Section 250-RICR-130-00-1.12 - Assessment of Administrative Penalty - Hearing and Burden of ProofA. Any person against whom the Director seeks to assess an administrative penalty for a violation of a law, Rule, Regulation, permit, license or order which is within the Director's authority and responsibility to enforce, has the right to request a hearing thereon. The request for a hearing must be filed with the Administrative Adjudication Division within twenty (20) days after service of the notice assessing said penalty.B. If a timely request for a hearing is filed, a hearing shall be conducted in accordance with R.I. Gen. Laws § 42-35-9 and R.I. Gen. Laws Chapter 42-17.7.C. In an enforcement hearing the Director must prove the alleged violation by a preponderance of the evidence. Once a violation is established, the violator bears the burden of proving by a preponderance of the evidence that the Director failed to assess the penalty and/or the economic benefit portion of the penalty in accordance with these Regulations.D. Judicial review of any final decision shall be available in accordance with R.I. Gen. Laws §§ 42-35-15 and 42-35-1(15).250 R.I. Code R. 250-RICR-130-00-1.12
Amended effective 3/19/2021