§ 16-40-9 - Prosecution of violations – Forfeiture of charter.
SECTION 16-40-9
§ 16-40-9 Prosecution of violations –Forfeiture of charter. – The district court for the sixth division is empowered, upon the filing of acomplaint in writing, duly verified, which verification when made by thedepartment of elementary and secondary education or the office of highereducation may be made upon information and belief that any person has violatedthe provisions of this chapter, to issue process in the nature of a summons atthe suit of the department or office as plaintiff; the summons shall bereturnable in not less than five (5) and not more than fifteen (15) entiredays; the process shall state in what respect this chapter has been violated bythe defendant or defendants, and upon the return of the process, or at any timeto which the trial shall be adjourned, the court shall proceed in a summarymanner to hear testimony and to determine and give judgment in the matter,without the filing of any further pleadings for the plaintiff, for the recoveryof the penalty with costs, or for the defendant or defendants, and the courtshall, if judgment is rendered for the plaintiff, cause the defendant ordefendants other than a body corporate who may refuse or fail immediately topay the amount of the judgment rendered against the defendant or defendants,and all the costs and charges incident to it, to be imprisoned for any periodnot exceeding ninety (90) days. Upon any conviction under this section, thedepartment or office shall immediately file in the office of the secretary ofstate as a public record the name of the corporation convicted or the name ofany corporation whose officer or agent shall have been convicted, and uponfiling, the charter or articles of association of the corporation shall becomeforfeited by reason of the conviction and the corporation shall cease to be abody corporate, except as provided in § 7-1.2-1324, and the secretary ofstate shall immediately mail a notice of the forfeiture of charter or articlesof association to the corporation at its last known address, but failure toreceive the notice shall not invalidate the notice.