100 R.I. Code R. 100-RICR-70-00-1.15

Current through December 3, 2024

Section 100-RICR-70-00-1.15 - Penalties

A. A penalty of up to five thousand dollars ($5,000) per violation, and/or revocation of the applicable registration for a period of up to three (3) years may be imposed for a violation of these regulations, including but not limited to:

1. Failure to register;

2. Failure to file reports; or

3. Filing and not correcting non-conforming reports.

B. The amount of the penalty imposed for a violation depends upon the facts and circumstances, and is up to the Secretary's discretion, based upon but not limited to:

1. Whether the violation was willful and knowing or unintentional;

2. Whether and to what degree there have been repeat violations by the same Person within the immediately preceding five (5) years;

3. The severity of the delinquency; and

4. The duration of time between initial notice of the delinquency by the Secretary and the date of compliance.

C. The Secretary will maintain a record of all violations and fines issued, in accordance with the Rhode Island Department of State Records Retention Schedule.

D. The initial penalty for Minor Infractions shall be twenty-five dollars ($25.00). Where the minor infraction is not corrected within seven (7) days of the notice of non-compliance provided by the Secretary, an additional penalty of two dollars ($2.00) per day will be assessed from the date of the non-compliance notice until the violation is corrected, up to a maximum of two thousand dollars ($2,000) per violation.

E. Notwithstanding the penalties set forth above, the Secretary may issue a warning and directive to comply with these regulations and the Act to an offender who has not committed any other violations or received any other warnings concerning these regulations in the past five (5) years.

F. The Secretary may refer a knowing and willful violation of these regulations to the attorney general for prosecution. In addition to the civil penalties set forth in this Section, a knowing and willful violation may result in a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000) and/or imprisonment for up to one (1) year.

G. In assessing a penalty pursuant to § 1.15(A), the Secretary shall include a written explanation of the factors considered and used in determining the specific amount of the penalty or length of registration revocation imposed on the violator.

100 R.I. Code R. 100-RICR-70-00-1.15

Adopted effective 4/17/2024