Rhode Island § 42-17.6-4 § 42-17.6-4. Right to adjudicatory hearing.

Rhode Island Statutes

§ 42-17.6-4 — § 42-17.6-4. Right to adjudicatory hearing.

Rhode Island § 42-17.6-4

Title 42State Affairs and Government

Ch. 42-17.6Administrative Penalties for Environmental Violations

This text of Rhode Island § 42-17.6-4 (§ 42-17.6-4. Right to adjudicatory hearing.) is published on Counsel Stack Legal Research, covering Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

R.I. Gen. Laws § 42-17.6-4 (2026).

Text

§ 42-17.6-4. Right to adjudicatory hearing.
(a) Whenever the director seeks to assess an administrative penalty on any person other
            than through an expedited citation issued pursuant to § 42-17.6-3(c), the person shall have the right to an adjudicatory hearing under chapter 35 of this
            title, the provisions of which shall apply except when they are inconsistent with
            the provisions of this chapter.
         
(b) A person shall be deemed to have waived the person's right to an adjudicatory hearing
            unless, within twenty (20) days of the date of the director's notice that the director
            seeks to assess an administrative pen

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§ 42-17.6-4. Right to adjudicatory hearing.

(a) Whenever the director seeks to assess an administrative penalty on any person other than through an expedited citation issued pursuant to § 42-17.6-3(c), the person shall have the right to an adjudicatory hearing under chapter 35 of this title, the provisions of which shall apply except when they are inconsistent with the provisions of this chapter.

(b) A person shall be deemed to have waived the person's right to an adjudicatory hearing unless, within twenty (20) days of the date of the director's notice that the director seeks to assess an administrative penalty, the person files with the director or the clerk of the administrative adjudication division 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 adjudicatory hearing authorized pursuant to chapter 35 of this title, the director shall, by a preponderance of the evidence, prove the occurrence of each act or omission alleged by the director.

(c) If a person waives the person's right to an adjudicatory hearing, the proposed administrative penalty shall be a final agency order immediately upon the waiver. The director may institute injunctive proceedings in the superior court for Providence County for enforcement of the final administrative penalty as a final agency order.

Legislative History

P.L. 1987, ch. 243, § 2; P.L. 1989, ch. 508, § 2; P.L. 2007, ch. 340, § 22; P.L. 2013, ch. 290, § 2; P.L. 2013, ch. 400, § 2; P.L. 2021, ch. 147, § 6, effective July 3, 2021; P.L. 2021, ch. 148, § 6, effective July 3, 2021.