reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.8 - The Rhode Island Environmental Compliance Incentive Act › Section 42-17.8-5. - Discovery of environmental noncompliance.

§ 42-17.8-5. Discovery of environmental noncompliance.
In order to qualify for the compliance incentives set forth in § 42-17.8-3, a regulated entity’s discovery of violations must:
(1)
Be followed by submission to the department of an accurate and complete documentation regarding how it exercises due diligence to prevent, detect and correct violations according to the criteria for due diligence outlined in § 42-17.8-2; and
(2)
Be the result of voluntary activities and not the result of legally mandated monitoring, sampling or reporting requirement prescribed by environmental law, a judicial or administrative order, or a consent agreement. For example, this chapter shall not apply to:
(i)
Emissions violations detected through a continuous emissions monitor (or alternative monitor established in a permit where that monitoring is required);
(ii)
Violations of national pollutant discharge elimination system (NPDES) discharge limits detected through required sampling or monitoring;
(iii)
Violations discovered through an environmental audit required to be performed by the terms of an administrative or court order or settlement agreement.
History of Section.
P.L. 1997, ch. 196, § 1; P.L. 2001, ch. 141, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.8 - The Rhode Island Environmental Compliance Incentive Act › Section 42-17.8-6. - Disclosure of noncompliance.

§ 42-17.8-6. Disclosure of noncompliance.
In order to qualify for the compliance incentives set forth in § 42-17.8-3, a regulated entity must fully disclose the violations discovered in accordance with the following:
(1)
Each specific violation shall be disclosed, in writing, within fifteen (15) days (or such shorter period provided by law) of discovery. The written disclosure shall identify:
(i)
Each violation discovered;
(ii)
How each violation was discovered (i.e., audit or due diligence);
(iii)
All supporting information or data (i.e. documents, equipment testing results, monitoring results, laboratory analysis, etc.); and
(iv)
All actions that have been or will be taken by the regulated entity to bring itself into compliance, to mitigate any actual or threatened harm and to remediate any resulting damage.
(2)
The violation must be disclosed by the regulated entity prior to:
(i)
Commencement of a federal, state or local agency inspection or investigation, or the issuance by such agency of an information request to the regulated entity;
(ii)
Notice of a citizen suit;
(iii)
The filing of a civil or criminal complaint or administrative action by a government entity or a third-party;
(iv)
The reporting of the violation to the department (or other government entity) by a third-party;
(v)
The reporting of the violation to the department by an independent source, provided that the date of discovery is documented in the official report of the department.
History of Section.
P.L. 1997, ch. 196, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.8 - The Rhode Island Environmental Compliance Incentive Act › Section 42-17.8-7. - Compliance, remediation and mitigation of violations.

§ 42-17.8-7. Compliance, remediation and mitigation of violations.
(a)
In order to qualify for the compliance incentives set forth in § 42-17.8-3, a regulated entity must correct the violation within sixty (60) days from the date said violation was reported to the department, certify in writing that the violations have been corrected, and take appropriate measures, as determined by the department, to remedy any environmental harm or threat to public health or safety resulting from the violation. If more than sixty (60) days will be needed to correct the violation(s), the regulated entity shall provide the department with a written compliance schedule before the sixty (60) day period has passed.
(b)
The regulated entity shall agree, in writing, to take steps to prevent a recurrence of the violation(s), which may include improvements to its environmental auditing or due diligence efforts.
(c)
Where compliance or remedial measures are complex or a lengthy schedule for attaining and maintaining compliance or remediating harm is required, the department may require a regulated entity to enter into a publicly available written agreement, administrative consent order or judicial consent decree as a means of assuring that the required measures are performed in a prompt, professional manner.
(d)
The department may forgive the entire penalty for violations which meet the conditions of this chapter and, in the department’s opinion, do not merit any penalty due to the insignificant amount of any economic benefit.
History of Section.
P.L. 1997, ch. 196, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.8 - The Rhode Island Environmental Compliance Incentive Act › Section 42-17.8-8. - Applicability.

