Section 230-RICR-10-00-2.16 - PenaltiesA. In determining the appropriate penalty to impose on a Party found to be in violation of a statute(s) or regulation(s), the Presiding Officer shall look to past precedence of the Department for guidance and may consider any mitigating or aggravating circumstances. 1. Mitigating circumstances may include, but shall not be limited to, the following: the Party's licensing history, i.e., the absence of prior disciplinary actions; the Party's acceptance of responsibility for any violations; the Party's cooperation with the Department; and the Party's willingness to give a full, trustworthy, honest explanation of the matter at issue.2. Aggravating circumstances may include, but shall not be limited to, the following: the Party's prior disciplinary history; the Party's lack of cooperation and/or candor with the Department; the seriousness of the violation; whether the Party's act undermines the regulatory scheme at issue; whether there has been harm to the public; and whether the Party's act demonstrates dishonesty, untrustworthiness, or incompetency.B. The finding of mitigating factors will not necessarily lead to a reduction in the penalty imposed if the circumstances of the violations found by the Presiding Officer are such that they do not warrant a reduction in penalty.230 R.I. Code R. 230-RICR-10-00-2.16
Amended effective 3/22/2023
Amended effective 1/25/2024