Current through December 3, 2024
Section 230-RICR-30-35-1.12 - Enforcement ActionsA. Complaints. The Department shall have authority to investigate all complaints against MFEs for violations of R.I. Gen. Laws Chapter 5-11.1 or this Part. In furtherance thereof, the Department shall notify the MFE in writing or by email of the Department's receipt of a complaint, enclosing a copy thereof. The MFE shall within twenty (20) days from the date of the Department's notice, file with the Department a written response to the complaint. The Department shall review the response and submit a copy thereof to the complainant for further response, if necessary. Upon receipt of all responses, the Department will then evaluate the complaint and responses thereto and the matter will be handled in compliance with the Department's applicable procedures and regulations for such matters. The Department may, upon its own motion, with or without a complaint, notice a hearing for the purposes of further investigating whether to sanction a Registrant or other person or entityB. All hearings and enforcement actions shall be conducted in accordance with the Administrative Procedures Act, R.I. Gen. Laws § 42-35-1 et seq., and the Department's Rules of Procedure for Administrative Hearings, Part 10-00-2 of this Title.C. It is sufficient cause for denial, suspension or revocation of an MFE Registration if an owner, controlling person, principal or employee of an MFE has been found by the Department to be responsible for any act or omission that would be cause for denying, suspending, or revoking a Registration.D. The issuance, renewal, suspension, denial or any other disciplinary action taken against the holder of a municipal permit will be handled according to procedures set forth by each municipality and will not be subject to appeal to the Department.230 R.I. Code R. 230-RICR-30-35-1.12
Adopted effective 7/1/2019