§ 42-17.8-8. Applicability.
This chapter shall apply to the assessment of penalties for any violations under all federal and state environmental statutes which the department administers.
History of Section.
P.L. 1997, ch. 196, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.9 - Preservation of State Open Space › Section 42-17.9-1. - Findings.

§ 42-17.9-1. Findings.
The general assembly finds and declares that the preservation of open space and the protection of natural resources values are a fundamental interest of the state an essential function of state government, that property has been acquired and managed by the state for open space values and associated natural resource purposes, and that the state needs clear, consistent, and explicit policy restricting conveyances of state property acquired or managed for open space purposes or natural resources values.
History of Section.
P.L. 2006, ch. 649, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.9 - Preservation of State Open Space › Section 42-17.9-2. - Purposes.

§ 42-17.9-2. Purposes.
The purposes of this chapter are:
(1)
To protect and support the public’s interests in open space values as a means of preserving the use and the enjoyment of the natural resources of the state, of enhancing environmental quality and functionality, of defining and enhancing the sense of place, of providing recreational opportunities, and of contributing to the quality of life;
(2)
To recognize, respect, and protect the interests and investments of non-profit organizations, foundations, federal government, land-owners, the original grantors and donors in properties acquired and or managed for open space values;
(3)
To assure that the conveyance of interests in state properties with open space values is to the maximum extent reasonably feasible not inconsistent with the state guide plan and elements thereof, and with local comprehensive plans and elements thereof that have been approved as consistent with the state guide plan;
(4)
To provide a comprehensive evaluation of open space values prior to the conveyance of state interests in property or formal amendments to or changes in allowed use, with the objectives of preserving and protecting the public’s interest in open space; but
(5)
Not to reduce or abrogate levels of protection accorded to state-owned property acquired and managed for open space, conservation, and/or natural resource values; and
(6)
To provide a model for public open space protection.
History of Section.
P.L. 2006, ch. 649, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.9 - Preservation of State Open Space › Section 42-17.9-3. - The state’s interest in natural resource values.

§ 42-17.9-3. The state’s interest in natural resource values.
For purposes of this chapter, the state’s interest in open space values shall mean interests established by law or by investment of public resources and shall include the natural resource, recreational, habitat and ecological, water supply, agricultural, soil conservation, and forestry values of lands, wetlands, and waters, acquired, preserved, conserved, and/or protected under the provisions of law.
History of Section.
P.L. 2006, ch. 649, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.9 - Preservation of State Open Space › Section 42-17.9-4. - Limitation of application.

§ 42-17.9-4. Limitation of application.
The evaluation procedures to be implemented pursuant to §§ 42-17.9 and 42-17.9-7 of this chapter shall apply only to properties or portions of properties where the state is the sole property owner, or the state through a grant, lease-hold, or other legal instrument has the functional equivalent of ownership and the state controls the use of the property.
History of Section.
P.L. 2006, ch. 649, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.9 - Preservation of State Open Space › Section 42-17.9-5. - Rulemaking by the department.

