§ 42-17.6-4 - Right to adjudicatory hearing. - Rhode Island Statutes

SECTION 42-17.6-4

   § 42-17.6-4  Right to adjudicatory hearing.– (a) Whenever the director seeks to assess an administrative penalty on anyperson, the person shall have the right to an adjudicatory hearing underchapter 35 of this title, the provisions of which shall apply except when theyare inconsistent with the provisions of this chapter.

   (b) A person shall be deemed to have waived his or her rightto an adjudicatory hearing unless, within ten (10) days of the date of thedirector's notice that he or she seeks to assess an administrative penalty, theperson files with the director or the clerk of the administrative adjudicationdivision a written statement denying the occurrence of any of the acts oromissions alleged by the director in the notice, or asserting that the moneyamount of the proposed administrative penalty is excessive. In any adjudicatoryhearing authorized pursuant to chapter 35 of title 42, the director shall, by apreponderance of the evidence, prove the occurrence of each act or omissionalleged by the director.

   (c) If a person waives his or her right to an adjudicatoryhearing, the proposed administrative penalty shall be final immediately uponthe waiver.