reglab/housing_qa huggingface dataset:
RI Gen L § 42-17.6-4 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-17.6 - Administrative Penalties for Environmental Violations|Section 42-17.6-4 - Right to adjudicatory hearing.

§ 42-17.6-4. Right to adjudicatory hearing.(a) Whenever the director seeks to assess an administrative penalty on any person other than through an expedited citation issued pursuant to § 42-17.6-3(c), the person shall have the right to an adjudicatory hearing under chapter 35 of this title, the provisions of which shall apply except when they are inconsistent with the provisions of this chapter.(b) A person shall be deemed to have waived his or her right to an adjudicatory hearing unless, within twenty (20) days of the date of the director's notice that he or she seeks to assess an administrative penalty, the person files with the director or the clerk of the administrative adjudication division a written statement denying the occurrence of any of the acts or omissions alleged by the director in the notice, or asserting that the money amount of the proposed administrative penalty is excessive. In any adjudicatory hearing authorized pursuant to chapter 35 of this title, the director shall, by a preponderance of the evidence, prove the occurrence of each act or omission alleged by the director.(c) If a person waives his or her right to an adjudicatory hearing, the proposed administrative penalty shall be a final agency order immediately upon the waiver. The director may institute injunctive proceedings in the superior court for Providence County for enforcement of the final administrative penalty as a final agency order.History of Section.P.L. 1987, ch. 243, § 2; P.L. 1989, ch. 508, § 2; P.L. 2007, ch. 340, § 22; P.L. 2013, ch. 290, § 2; P.L. 2013, ch. 400, § 2; P.L. 2021, ch. 147, § 6, effective July 3, 2021; P.L. 2021, ch. 148, § 6, effective July 3, 2021.
RI Gen L § 42-17.6-5 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-17.6 - Administrative Penalties for Environmental Violations|Section 42-17.6-5 - Judicial review.

§ 42-17.6-5. Judicial review.If an administrative penalty is assessed at the conclusion of an adjudicatory hearing, the administrative penalty shall be final upon the expiration of thirty (30) days if no action for judicial review of the decision is commenced pursuant to chapter 35 of this title.History of Section.P.L. 1987, ch. 243, § 2.
RI Gen L § 42-17.6-6 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-17.6 - Administrative Penalties for Environmental Violations|Section 42-17.6-6 - Determination of administrative penalty.

§ 42-17.6-6. Determination of administrative penalty.In determining the amount of each administrative penalty, the director shall include, but not be limited to, the following to the extent practicable in his or her considerations:(1) The actual and potential impact on public health, safety and welfare and the environment of the failure to comply;(2) The actual and potential damages suffered, and actual or potential costs incurred, by the director, or by any other person;(3) Whether the person being assessed the administrative penalty took steps to prevent noncompliance, to promptly come into compliance and to remedy and mitigate whatever harm might have been done as a result of such noncompliance;(4) Whether the person being assessed the administrative penalty has previously failed to comply with any rule, regulation, order, permit, license, or approval issued or adopted by the director, or any law which 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 the administrative penalty;(8) The amount necessary to eliminate the economic advantage of noncompliance including, but not limited to, the financial advantage acquired 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 for a similar violation or failure to comply;(11) Any other factor(s) that may be relevant in determining the amount of a penalty, provided that the other factors shall be set forth in the written notice of assessment of the penalty; and(12) The public interest.History of Section.P.L. 1987, ch. 243, § 2.
RI Gen L § 42-17.6-7 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-17.6 - Administrative Penalties for Environmental Violations|Section 42-17.6-7 - Limitations on amount of penalty.

§ 42-17.6-7. Limitations on amount of penalty.The administrative penalty shall be not more than one thousand dollars ($1,000) for each violation or failure to comply unless a different amount is authorized by statute as a civil penalty for the subject violation. Each and every occurrence and/or day during which the violation or failure to comply is repeated shall constitute a separate and distinct violation.History of Section.P.L. 1987, ch. 243, § 2.
RI Gen L § 42-17.6-8 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-17.6 - Administrative Penalties for Environmental Violations|Section 42-17.6-8 - Rules and regulations.

§ 42-17.6-8. Rules and regulations.No administrative penalty shall be assessed by the director pursuant to this chapter until the director has promulgated rules and regulations for assessing administrative penalties in accordance with the provisions of chapter 35 of this title.History of Section.P.L. 1987, ch. 243, § 2.
RI Gen L § 42-17.6-9 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-17.6 - Administrative Penalties for Environmental Violations|Section 42-17.6-9 - Severability.