§ 42-17.9-5. Rulemaking by the department.
(a)
The department of environmental management, in consultation with the department of administration, shall by March 15, 2007, establish by rule, integrated standards and guidelines for preserving and protecting the state’s interest in open space values; the department shall report on or before January 15, 2007, to the speaker of the house, the president of the senate, the chairperson of the house committee on environment and natural resources and the chairperson of the senate committee on environment and agriculture on the status of the development of said standards and guidelines.
(b)
Said standards and guidelines shall set forth and provide for the implementation of criteria for evaluating actions that would convey or amend state interests or constitute changes in use of state-owned and managed property requiring the approval of the department of administration or the state properties committee. Said criteria shall provide at a minimum:
(1)
That any conveyance or amendment affecting the state’s interest in open space values of such property shall serve a necessary public interest and is the minimum needed to achieve the purposes of the conveyance, amendment, or change in use; and
(2)
That to the extent reasonably feasible there is no net loss of open space values as a result of such conveyance, amendment, or change in use; and
(3)
That prior to any sale, transfer, conveyance and/or amendment of interests, which would adversely affect open space values, in state-owned property that was acquired and/or dedicated to and managed for open space purposes, a new and not yet conserved parcel at least equal in open space values and acreage shall be acquired by the state for conservation purposes provided this criterion shall not apply in instances of declared disasters or emergencies or in instances of imminent threat to public health or public safety.
(c)
Said standards and guidelines may provide for a determination that a parcel other than a parcel acquired or managed for open space purposes or natural resources values does not have significant open space value or that a specific amendment or change in use or type of use would not have a significant impact on open space values, in which case the use of standards, guidelines, and evaluation criteria as provided for in §§ 42-17.9-6 and 42-17.9-7 shall not be required.
(d)
Said standards and guidelines shall be reviewed by the department at least once every five (5) years and shall either be amended or affirmed by the department as appropriate.
History of Section.
P.L. 2006, ch. 649, § 1; P.L. 2007, ch. 340, § 24.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.9 - Preservation of State Open Space › Section 42-17.9-6. - Applicability of standards, guidelines, and evaluation criteria.

§ 42-17.9-6. Applicability of standards, guidelines, and evaluation criteria.
The standards, guidelines, and evaluation criteria shall be used by any state agency proposing a sale, transfer, conveyance and/or amendment of interests in state-owned property and shall be applicable to the sale, transfer, conveyance and/or amendment of interests in property subject to the provisions of chapters 37-6 and 37-7, but shall not be deemed either to abridge, impair, or restrict, the planning, management, or regulatory authority of state departments and agencies with responsibility for conserving, preserving, protecting, using, managing and enhancing natural resources under the jurisdiction of such departments and agencies or to contravene location or use decisions specifically provided for in statute or approved by referendum.
History of Section.
P.L. 2006, ch. 649, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.9 - Preservation of State Open Space › Section 42-17.9-7. - Use of evaluation criteria.

§ 42-17.9-7. Use of evaluation criteria.
Prior to a final action subject to the evaluation criteria, the agency proposing the sale, transfer, conveyance and/or amendment of interests in state property shall submit to the state properties committee an evaluation of the effect of the proposed action on the state’s interest in open space values; the agency may submit a finding of no significant impact, other than for a property acquired and managed for open space values. The evaluation by the agency shall be a matter of record and shall be considered by the state properties committee in rendering its decision with regard to the transaction.
History of Section.
P.L. 2006, ch. 649, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.9 - Preservation of State Open Space › Section 42-17.9-8. - Reporting.

§ 42-17.9-8. Reporting.
The director of administration shall report annually by January 1 of each year to the governor, the speaker of the house, the president of the senate, the chairperson of the house committee on environment and natural resources and the chairperson of the senate committee on environment and agriculture with regard to the use of said standards, guidelines and criteria, in final decisions made by the state properties committee during the preceding fiscal year.
History of Section.
P.L. 2006, ch. 649, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.10 - Enforcement of Certain Natural Resource Violations › Section 42-17.10-1. - Civil violations — Jurisdiction — Penalties.

