Current through 2024 Public Law 457
Section 19-14.8-33 - Administrative remedies(a) The director may enforce this chapter and rules adopted under this chapter by taking one or more of the following actions:(1) Ordering a provider or a director, employee, or other agent of a provider to cease and desist from any violations;(2) Ordering a provider or a person who or that has caused a violation to correct the violation, including making restitution of money or property to a person aggrieved by a violation;(3) Subject to adjustment of the dollar amount pursuant to § 19-14.8-32(f), imposing on a provider or a person who or that has caused a violation a civil penalty not exceeding ten thousand dollars ($10,000) for each violation;(4) Prosecuting a civil action to:(B) Obtain restitution or an injunction or other equitable relief, or both;(5) Intervening in an action brought under § 19-14.8-35.(b) Subject to adjustment of the dollar amount pursuant to § 19-14.8-32(f), if a person violates or knowingly authorizes, directs, or aids in the violation of a final order issued under subsection (a)(1) or (a)(2), the director may impose a civil penalty not exceeding twenty thousand dollars ($20,000) for each violation.(c) The director may maintain an action to enforce this chapter in any county.(d) The director may recover the reasonable costs of enforcing the chapter under subsections (a) - (c), including attorney's fees based on the hours reasonably expended and the hourly rates for attorneys of comparable experience in the community.(e) In determining the amount of a civil penalty to impose under subsection (a) or (b), the director shall consider the seriousness of the violation; the good faith of the violator; any previous violations by the violator; the deleterious effect of the violation on the public; the net worth of the violator; and any other factor the director considers relevant to the determination of the civil penalty.R.I. Gen. Laws § 19-14.8-33
P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3.