Chapter 213

2004 -- S 2113

Enacted 06/30/04

A N A C T

RELATING TO COASTAL RESOURCES MANAGEMENT COUNCIL --

ADMINISTRATIVE PENALTIES

Introduced By: Senators Walaska, Cote, Polisena, McCaffrey, and Bates

Date Introduced: January 20, 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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LC00727

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