Rhode Island General Laws
Chapter 19-14.8 - Uniform Debt-Management Services Act
Section 19-14.8-33. - Administrative remedies.

§ 19-14.8-33. Administrative remedies.
(a) The director may enforce this chapter and rules adopted under this chapter by taking one or more of the following actions:
(1) Ordering a provider or a director, employee, or other agent of a provider to cease and desist from any violations;
(2) Ordering a provider or a person who or that has caused a violation to correct the violation, including making restitution of money or property to a person aggrieved by a violation;
(3) Subject to adjustment of the dollar amount pursuant to § 19-14.8-32(f), imposing on a provider or a person who or that has caused a violation a civil penalty not exceeding ten thousand dollars ($10,000) for each violation;
(4) Prosecuting a civil action to:
(A) Enforce an order; or
(B) Obtain restitution or an injunction or other equitable relief, or both;
(5) Intervening in an action brought under § 19-14.8-35.
(b) Subject to adjustment of the dollar amount pursuant to § 19-14.8-32(f), if a person violates or knowingly authorizes, directs, or aids in the violation of a final order issued under subsection (a)(1) or (a)(2), the director may impose a civil penalty not exceeding twenty thousand dollars ($20,000) for each violation.
(c) The director may maintain an action to enforce this chapter in any county.
(d) The director may recover the reasonable costs of enforcing the chapter under subsections (a) — (c), including attorney’s fees based on the hours reasonably expended and the hourly rates for attorneys of comparable experience in the community.
(e) In determining the amount of a civil penalty to impose under subsection (a) or (b), the director shall consider the seriousness of the violation; the good faith of the violator; any previous violations by the violator; the deleterious effect of the violation on the public; the net worth of the violator; and any other factor the director considers relevant to the determination of the civil penalty.
History of Section.P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3.

Structure Rhode Island General Laws

Rhode Island General Laws

Title 19 - Financial Institutions

Chapter 19-14.8 - Uniform Debt-Management Services Act

Section 19-14.8-1. - Short title.

Section 19-14.8-2. - Definitions.

Section 19-14.8-3. - Exempt agreements and person.

Section 19-14.8-4. - Registration required.

Section 19-14.8-5. - Application for registration — Form, fee and accompanying documents.

Section 19-14.8-6. - Application for registration — Required information.

Section 19-14.8-7. - Application for registration — Obligation to update.

Section 19-14.8-8. - Application for registration — Public information.

Section 19-14.8-9. - Certificate of registration — Issuance or denial.

Section 19-14.8-10. - Certificate of registration — Timing.

Section 19-14.8-11. - Renewal of registration.

Section 19-14.8-12. - [Repealed.]

Section 19-14.8-13. - Bond required.

Section 19-14.8-14. - Bond required — Substitute.

Section 19-14.8-15. - Requirement of good faith.

Section 19-14.8-16. - Customer service.

Section 19-14.8-17. - Prerequisites for providing debt-management services.

Section 19-14.8-18. - Communication by electronic or other means.

Section 19-14.8-19. - Form and content of agreement.

Section 19-14.8-20. - Cancellation of agreement — Waiver.

Section 19-14.8-21. - Required language.

Section 19-14.8-22. - Trust account.

Section 19-14.8-23. - Fees and other charges.

Section 19-14.8-24. - Voluntary contributions.

Section 19-14.8-25. - Voidable agreements.

Section 19-14.8-26. - Termination of agreements.

Section 19-14.8-27. - Periodic reports and retention of records.

Section 19-14.8-28. - Prohibited acts and practices.

Section 19-14.8-29. - Notice of litigation.

Section 19-14.8-30. - Advertising.

Section 19-14.8-31. - Liability for the conduct of other persons.

Section 19-14.8-32. - Powers of director or director’s designee.

Section 19-14.8-33. - Administrative remedies.

Section 19-14.8-34. - Suspension, revocation or nonrenewal of registration.

Section 19-14.8-35. - Private enforcement.

Section 19-14.8-36. - Violation of unfair or deceptive practices statute.

Section 19-14.8-37. - Statute of limitations.

Section 19-14.8-38. - Uniformity of application and construction.

Section 19-14.8-39. - Relation to Electronic Signatures in Global and National Commerce Act.

Section 19-14.8-40. - Transitional provisions — Application to existing transactions.

Section 19-14.8-41. - Severability.

Section 19-14.8-42. - [Reserved.]

Section 19-14.8-43. - Official comments.