§ 42-17.6-3. Notice of violation and assessment of penalty.
(a) Whenever the director seeks to assess an administrative penalty on any person, the
director shall cause to be served upon the person, either by service in hand, or by
certified mail, return receipt requested, a written notice of its intent to assess
an administrative penalty that shall include:
(1) A concise statement of the alleged act or omission for which the administrative penalty
is sought to be assessed;
(2) Each law, rule, regulation, order, permit, license, or approval that has not been
complied with as a result of the alleged act or omission;
(3) The amount that the director seeks to assess as an administrative penalty for each
alleged act or omission;
(4) A statement of the person's right to an adjudicatory hearing on the proposed assessment;
(5) The requirements the person must comply with to avoid being deemed to have waived
the right to an adjudicatory hearing; and
(6) The manner of payment thereof if the person elects to pay the penalty and waive an
adjudicatory hearing.
(b) After written notice of noncompliance or intent to assess an administrative penalty
has been given, each day thereafter during which the noncompliance occurs or continues
shall constitute a separate offense and shall be subject to a separate administrative
penalty if reasonable efforts have not been made to promptly come into compliance.
(c) For purposes of timely and effective resolution and return to compliance, the director
may cite a person for alleged noncompliance through the issuance of an expedited citation,
which may include assessment of penalties up to five thousand dollars ($5,000). Each
expedited citation shall include a concise statement of the alleged act or omission
that constitutes noncompliance and each law, rule, regulation, order, permit, license,
or approval that has not been complied with; and the person alleged to be in noncompliance
shall have the right at any time to opt out of the alleged expedited citation process.
Failure to respond to an expedited citation shall be deemed as exercising the right
to opt out. An expedited citation shall not take effect without the voluntary agreement
of the person alleged to be in noncompliance. Expedited citations issued under this
section without notice and prior hearing shall be effective no longer than sixty (60)
days from the date of receipt by the person alleged to be in noncompliance. In the
event that the alleged noncompliance and penalty is unresolved and the expedited citation
expires, the director retains the right to issue a separate notice of violation and
order and penalty, subject to appeal pursuant to § 42-17.6-4. A person issued an expedited citation shall have the right at any time during the
sixty-day (60) expedited citation process to request that the director issue a separate
notice of violation and order and penalty, subject to appeal pursuant to § 42-17.6-4.