TITLE 23
Health and Safety

CHAPTER 23-24.6
Lead Poisoning Prevention Act

SECTION 23-24.6-27


§ 23-24.6-27 Administrative fines.

(a) In addition to any other enforcement authority granted under this chapter, whenever on the basis of any information, the department determines that a person has violated, or is in violation of § 23-24.6-12, 23-24.6-13, 23-24.6-14 or 23-24.6-17 regarding lead hazard reduction, or § 23-24.6-20 regarding licensure, any rule or regulation promulgated pursuant to any of these sections, or any orders issued under any of these sections, rules, or regulations, the director may issue an order fining the person an amount not to exceed five thousand dollars ($5,000) per day for each current or past violation, requiring compliance immediately or within a specified time period, or both. Each day of continued violation may be considered a separate violation. Each violation in any premises may be considered a separate violation.

(b) In addition to any other enforcement authority granted under this chapter, whenever on the basis of any information, the department determines that a person has violated, or is in violation of, § 23-24.6-15 regarding inspections, any rule or regulation promulgated pursuant to that section, or any orders issued under that section's rules or regulations, the director may issue an order civilly fining the person one hundred dollars ($100) per day for any current or past violation, requiring compliance immediately or within a specified time period, or both. Each day of continued violation may be considered a separate violation. Each violation in any premises may be considered a separate violation.

(c) Within thirty (30) days after any order issued pursuant to this section is served, the order shall become final unless the person or persons named in the order request a hearing. Upon that request, the director shall conduct a hearing as soon as reasonably possible.

(d) In connection with any proceeding under this section, the director may issue subpoenas for attendance and testimony of witnesses and the production of papers, books, documents, and other materials.

(e) If any person liable to pay any civil fine neglects or refuses to pay after demand, the amount, together with interest and any other costs that may accrue, shall be a lien in favor of the state upon only the real property of the person that is subject to the order only after the lien has been entered and recorded in the city/town in which the property is situated.

(f) In determining the amount of any civil fine pursuant to this section, the director shall consider the willfulness of the violation; the circumstances and severity of the violation; the ability of the violator to comply; damage or injury to public health and welfare including elevated blood levels of impacted children, environmental damage to the premises and neighborhood, possible economic benefits realized by the violator; the costs incurred by the state; and any other relevant factors.

(g) The director shall issue regulations to implement this section. At a minimum, the regulations shall set forth how long after receiving any order from the director or any other notice of a violation a person has to comply with the law before civil fines will be assessed, the circumstances in which no grace period will apply, the circumstances in which any grace period may be extended, and the procedure and times frames to request an extension. The regulations shall also include a penalty matrix to be used as a guide in the calculation of a fine levied pursuant to this section.

(h) Any fines levied pursuant to this section shall be done in lieu of any civil penalties issued pursuant to § 45-24.3-18(a), and no housing authority shall issue any civil penalty for the same violation.

History of Section.
(P.L. 1994, ch. 54, § 1; P.L. 2001, ch. 86, § 10; P.L. 2014, ch. 428, § 1; P.L. 2014, ch. 446, § 1.)