Rhode Island § 16-40-9 § 16-40-9. Prosecution of violations — Forfeiture of charter.

Rhode Island Statutes

§ 16-40-9 — § 16-40-9. Prosecution of violations — Forfeiture of charter.

Rhode Island·Title 16 Education·Ch. 16-40 Private Schools [See Title 16 Chapter 97 â€” The Rhode Island Board of Education Act]

§ 16-40-9. Prosecution of violations — Forfeiture of charter.
The district court for the sixth division is empowered, upon the filing of a complaint
            in writing, duly verified, which verification when made by the department of elementary
            and secondary education or the office of higher education may be made upon information
            and belief that any person has violated the provisions of this chapter, to issue process
            in the nature of a summons at the suit of the department or office as plaintiff; the
            summons shall be returnable in not less than five (5) and not more than fifteen (15)
            entire days; the process shall state in what respect this chapter has been

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§ 16-40-9. Prosecution of violations — Forfeiture of charter.

The district court for the sixth division is empowered, upon the filing of a complaint in writing, duly verified, which verification when made by the department of elementary and secondary education or the office of higher education may be made upon information and belief that any person has violated the provisions of this chapter, to issue process in the nature of a summons at the suit of the department or office as plaintiff; the summons shall be returnable in not less than five (5) and not more than fifteen (15) entire days; the process shall state in what respect this chapter has been violated by the defendant or defendants, and upon the return of the process, or at any time to which the trial shall be adjourned, the court shall proceed in a summary manner to hear testimony and to determine and give judgment in the matter, without the filing of any further pleadings for the plaintiff, for the recovery of the penalty with costs, or for the defendant or defendants, and the court shall, if judgment is rendered for the plaintiff, cause the defendant or defendants other than a body corporate who may refuse or fail immediately to pay the amount of the judgment rendered against the defendant or defendants, and all the costs and charges incident to it, to be imprisoned for any period not exceeding ninety (90) days. Upon any conviction under this section, the department or office shall immediately file in the office of the secretary of state as a public record the name of the corporation convicted or the name of any corporation whose officer or agent shall have been convicted, and upon filing, the charter or articles of association of the corporation shall become forfeited by reason of the conviction and the corporation shall cease to be a body corporate, except as provided in § 7-1.2-1324, and the secretary of state shall immediately mail a notice of the forfeiture of charter or articles of association to the corporation at its last known address, but failure to receive the notice shall not invalidate the notice.

Rhode Island § 16-40-9 (§ 16-40-9. Prosecution of violations — Forfeiture of charter.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

P.L. 1932, ch. 1897, § 6; G.L. 1938, ch. 200, § 6; impl. am. P.L. 1951, ch. 2752, § 21; G.L. 1956, § 16-40-9; P.L. 1969, ch. 239, § 32; P.L. 2005, ch. 36, § 11; P.L. 2005, ch. 72, § 11.