2012 -- H 7700

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LC01840

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO WATERS AND NAVIGATION -- COASTAL RESOURCES MANAGEMENT

COUNCIL

     Introduced By: Representatives Ruggiero, Walsh, Handy, Ajello, and Ferri

     Date Introduced: February 16, 2012

     Referred To: House Environment and Natural Resources

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 46-23-7.1 of the General Laws in Chapter 46-23 entitled "Coastal

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Resources Management Council" is hereby amended to read as follows:

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     46-23-7.1. Administrative penalties. -- Any person who violates, or refuses or fails to

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obey, any notice or order issued pursuant to section 46-23-7(a); or any assent, order, or decision

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of the council, may be assessed an administrative penalty by the chairperson or executive director

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in accordance with the following:

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      (1) The chairperson or executive director is authorized to assess an administrative

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penalty of not more than two thousand five hundred dollars ($2,500) ten thousand dollars

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($10,000) for each violation of this section, and is authorized to assess additional penalties of not

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more than five hundred dollars ($500) for each day during which this violation continues after

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receipt of a cease and desist order from the council pursuant to section 46-23-7(a), but in no event

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shall the penalties in an aggregate equal or exceed ten thousand dollars ($10,000) twenty

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thousand dollars ($20,000). Prior to the assessment of a penalty under this subdivision, the

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property owner or person committing the violation shall be notified by certified mail or personal

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service that a penalty is being assessed. The notice shall include a reference to the section of the

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law, rule, regulation, assent, order, or permit condition violated; a concise statement of the facts

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alleged to constitute the violation; a statement of the amount of the administrative penalty

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assessed; and a statement of the party's right to an administrative hearing.

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      (2) The party shall have twenty-one (21) days from receipt of the notice within which to

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deliver to the council a written request for a hearing. This request shall specify in detail the

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statements contested by the party. The executive director council shall designate a person to act as

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hearing officer. If no hearing is requested, then after the expiration of the twenty-one (21) day

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period, the council shall issue a final order assessing the penalty specified in the notice. The

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penalty is due when the final order is issued. If the party shall request a hearing, any additional

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daily penalty shall not commence to accrue until the council issues a final order.

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      (3) If a violation is found to have occurred, the council or hearing officer may issue a

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final order assessing not more than the amount of the penalty specified in the notice. The penalty

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is due when the final order is issued.

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      (4) The party may within thirty (30) days appeal the final order, of fine assessed by the

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council or hearing officer to the superior court which shall hear the assessment of the fine de

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novo.

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     SECTION 2. This act shall take effect upon passage.

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LC01840

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO WATERS AND NAVIGATION -- COASTAL RESOURCES MANAGEMENT

COUNCIL

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     This act would amend the administrative penalty amounts for persons who violate orders

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or notices issued pursuant to chapter 46-23, the coastal resources management council.

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     This act would take effect upon passage.

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LC01840

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