440 R.I. Code R. 440-RICR-10-00-1.16

Current through December 3, 2024

Section 440-RICR-10-00-1.16 - Expungements

A. The Board may consider the expungement of claims or violations upon written request of a registrant/licensee. The petition will not be considered unless submitted on the prescribed form along with the appropriate the fee pursuant to R.I. Gen. Laws. § 5-65-10(g).

B. The Board may consider evidence, testimony and support, and objections from any interested Party, including, but not limited to:

1. Volume and/or frequency of claims or violations;

2. Severity of offenses;

3. Code violations cited;

4. Present record;

5. Time since last incident; and

6. Other court cases.

C. Matters which have resulted in a conviction in a court of competent jurisdiction shall not be considered for expungement by the Board.

D. The Board will not consider a request for expungement if the applicant has pending actions on the applicant's registration/license.

E. An administrative hearing resulting in judgment for the respondent may be expunged.

F. Partial expungement of the respondent' record may be granted at the Board's discretion.

G. Upon investigation by the Board's investigative staff, an invalid claim, a claim that is deemed frivolous in nature, or a claim in which the claimant failed to notify the registrant of deficiencies in a timely manner, may be expunged.

440 R.I. Code R. 440-RICR-10-00-1.16

Adopted effective 12/17/2019