in determining the amount of the fine to be assessed,the director shall take into account factors like the nature and severity ofthe violation and the willfulness of the violation;
(3) Issue an order to that person commanding them to appearbefore the department at a hearing to be held not sooner than ten (10) days norlater than twenty (20) days after issuance of the order to show cause why thedepartment should not issue an order to the person to cease and desist from theviolation of the provisions of this chapter. An order to show cause may beserved on any person by any person by mailing a copy of the order to the personat any address at which that person had done business or at which the personmay live. If upon the hearing the department is satisfied that the person is infact violating any provision of this chapter, then the department shall orderthat person, in writing, to cease and desist from the violation. At anyhearing, the department shall not be bound by common law rules of evidence, butmay receive and consider any statements, documents, and things which shall beconsidered by it necessary or useful in arriving at its decision. If thatperson thereafter fails to comply with the order of the department, thesuperior court for Providence County shall have jurisdiction upon the complaintof the department to restrain and enjoin that person from violating thischapter. The findings and order of the department shall constitute prima facieevidence that the person ordered by the department to cease and desist hasviolated the provisions of this chapter. The attorney general shall afford thedepartment any necessary assistance in obtaining relief in the superior court.
(b) The director shall, before denying, revoking orsuspending any registration or assessing a civil penalty, notify the applicantor registrant in writing and provide an opportunity for hearing in accordancewith the provisions of the Administrative Procedures Act, chapter 35 of title42, and in accordance with other rules and regulations that the director maypromulgate to effectuate the purposes of this chapter. Any person who hasexhausted all administrative remedies available to him or her and who isaggrieved by a final decision of the department shall be entitled to judicialreview in accordance with the provisions of the Administrative Procedures Act,chapter 35 of title 42. The written notice may be served by personal deliveryto the person or by regular mail to his, her or its last known businessaddress. A hearing must be requested within thirty (30) days of receipt of thenotice from the director or shall be automatically waived. Any hearing shall beheld within thirty (30) days of the receipt of the request by the director, ata time and place that the director shall prescribe. The director or thedirector's designee may issue subpoenas in accordance with the laws of RhodeIsland, compel the attendance of witnesses at the hearing, administer oaths,take proof and make determinations of relevant facts. The respondent may appearat the hearing and may cross-examine all witnesses and produce evidence on his,her or its behalf. The director or the director's designee shall not be boundby the rules of evidence during the conduct of the hearing. A finaldetermination shall be made by the director or the director's designee.
