§ 42-17.6-6 - Determination of administrative penalty. - Rhode Island Statutes

SECTION 42-17.6-6

   § 42-17.6-6  Determination ofadministrative penalty. – In determining the amount of each administrative penalty, the director shallinclude, but not be limited to, the following to the extent practicable in hisor her considerations:

   (1) The actual and potential impact on public health, safetyand welfare and the environment of the failure to comply;

   (2) The actual and potential damages suffered, and actual orpotential costs incurred, by the director, or by any other person;

   (3) Whether the person being assessed the administrativepenalty took steps to prevent noncompliance, to promptly come into complianceand to remedy and mitigate whatever harm might have been done as a result ofsuch noncompliance;

   (4) Whether the person being assessed the administrativepenalty has previously failed to comply with any rule, regulation, order,permit, license, or approval issued or adopted by the director, or any lawwhich the director has the authority or responsibility to enforce;

   (5) Making compliance less costly than noncompliance;

   (6) Deterring future noncompliance;

   (7) The financial condition of the person being assessed theadministrative penalty;

   (8) The amount necessary to eliminate the economic advantageof noncompliance including, but not limited to, the financial advantageacquired over competitors from the noncompliance;

   (9) Whether the failure to comply was intentional, willful,or knowing and not the result of error;

   (10) Any amount specified by state and/or federal statute fora similar violation or failure to comply;

   (11) Any other factor(s) that may be relevant in determiningthe amount of a penalty, provided that the other factors shall be set forth inthe written notice of assessment of the penalty; and

   (12) The public interest.