§ 23-24.6-27. Administrative fines.
(a) In addition to any other enforcement authority granted under this chapter, whenever on the basis of any information, the department determines that a person has violated, or is in violation of § 23-24.6-12, 23-24.6-13, 23-24.6-14 or 23-24.6-17 regarding lead hazard reduction, or § 23-24.6-20 regarding licensure, any rule or regulation promulgated pursuant to any of these sections, or any orders issued under any of these sections, rules, or regulations, the director may issue an order fining the person an amount not to exceed five thousand dollars ($5,000) per day for each current or past violation, requiring compliance immediately or within a specified time period, or both. Each day of continued violation may be considered a separate violation. Each violation in any premises may be considered a separate violation.
(b) In addition to any other enforcement authority granted under this chapter, whenever on the basis of any information, the department determines that a person has violated, or is in violation of, § 23-24.6-15 regarding inspections, any rule or regulation promulgated pursuant to that section, or any orders issued under that section’s rules or regulations, the director may issue an order civilly fining the person one hundred dollars ($100) per day for any current or past violation, requiring compliance immediately or within a specified time period, or both. Each day of continued violation may be considered a separate violation. Each violation in any premises may be considered a separate violation.
(c) Within thirty (30) days after any order issued pursuant to this section is served, the order shall become final unless the person or persons named in the order request a hearing. Upon that request, the director shall conduct a hearing as soon as reasonably possible.
(d) In connection with any proceeding under this section, the director may issue subpoenas for attendance and testimony of witnesses and the production of papers, books, documents, and other materials.
(e) If any person liable to pay any civil fine neglects or refuses to pay after demand, the amount, together with interest and any other costs that may accrue, shall be a lien in favor of the state upon only the real property of the person that is subject to the order only after the lien has been entered and recorded in the city/town in which the property is situated.
(f) In determining the amount of any civil fine pursuant to this section, the director shall consider the willfulness of the violation; the circumstances and severity of the violation; the ability of the violator to comply; damage or injury to public health and welfare including elevated blood levels of impacted children, environmental damage to the premises and neighborhood, possible economic benefits realized by the violator; the costs incurred by the state; and any other relevant factors.
(g) The director shall issue regulations to implement this section. At a minimum, the regulations shall set forth how long after receiving any order from the director or any other notice of a violation a person has to comply with the law before civil fines will be assessed, the circumstances in which no grace period will apply, the circumstances in which any grace period may be extended, and the procedure and times frames to request an extension. The regulations shall also include a penalty matrix to be used as a guide in the calculation of a fine levied pursuant to this section.
(h) Any fines levied pursuant to this section shall be done in lieu of any civil penalties issued pursuant to § 45-24.3-18(a), and no housing authority shall issue any civil penalty for the same violation.
History of Section.P.L. 1994, ch. 54, § 1; P.L. 2001, ch. 86, § 10; P.L. 2014, ch. 428, § 1; P.L. 2014, ch. 446, § 1.
Structure Rhode Island General Laws
Chapter 23-24.6 - Lead Poisoning Prevention Act
Section 23-24.6-1. - Short title.
Section 23-24.6-2. - Legislative findings.
Section 23-24.6-3. - Declaration of purposes.
Section 23-24.6-4. - Definitions.
Section 23-24.6-5. - Environmental lead program.
Section 23-24.6-6. - Interagency coordinating council on environmental lead.
Section 23-24.6-7. - Screening by health care providers.
Section 23-24.6-8. - Screening prior to child care or school enrollment.
Section 23-24.6-9. - Reimbursement by third party payers.
Section 23-24.6-10. - Lead screening restricted receipt account.
Section 23-24.6-11. - Reporting of cases of lead poisoning.
Section 23-24.6-12. - Comprehensive environmental lead inspections.
Section 23-24.6-13. - State inspectors.
Section 23-24.6-14. - Inspection of child care facilities.
Section 23-24.6-15. - Inspections of rental property.
Section 23-24.6-16. - Notice prior to residential property transfer.
Section 23-24.6-17. - Lead hazard reduction.
Section 23-24.6-18. - Revisions to Housing Maintenance and Occupancy Code.
Section 23-24.6-19. - Fugitive dust.
Section 23-24.6-19.1. - Sale of abrasive materials for removal of paint.
Section 23-24.6-21. - Laboratory testing and reporting requirement certification.
Section 23-24.6-22. - Licensure and certification — Receipts.
Section 23-24.6-23. - Compliance and enforcement.
Section 23-24.6-24. - Exemptions.
Section 23-24.6-25. - Interpretation and severability.