Chapter
301
2004 -- H 7512
Enacted 07/03/04
A N A C T
RELATING TO COASTAL RESOURCES
MANAGEMENT COUNCIL --
ADMINISTRATIVE PENALTIES
Introduced By:
Representatives Gallison, Enos, San Bento, Anguilla, and Lewiss
Date
Introduced: February 04, 2004
It is enacted by the General
Assembly as follows:
SECTION
1. Section 46-23-7.1 of the General Laws in Chapter 46-23 entitled
"Coastal
Resources Management Council"
is hereby amended to read as follows:
46-23-7.1.
Administrative penalties. -- Any person who violates, or refuses or
fails to
obey, any notice or order issued
pursuant to section 46-23-7(a); or any assent, order, or decision
of the council, may be assessed an
administrative penalty by the chairperson or executive director
in accordance with the following:
(1)
The chairperson or executive director is authorized to assess an administrative
penalty of not more than one
thousand dollars ($1,000) two thousand five hundred dollars
($2,500) for each violation of this section, and is authorized
to assess additional penalties of not
more than one five
hundred dollars ($100) ($500) for each day during which this
violation
continues after receipt of a cease
and desist order from the council pursuant to section 46-23-7(a),
but in no event shall the penalties
in an aggregate equal or exceed five thousand dollars ($5,000)
ten thousand dollars ($10,000). Prior to the assessment of a penalty under this
subdivision, the
property owner or person committing
the violation shall be notified by certified mail or personal
service that a penalty is being
assessed. The notice shall include a reference to the section of the
law, rule, regulation, assent,
order, or permit condition violated; a concise statement of the facts
alleged to constitute the
violation; a statement of the amount of the administrative penalty
assessed; and a statement of the
party's right to an administrative hearing.
(2) The
party shall have twenty-one (21) days from receipt of the notice within which
to
deliver to the council a written
request for a hearing. This request shall specify in detail the
statements contested by the party.
The executive director shall designate a person to act as
hearing officer. If no hearing is
requested, then after the expiration of the twenty-one (21) day
period, the council shall issue a
final order assessing the penalty specified in the notice. The
penalty is due when the final order
is issued. If the party shall request a hearing, any additional
daily penalty shall not commence to
accrue until the council issues a final order.
(3)
If a violation is found to have occurred, the council may issue a final order
assessing
not more than the amount of the
penalty specified in the notice. The penalty is due when the final
order is issued.
(4)
The party may within thirty (30) days appeal the final order, of fine assessed
by the
council to the superior court which
shall hear the assessment of the fine de novo.
SECTION
2. This act shall take effect upon passage.
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LC01636
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