§ 42-17.6-9. Severability.If any provision of this chapter or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.History of Section.P.L. 1987, ch. 243, § 2.
RI Gen L § 42-17.7-1 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-17.7 - Administrative Adjudication for Environmental Matters|Section 42-17.7-1 - Establishment.

§ 42-17.7-1. Establishment.There shall be established a division for administrative adjudication within the department of environmental management. Such division shall exercise its functions under the control of the director of environmental management.History of Section.P.L. 1989, ch. 508, § 1; P.L. 2007, ch. 340, § 23.
RI Gen L § 42-17.7-2 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-17.7 - Administrative Adjudication for Environmental Matters|Section 42-17.7-2 - Adjudication of environmental licenses and violations - Informal resolution.

§ 42-17.7-2. Adjudication of environmental licenses and violations — Informal resolution.All contested enforcement proceedings, all contested licensing proceedings, and all adjudicatory proceedings under chapter 17.6 of title 42 shall be heard by the division of administrative adjudication pursuant to the regulations promulgated by the director of environmental management; provided, however, that no adjudicatory proceeding in hearing prior to the establishment of the division by this chapter shall be subject to the provisions of this chapter. Notwithstanding the foregoing, the director shall be authorized in his or her discretion to resolve contested licensing and enforcement proceedings through informal disposition pursuant to regulations promulgated by the director.History of Section.P.L. 1989, ch. 508, § 1.
RI Gen L § 42-17.7-3 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-17.7 - Administrative Adjudication for Environmental Matters|Section 42-17.7-3 - Hearing officers - Appointment - Qualifications - Compensation.

§ 42-17.7-3. Hearing officers — Appointment — Qualifications — Compensation.(a) The governor, with the advice and consent of the senate, shall appoint up to four (4) hearing officers, who shall be attorneys-at-law who prior to their appointment shall have practiced law for a period of not less than five (5) years, for a term of five (5) years each; provided, however, that of such initial four (4) hearing officers, one shall be appointed for a term of two (2) years, one shall be appointed for a term of three (3) years, one shall be appointed for a term of four (4) years, and one shall be appointed for a term of five (5) years, and they shall be addressed as hearing officers.(b) The governor shall designate one of these hearing officers as chief hearing officer. The hearing officers shall hear proceedings as provided by this chapter, and the director with the assistance of the chief hearing officer may promulgate such rules and regulations as shall be necessary or desirable to effect the purposes of this chapter.(c) A hearing officer shall devote full-time to these administrative duties and shall not otherwise practice law while holding office nor be a partner nor an associate of any person in the practice of law.(d) Compensation for hearing officers shall be determined by the department of administration.(e) The chief hearing officer may in his or her discretion appoint outside hearing officers who shall have appropriate qualifications to so serve.History of Section.P.L. 1989, ch. 508, § 1.
RI Gen L § 42-17.7-4 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-17.7 - Administrative Adjudication for Environmental Matters|Section 42-17.7-4 - Clerk - Appointment - Powers and duties - Compensation.

§ 42-17.7-4. Clerk — Appointment — Powers and duties — Compensation.(a) There shall be an administrative clerk of the division of administrative adjudication. The governor, with the advice and consent of the senate, shall appoint the administrative clerk.(b) The clerk shall have the custody of the seal of the administrative adjudication division, have general charge of the office, keep a full record of proceedings, file and preserve all documents and papers entrusted to his or her care, prepare such papers and notices as may be required by the director or the hearing officers, and perform such other duties as may be prescribed. The clerk shall have the power to issue subpoenas for witnesses and documents and to administer oaths in all cases before any hearing officer or pertaining to the duties of his or her office.(c) The clerk shall be a member of the classified service.History of Section.P.L. 1989, ch. 508, § 1; P.L. 1990, ch. 461, § 12.
RI Gen L § 42-17.7-5 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-17.7 - Administrative Adjudication for Environmental Matters|Section 42-17.7-5 - Pre-hearing procedure - Depositions - Exhibits - Formulating issues - Other procedures.

