Rhode Island General Laws 23-17.10-4. Right to adjudicatory hearing
(a) Whenever the director seeks to assess an administrative penalty on any person, the person shall have the right to a hearing under chapter 35 of Title 42, the provisions of which shall apply except when they are inconsistent with the provisions of this chapter.
Terms Used In Rhode Island General Laws 23-17.10-4
- Administrative penalty: means a monetary penalty not to exceed the civil penalty specified by statute or, where not specified by statute, an amount not to exceed five thousand dollars ($5,000), plus interest. See Rhode Island General Laws 23-17.10-1
- Director: means the director of the department of health or his or her duly authorized agent. See Rhode Island General Laws 23-17.10-1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means any agency or political subdivision of the state, any state, public or private corporation or authority, individual, trust, firm, joint stock company, partnership, association, or other entity or any group of them or any officer, employee, or agent of them. See Rhode Island General Laws 23-17.10-1
(b) The person shall be deemed to have waived the right to a hearing unless, within ten (10) days of the date of the director’s notice that he or she seeks to assess an administrative penalty, the person files with the director a written statement denying the occurrence of any of the acts or omissions alleged by the director in the notice, or asserting that the money amount of the proposed administrative penalty is excessive. In any hearing authorized pursuant to chapter 35 of Title 42, the director shall, by preponderance of the evidence, prove the occurrence of each act or omission alleged by the director.
(c) If a person waives his or her right to an adjudicatory hearing, the proposed administrative penalty shall be final immediately upon the waiver.
History of Section.
P.L. 1988, ch. 182, § 1.