250 R.I. Code R. 250-RICR-130-00-1.7

Current through November 7, 2024

Section 250-RICR-130-00-1.7 - Enforcement Options

A. The Director may pursue any combination of the following administrative and judicial enforcement actions depending upon the circumstances and gravity of each case. Any combination of enforcement actions are not mutually exclusive and may be cumulative:

1. Letter of Deficiency (LOD), Notice of Noncompliance (NON), Notice of Intent to Enforce (NOI) or Notice of Responsibility (NOR) - written warning or notification concerning a suspected or threatened violation of a legal requirement which, in the Director's judgement, does not justify further enforcement action at that time, but may require the party cited to take such actions necessary to achieve compliance.

2. Notice of Violation (NOV) - formal notice of a suspected violation issued in accordance with R.I. Gen. Laws §§ 42-17.1-2(21)(i) and 42-17.6-3, which:

a. Cites the law, Rule, Regulation, license, permit and/or order allegedly violated;

b. States the facts which form the basis for the Department's belief that a violation has occurred;

c. States the administrative penalty and other relief deemed appropriate by the Director;

d. Specifies a reasonable deadline or deadlines by which the person:

(1) Shall come into compliance with the requirements described in the NOV, or

(2) Shall submit a written proposal setting forth how and when that person proposes to achieve compliance;

e. Informs the person

(1) Of his or her right to file a timely written request for an adjudicatory hearing on either the alleged violation or the penalty or remedy imposed or both,

(2) That said written request for a hearing must be filed with and received by the Administrative Adjudication Division of the Department within twenty (20) days after service of the NOV,

(3) That the written request for an adjudicatory hearing shall strictly comply with the Rules and Regulations for the Administrative Adjudication Division, § 10-00-1.7 of this Title.

(4) That said notice shall become a final order of the Director upon the person's election to waive or failure to request an adjudicatory hearing in a timely manner, and,

(5) That the penalty continues to accrue from the time the Notice of Violation is issued until compliance is achieved pursuant to R.I. Gen. Laws § 42-17.6-3 if reasonable efforts to promptly come into compliance have not been made;

f. Identifies the individual and division to whom correspondence and inquiries regarding the NOV should be directed;

g. States to whom (which entity) and the date by which the administrative penalty must be paid if the person against whom an administrative penalty is assessed elects to waive or fails to request an adjudicatory hearing in a timely manner and elects to pay the penalty;

h. States the Department's authority to pursue further administrative or judicial enforcement action.

3. Cease and Desist Order - immediate compliance order issued pursuant to R.I. Gen. Laws § 2-1-24 either upon discovery of a suspected violation of the Fresh Water Wetlands Act, R.I. Gen. Laws § 2-1-18, et seq. or in combination with a Notice of Violation, which:

a. Cites the law, Rule, Regulation, license, permit and/or order allegedly violated;

b. Describes the act or course of conduct which is prohibited by the cease and desist order;

c. Orders the person allegedly in violation of the Fresh Water Wetlands Act, R.I. Gen. Laws § 2-1-18, et seq., to immediately cease the prohibited act or prohibited course of conduct;

d. Takes effect immediately upon service or within such time as specified by the Director in said order; and

e. States the remedies and penalties which the Director may lawfully impose for any violation of the order.

4. Immediate Compliance Order - emergency order issued in accordance with R.I. Gen. Laws § 42-17.1-2(21)(ii), which:

a. Cites the law, Rule, Regulation, license, permit and/or order violated;

b. States the facts which form the basis for the Department's belief that an emergency exists;

c. States the remedial action deemed necessary by the Director;

d. Takes effect immediately upon service or within such time as specified by the Director in said order;

e. Shall remain in effect for no more than forty-five (45) days which may be extended for good cause for one additional forty-five (45) day period; and

f. Does not entitle the person so served to an administrative adjudication concerning the substance of the alleged violation or concerning any remedial action ordered.

5. Recordation in Land Evidence Records - in accordance with R.I. Gen. Laws § 42-17.1-2(13), or any other source of statutory authority, the Director may record any order or notice issued pursuant to the Director's authority in the land evidence records of the city or town wherein the subject property is located. Any subsequent transferee of such property shall be responsible for complying with the requirements of said order or notice so recorded.

6. Court Action

a Civil - direct recourse to a court of competent jurisdiction either in addition to or in lieu of administrative action where:

(1) It is necessary to enforce final administrative orders and seek civil and/or administrative penalties; or

(2) An imminent threat to the public health, safety, welfare or environment exists which warrants injunctive or other emergency relief; or

(3) A pattern of continuous, significant violations exists such that administrative enforcement action alone is unlikely to achieve compliance; or

(4) The court is the most convenient or appropriate forum for resolution of the dispute.

b. Criminal - referral to the Attorney General's Office for prosecution or criminal investigation where:

(1) The alleged act or failure to act may be defined as a criminal offense by State law; or

(2) Enforcement is beyond the jurisdiction or investigative capability of the Department; or

(3) Criminal sanctions may be appropriate.

c. Miscellaneous - Other enforcement options will be pursued, if necessary, to achieve compliance. Additional options include, but are not limited to:

(1) Joint actions with or referrals to other Federal, State, or local agencies;

(2) Direct legal or equitable actions in State or Federal court;

(3) Denial, suspension or revocation of State grants or required permits or certifications.

250 R.I. Code R. 250-RICR-130-00-1.7

Amended effective 3/19/2021