§ 42-17.7-5. Pre-hearing procedure — Depositions — Exhibits — Formulating issues — Other procedures.(a) Prior to the commencement of any hearing, the hearing officer may in his or her discretion direct the parties or their attorneys to appear before him or her for such conferences as shall be necessary. At such conferences the hearing officer may order any party to file, prior to the commencement of any formal hearing, any exhibits the party intends to use in the hearing and the names and addresses of witnesses the party intends to produce in its direct case together with a short statement of the testimony of each witness. Following entry of such an order, a party shall not be permitted, except in the discretion of the hearing officer, to introduce into evidence in said party's direct case exhibits which are not filed in accordance with the order. At such conference, the hearing officer may designate a date before which he or she requires any party to specify what issues are conceded and further proof of conceded issues shall not be required. The hearing officer shall also require the parties to simplify the issues, to consider admissions of fact and of documents which will avoid unnecessary proof and to limit the number of expert witnesses. The hearing officer shall enter an order reciting the concessions and agreements made by the parties, and shall enter an order on such other matters as are pertinent to the conduct of the hearing, and, unless modified, the hearing shall be conducted by the order.(b) The hearing officer may also order the parties to file prior to the commencement of any hearing the testimony of any or all of their respective witnesses and to submit such testimony to the hearing officer and the opposing party or the opposing counsel by such date as the hearing officer shall determine. The witness shall testify under oath, and all of such testimony shall be in a question and answer format. Save for good cause shown, said testimony shall be the direct examination of said witness; provided, however, that said witness shall be available at the hearing for cross-examination by the opposing party or opposing counsel.(c) The director with the assistance of the chief hearing officer shall promulgate by regulation such other pre-hearing procedures and/or hearing procedures as deemed necessary including the use of portions of the superior court civil rules of discovery where they are not inconsistent with the applicable provisions of the Administrative Procedures Act, chapter 35 of this title.History of Section.P.L. 1989, ch. 508, § 1.
RI Gen L § 42-17.7-6 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-17.7 - Administrative Adjudication for Environmental Matters|Section 42-17.7-6 - Hearings - Orders - Concurrent jurisdiction.

§ 42-17.7-6. Hearings — Orders — Concurrent jurisdiction.(a) Subject to the provisions of § 42-17.7-2, every hearing for the adjudication of a violation or for a license shall be held before a hearing officer. The chief hearing officer shall assign a hearing officer to each matter. After due consideration of the evidence and arguments, the hearing officer shall make written findings of fact and conclusions of law which shall be made public.(b) The department of environmental management and the coastal resources management council shall promulgate such rules and regulations, not inconsistent with law, as to assure uniformity of proceedings as applicable.History of Section.P.L. 1989, ch. 508, § 1; P.L. 2010, ch. 88, § 1; P.L. 2010, ch. 114, § 1.
RI Gen L § 42-17.7-7 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-17.7 - Administrative Adjudication for Environmental Matters|Section 42-17.7-7 - Ex parte consultations.

§ 42-17.7-7. Ex parte consultations.Notwithstanding the provisions of § 42-35-13, the director shall have no communication directly or indirectly, with a hearing officer relating to any issue of fact or of law on any matter then pending before said hearing officer.History of Section.P.L. 1989, ch. 508, § 1.
RI Gen L § 42-17.7-8 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-17.7 - Administrative Adjudication for Environmental Matters|Section 42-17.7-8 - Oaths - Subpoenas - Powers of hearing officers.

§ 42-17.7-8. Oaths — Subpoenas — Powers of hearing officers.(a) The hearing officers are hereby severally authorized and empowered to administer oaths; and the hearing officers, in all cases of every nature pending before them, are hereby authorized and empowered to summon and examine witnesses and to compel the production and examination of papers, books, accounts, documents, records, certificates, and other legal evidence that may be necessary or proper for the determination and decision of any question before or the discharge of any duty required by law of the hearing officer.(b) All subpoenas and subpoena duces tecum shall be signed by a hearing officer or the clerk and shall be served as subpoenas are served in civil cases in the superior court; and witnesses so subpoenaed shall be entitled to the same fees for attendance and travel as are provided for witnesses in civil cases in the superior court. In cases of contumacy or refusal to obey the command of the subpoena so issued, the superior court shall have jurisdiction upon application of the director with proof by affidavit of the fact, to issue a rule or order returnable in not less than two (2) nor more than five (5) days directing such person to show cause why he or she should not be adjudged in contempt.(c) Upon return of such order, the justice before whom the matter is brought for hearing shall examine under oath such person, and such person shall be given an opportunity to be heard, and if the justice shall determine that this person has refused without reasonable cause or legal excuse to be examined or to answer a legal or pertinent question, he or she may impose a fine upon this offender or forthwith commit the offender to the adult correctional institutions until he or she submits to do the act which he or she was so required to do, or is discharged according to law.History of Section.P.L. 1989, ch. 508, § 1; P.L. 2007, ch. 340, § 23.
RI Gen L § 42-17.7-9 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-17.7 - Administrative Adjudication for Environmental Matters|Section 42-17.7-9 - Uniform appeal period established.

