§ 46-23-7.1. Administrative penalties.
Any person who violates, or refuses or fails to obey, any notice or order issued pursuant
to § 46-23-7(a); or any assent, order, or decision of the council, may be assessed an administrative
penalty by the chairperson or executive director in accordance with the following:
(1) The chairperson or executive director is authorized to assess an administrative penalty
of not more than ten thousand dollars ($10,000) for each violation of this section,
and is authorized to assess additional penalties of not more than one thousand ($1,000)
for each day during which this violation co
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§ 46-23-7.1. Administrative penalties.
Any person who violates, or refuses or fails to obey, any notice or order issued pursuant
to § 46-23-7(a); or any assent, order, or decision of the council, may be assessed an administrative
penalty by the chairperson or executive director in accordance with the following:
(1) The chairperson or executive director is authorized to assess an administrative penalty
of not more than ten thousand dollars ($10,000) for each violation of this section,
and is authorized to assess additional penalties of not more than one thousand ($1,000)
for each day during which this violation continues after receipt of a cease-and-desist
order from the council pursuant to § 46-23-7(a), but in no event shall the penalties in aggregate exceed fifty thousand dollars ($50,000).
Prior to the assessment of a penalty under this subdivision, the property owner or
person committing the violation shall be notified by certified mail or personal service
that a penalty is being assessed. The notice shall include a reference to the section
of the law, rule, regulation, assent, order, or permit condition violated; a concise
statement of the facts alleged to constitute the violation; a statement of the amount
of the administrative penalty assessed; and a statement of the party's right to an
administrative hearing.
(2) The party shall have twenty-one (21) days from receipt of the notice within which
to deliver to the council a written request for a hearing. This request shall specify
in detail the statements contested by the party. The executive director shall designate
a person to act as hearing officer. If no hearing is requested, then after the expiration
of the twenty-one (21) day period, the council shall issue a final order assessing
the penalty specified in the notice. The penalty is due when the final order is issued.
If the party shall request a hearing, any additional daily penalty shall not commence
to accrue until the council issues a final order.
(3) If a violation is found to have occurred, the council may issue a final order assessing
not more than the amount of the penalty specified in the notice. The penalty is due
when the final order is issued.
(4) The party may within thirty (30) days appeal the final order, of fine assessed by
the council to the superior court which shall hear the assessment of the fine de novo.