§ 46-23-7.1 - Administrative penalties.
SECTION 46-23-7.1
§ 46-23-7.1 Administrative penalties.– Any person who violates, or refuses or fails to obey, any notice or orderissued pursuant to § 46-23-7(a); or any assent, order, or decision of thecouncil, may be assessed an administrative penalty by the chairperson orexecutive director in accordance with the following:
(1) The chairperson or executive director is authorized toassess an administrative penalty of not more than two thousand five hundreddollars ($2,500) for each violation of this section, and is authorized toassess additional penalties of not more than five hundred dollars ($500) foreach day during which this violation continues after receipt of a cease anddesist order from the council pursuant to § 46-23-7(a), but in no eventshall the penalties in an aggregate equal or exceed ten thousand dollars($10,000). Prior to the assessment of a penalty under this subdivision, theproperty owner or person committing the violation shall be notified bycertified mail or personal service that a penalty is being assessed. The noticeshall include a reference to the section of the law, rule, regulation, assent,order, or permit condition violated; a concise statement of the facts allegedto constitute the violation; a statement of the amount of the administrativepenalty assessed; and a statement of the party's right to an administrativehearing.
(2) The party shall have twenty-one (21) days from receipt ofthe notice within which to deliver to the council a written request for ahearing. This request shall specify in detail the statements contested by theparty. The executive director shall designate a person to act as hearingofficer. If no hearing is requested, then after the expiration of thetwenty-one (21) day period, the council shall issue a final order assessing thepenalty specified in the notice. The penalty is due when the final order isissued. If the party shall request a hearing, any additional daily penaltyshall not commence to accrue until the council issues a final order.
(3) If a violation is found to have occurred, the council mayissue a final order assessing not more than the amount of the penalty specifiedin the notice. The penalty is due when the final order is issued.
(4) The party may within thirty (30) days appeal the finalorder, of fine assessed by the council to the superior court which shall hearthe assessment of the fine de novo.