§ 42-17.7-9. Uniform appeal period established.Regardless of any other provision of the general laws to the contrary, all requests for an adjudicatory hearing within the department of environmental management must be in writing and must be filed with the clerk of the administrative adjudication division for environmental matters within twenty (20) calendar days of receipt of the contested agency action for all enforcement actions. All license and permit appeals must be filed with the clerk of the administrative adjudication division for environmental matters within thirty (30) calendar days of receipt of the contested agency action. Every notice of contested agency action shall provide notice of the twenty (20) day or thirty (30) day appeal period and of the procedures for filing an appeal. The time and manner of filing established in this chapter are mandatory and jurisdictional.History of Section.P.L. 2000, ch. 281, § 1.
RI Gen L § 42-17.8-1 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-17.8 - The Rhode Island Environmental Compliance Incentive Act|Section 42-17.8-1 - Purpose.

§ 42-17.8-1. Purpose.(a) The Rhode Island general assembly hereby finds that voluntary, public compliance with environmental laws, rules and regulations is a principal component in effectively protecting the environment of the state; and that voluntary compliance is most effectively achieved through the implementation of regular, systematic and objective self-evaluative activities such as environmental audits and/or the implementation of an environmental management system designed to monitor and assure continuing compliance with all applicable laws, rules and regulations.(b) In order to encourage persons who conduct regulated activities to perform voluntary self-evaluations of their compliance programs and management systems, and to thereby improve compliance with environmental statutes and/or regulations, the Rhode Island general assembly finds that it is in the public interest to encourage such activities by promoting confidentiality of communications relating to the voluntary self-evaluations to those who properly and timely report the findings of the self-evaluations to the regulatory authority or authorities responsible for protecting the environment of the state.History of Section.P.L. 1997, ch. 196, § 1; P.L. 2001, ch. 141, § 1.
RI Gen L § 42-17.8-3 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-17.8 - The Rhode Island Environmental Compliance Incentive Act|Section 42-17.8-3 - Compliance incentives.

§ 42-17.8-3. Compliance incentives.Subject to the exceptions set forth in § 42-17.8-4, when a regulated entity establishes that it has satisfied all of the conditions set forth in §§ 42-17.8-5, 42-17.8-6 and 42-17.8-7 and has thoroughly and timely complied with any agreement or consent order entered into with the department to resolve the violations disclosed by the regulated entity, the department shall not:(1) Assess gravity-based penalties for any violation of environmental laws reported by the regulated entity;(2) Refer the regulated entity to the attorney general or other governmental authority for civil or criminal prosecution relating to the violation(s) disclosed by the regulated entity; provided, however, that nothing in this section shall be construed to limit any attorney-client privilege or deliberative process privilege otherwise provided or established by law; or(3) Request or use a regulated entity's environmental audit report(s) as a regular means of investigation or as basis for initiating administrative, civil, or criminal actions.History of Section.P.L. 1997, ch. 196, § 1; P.L. 2001, ch. 141, § 1.
RI Gen L § 42-17.8-4 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-17.8 - The Rhode Island Environmental Compliance Incentive Act|Section 42-17.8-4 - Exceptions.

§ 42-17.8-4. Exceptions.No regulated entity shall be entitled to avail itself of the compliance incentives set forth in § 42-17.8-3 where:(1) The regulated entity fails to comply with the conditions set forth in §§ 42-17.8-5, 42-17.8-6 and 42-17.8-7;(2) The regulated entity's conduct and/or violations demonstrate a willful or knowing or reckless disregard for complying with environmental laws or a management pattern or practice that has the effect of condoning or concealing violations of environmental laws;(3) Gross negligence on the part of the regulated entity;(4) The violation resulted in serious, actual harm or created an imminent and substantial endangerment to human health, public safety or the environment;(5) The violation(s) in question is a "repeat violation" that has occurred within the past three (3) years at the same facility, or is part of a pattern of federal, state or local violations by the regulated entity. For the purposes of this section, a violation is:(i) Any violation of federal, state or local environmental law identified in a judicial or administrative order, consent agreement, or order by the department, EPA or other governmental agency, a conviction or plea agreement; or(ii) Any act or omission for which the regulated entity has previously received penalty mitigation from EPA or the department or local agency.(6) The regulated entity fails to cooperate fully with the department by providing such information as is necessary for the department to determine applicability of this chapter. Cooperation includes, at a minimum, providing the department with all relevant documents, access to the regulated entity's facility(ies) and assistance in investigating the violation and any environmental consequences resulting from the violation.History of Section.P.L. 1997, ch. 196, § 1; P.L. 2001, ch. 141, § 1.