250 R.I. Code R. 250-RICR-130-00-1.11

Current through November 7, 2024

Section 250-RICR-130-00-1.11 - Assessment of Administrative Penalty - Resolution Prior to Hearing

A. After assessing the administrative penalty, the Director may recalculate the penalty assessed based on written information provided by the alleged violator or on any other information concerning the alleged violation. The decision to recalculate must be supported by written documentation.

B. If the Director decides to recalculate and the penalty issue cannot be informally resolved, the Director may then issue an amended Notice of Violation which reflects the additional information and appropriate penalty. Such an amended NOV will state that a hearing request submitted in response to a prior NOV will not preserve the alleged violator's rights to a hearing under the amended NOV.

C. The Director, through a consent agreement, may offset portions of the penalty in the amount of expenditures which provide additional assurance of protection of public health, safety, welfare or the environment. Such expenditures must exceed the requirements of the regulations. In any case, the penalty must be greater than the costs incurred by the department in the investigation of the noncompliance, subsequent enforcement of the Regulations and any settlement negotiations. The decision to make such an allowance must be supported by written documentation.

D. The penalty shall not be reduced below the amount identified as the economic benefit of noncompliance.

E. The Director may consider the following factors in negotiating a final resolution of the penalty, prior to hearing, with the exception of § 1.11(D) of this Part:

1. Litigation practicalities;

2. Legal precedent;

3. The Departmental resources;

4. The public interest;

5. The difference between the amount offered by the alleged violator and the penalty imposed in the notice of violation or amended notice of violation if the penalty was recalculated as result of §§ 1.11(A) and/or (B) of this Part; and

6. The financial condition of the person being assessed the administrative penalty.

F. Nothing herein shall preclude the Director from resolving the outstanding penalty through a Consent Agreement at any time he/she deems appropriate.

250 R.I. Code R. 250-RICR-130-00-1.11

Amended effective 3/19/2021