Section 230-RICR-30-40-1.15 - Enforcement and PenaltiesA. Any violation of the Act or these Regulations may be subject to enforcement by the Department as an administrative violation and may be grounds for license suspension, revocation or denial.B. After receiving a complaint regarding a Certified Constable or on its own initiative, but before formal action is taken on any particular license, written notice must be sent to the Certified Constable whose conduct is under review and that Certified Constable shall be provided ten (10) calendar days to respond to the substance of the given allegation unless the Department takes action pursuant to R.I. Gen Laws § 42-35-14(c).C. Any action taken by the Department as to any licensee pursuant to § 1.14 of this Part will follow the procedures in R.I. Gen. Law §42-35-1et seq., the Administrative Procedures Act ("APA"), and Part 10-00-2 of this Title, Rules of Procedure for Administrative Hearings (the "Rules of Procedure").D. Criminal History 1. In accordance with R.I. Gen. Laws § 9-5-10.1(b)(1)(ii), any evaluation of a Certified Constable applicant's or licensee's criminal history record shall conform to the requirements of R.I. Gen. Laws § 28-5.1-14 (the "Fair Chance Act").2. To the extent consistent with the Fair Chance Act, any licensee sentenced to probation by a court and currently serving on probation as the result of the disposition of criminal charges may not simultaneously hold a Certified Constables' license. His or her license shall be suspended for the same amount of time as he or she is on probation, and he or she can petition the Department for his or her license reinstatement once the applicable period of probation has concluded.E. If R.I. Gen. Laws § 28-5.1-14 is inapplicable to the substance of the administrative action, and pursuant to the Department's authority under R.I. Gen. Laws §§ 9-5-10.4 and 9-5-10.5(a), the Department will use the following criteria to evaluate any license denial, revocation or suspension:1. The nature and circumstances of the misconduct at issue, which includes, but is not limited to, a consideration of:a. When the misconduct took place;b. The age of the applicant/licensee at the time of the misconduct;c. The reason(s) given by the applicant/licensee for committing the misconduct and the applicant/licensee's acknowledgment of responsibility for the crime(s); andd. Whether the misconduct relates to the license possessed or sought.2. The applicant/licensee's subsequent conduct and present character, which includes, but is not limited to, a consideration of:a. Whether the applicant/licensee has completed any applicable administrative sanction;b. Whether the applicant/licensee has acknowledged his or her wrongdoing and expressed contriteness or remorse and the facts which support such acknowledgement;c. Whether the applicant/licensee has settled his or her financial and/or other obligations arising from the misconduct and taken responsibility for his or her misconduct; andd. Whether the applicant/licensee has favorable recommendations from people (other than family members) aware of his or her past misconduct attesting to his or her current good character.3. The applicant/licensee's present qualifications, which includes but is not limited to a consideration of:a. Whether the applicant is currently employed in the industry by another licensee;b. Whether a current licensee has expressed a willingness to sponsor the applicant; andc. Whether the applicant is willing to accept a probationary or temporary license.230 R.I. Code R. 230-RICR-30-40-1.15
Adopted effective 2/24/2022
Amended effective 3/28/2022