§ 11-19-39 - Enforcement and penalties.
SECTION 11-19-39
§ 11-19-39 Enforcement and penalties.– (a) If any charitable organization fails to file any registration applicationor statement, report, or other information required to be filed by thedepartment under this chapter, or otherwise violates the provisions of thischapter, the department shall notify the delinquent charitable organization, bymailing a notice, certified mail, with return receipt requested, to its lastknown address. If the required registration application or statement, annualreport, or other information is not filed or if the existing violation is notdiscontinued within ten (10) days after the formal notification or receipt ofthe notice, the department may cancel, suspend the registration, or refuse toaccept a delinquent report from the charitable organization.
(b) The department, upon its own motion or upon complaint ofany person, may, if it has reasonable ground to suspect a violation,investigate any charitable organization, to determine whether it has violatedthe provisions of this chapter or has filed any application or otherinformation required under this chapter which contains false or misleadingstatements. If the department finds that any application or other informationcontains false or misleading statements, or that a registrant under thischapter has violated its provisions, the registration may be suspended orcancelled. Any person whose registration is suspended or cancelled may, withinfifteen (15) days from the date of written notification of the suspension orcancellation request in writing, a hearing before the department. This hearingshall be held within thirty (30) days from the date of the request. Any personwho has exhausted all administrative remedies available within the departmentin accordance with the Administrative Procedures Act (chapter 35 of title 42),and who is aggrieved by a final decision of the department, is entitled tojudicial review in accordance with the provisions of the AdministrativeProcedures Act (chapter 35 of title 42).
(c) The certificate of approval of any charitableorganization which knowingly makes a false or misleading statement in anyregistration application or statement, report, or other information required tobe filed by the department or this chapter shall be revoked.
(d) Any person who willfully and knowingly violates anyprovisions of this chapter, or who shall willfully and knowingly give false orincorrect information to the department in filing statements or reportsrequired by this chapter, whether the report or statement is verified or not,shall be guilty of a misdemeanor. Upon conviction, that person shall besentenced for the first offense to pay a fine of not more than one thousanddollars ($1,000), or undergo imprisonment for not more than one year, or both.For the second and any subsequent offense, that person shall pay a fine of notmore than five thousand dollars ($5,000), or undergo imprisonment for not morethan five (5) years, or both.
(e) Whenever the attorney general shall have reason tobelieve or the attorney general has been advised by the director (who shallhave given due notice and full hearing to the charitable organization) that thecharitable organization: (1) is operating in violation of the provision of thischapter; (2) has knowingly and willfully made any false statements in anyinitial or any renewal application or in any other information required to befiled by this chapter; (3) has failed to file a registration statement requiredby this chapter; (4) there is employed or is about to be employed by acharitable organization any device, scheme, or artifice to defraud or to obtainmoney or property by means of any false pretense, representation, or promise;(5) the officers or representatives of any charitable organization failed afternotice to produce any records of the organization; or (6) the funds raised bythe game are not devoted or will not be devoted to the charitable purposes ofthe charitable organization; in addition to all other actions authorized bylaw, the attorney general of the state of Rhode Island may bring an action inthe name of the state of Rhode Island against the charitable organization andits officers, or any other person who has violated this chapter to enjoin thatcharitable organization or person from continuing the violation or doing anyacts in furtherance of it, and for any other relief that the court deemsappropriate. The court may make any additional orders and/or judgments that maybe necessary to restore to any person in interest any monies or property, realor personal, which may have been acquired by means of any practice in thischapter declared to be unlawful. The department may refuse to grant an initialapplication to conduct a game, may refuse to renew an application, and mayrevoke a registration of any charitable organization which knowingly makes afalse statement in any initial registration application or renewal applicationor statement, annual report, or other information required to be filed by thedepartment or the chapter.