250 R.I. Code R. 250-RICR-150-15-1.12

Current through November 7, 2024

Section 250-RICR-150-15-1.12 - Enforcement

A. Enforcement. Pursuant to R.I. Gen. Laws §§ 42-17.1-2 et seq., 42-17.6-1 et seq., 2-1-18 et seq. and the Rules and Regulations for Assessment of Administrative Penalties [Part 130-00-1 of this Title], the Department has the authority to issue enforcement notices, orders or requirements to ensure compliance with the Act and these Rules and to assess administrative penalties. The Department may also provide written or oral warning of its intent to undertake enforcement action, but is not required to do so.

B. Revocation or Suspension of Determination or Permit

1. The Department may revoke or suspend any determination or permit under one or more of the following conditions:

a. The information or data submitted by the applicant or permittee either on the form(s) required or in any other material in support of the application is found to be false, misleading or erroneous;

b. The project is not undertaken in strict compliance with the conditions or provisions of any determination or permit issued by the Department; or

c. The Department is in receipt of reliable information that, without immediate action to suspend or revoke the determination or permit, the project is likely to harm the environment or pose a threat to the health, safety or welfare of the public. In such cases, the Department may issue a summary suspension.

C. Right to Request Administrative Hearing

1. Enforcement actions: Pursuant to R.I. Gen. Laws §§ 42-17.1-2(21), 42-17.6-4 and R.I. Gen. Laws Chapter 42-35, the Respondent is entitled to request a hearing before the Department regarding the orders or penalties set forth in an enforcement action.

2. Revocation or Suspension of a Determination or Permit: Pursuant to R.I. Gen. Laws § 42-35-1 et seq., the Respondent is entitled to request a hearing before the Department regarding the Revocation or Suspension of a Determination or Permit.

3. All requests for hearings on enforcement actions or revocation or suspension of a determination or permit must follow the requirements set forth in the Rules and Regulations for the Administrative Adjudication Division, Part 10-00-1 of this Title.

250 R.I. Code R. 250-RICR-150-15-1.12