§ 42-17.10-1. Civil violations — Jurisdiction — Penalties.
In order to handle minor environmental offenses in a fair and expeditious manner, the following environmental offenses are declared to be civil violations and shall be within the jurisdiction of the Rhode Island traffic tribunal. Penalties assessed for violations shall correspond to the fines described.
20-1-12
Fixing of seasons and bag limits
$100.00
20-11-20
Fresh water fishing — Penalties
$100.00
20-13-16
Harassment of hunters, trappers, and fishers
minimum of $100.00, not to exceed $500.00
20-16-17
Prohibition against hunting/killing otter
$100.00
23-22.5-9
Swimming in breachways prohibited
not to exceed fifty dollars $50.00
32-2-4
Parks and recreational areas — Rules and Regulations Enforcement — Power of director
not to exceed one hundred dollars $100.00
46-22-19(1)
Regulation of boats — Penalties
not to exceed one hundred dollars $100.00
History of Section.
P.L. 2007, ch. 253, § 1; P.L. 2007, ch. 294, § 1; P.L. 2021, ch. 98, § 3, effective July 1, 2021; P.L. 2021, ch. 99, § 3, effective July 1, 2021.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.10 - Enforcement of Certain Natural Resource Violations › Section 42-17.10-2. - Form of summons.

§ 42-17.10-2. Form of summons.
(a)
The form of the summons and the complaint authorized by this section shall be used for all environmental civil violations specified in § 42-17.10-1. The summons and complaint to be issued to an alleged offender shall contain such information, and be in such form, as may be required by the rules and procedures promulgated by the chief judge of the district court for the traffic tribunal. Every summons shall provide notice of: (i) the charge or charges against the individual; and (ii) a date to appear in the traffic tribunal and answer the charges against him or her.
(b)
The summons may be the same as the summons provided for in § 31-27-12. The chief of law enforcement of the department of environmental management, the chief executive officer of any other police department citing persons for environmental civil violations in accordance with § 42-17.10-1, peace officers and other individuals authorized to enforce civil violations as stipulated in § 42-17.10-1 shall prepare or cause to be prepared any records and reports that may be prescribed by the rules of the traffic tribunal.
History of Section.
P.L. 2007, ch. 253, § 1; P.L. 2007, ch. 294, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.10 - Enforcement of Certain Natural Resource Violations › Section 42-17.10-3. - Payment without personal appearance.

§ 42-17.10-3. Payment without personal appearance.
Any enforcement officer of the department of environmental management, the chief executive officer of any other police department citing persons for environmental civil violations in accordance with § 42-17.10-1, peace officers and other individuals authorized to enforce civil violations as stipulated in § 42-17.10-1 who charges any person with a civil violation as set forth in § 42-17.10-1 of this chapter shall, in addition to issuing a summons for the violation, provide the alleged violator with a form which will allow the violator to dispose of the charge without the necessity of personally appearing before the traffic tribunal. Penalties assessed in accordance with this section shall be one hundred dollars ($100) for all violations set forth in § 42-17.10-1, except for violations of § 23-22.5-9, which shall have a penalty not to exceed fifty dollars ($50.00). This section shall apply to residents and nonresidents alike.
History of Section.
P.L. 2007, ch. 253, § 1; P.L. 2007, ch. 294, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.10 - Enforcement of Certain Natural Resource Violations › Section 42-17.10-4. - Method of payment.

§ 42-17.10-4. Method of payment.
If the alleged violator elects to dispose of the charge without personally appearing before the traffic tribunal, he or she shall execute the form indicated and return it to the traffic tribunal not later than twenty (20) days from the date of the summons either by mailing or delivering the form and summons to the violation section of the traffic tribunal, or to its designee, together with cash, check or money order in the amount indicated by the fine schedule on the form.
History of Section.
P.L. 2007, ch. 253, § 1; P.L. 2007, ch. 294, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.10 - Enforcement of Certain Natural Resource Violations › Section 42-17.10-5. - Failure to answer or appear.

§ 42-17.10-5. Failure to answer or appear.
In the event the person charged with a violation does not pay the fine administratively in accordance with the provisions of § 42-17.10-3, then he or she shall have waived his or her right to dispose of the violation without personal appearance, and the person charged with the violation must then appear before the traffic tribunal on the date specified on the summons. If the person charged with the violation shall fail to appear on the specified date, a judge or magistrate may enter default judgment, and after hearing any evidence presented, determine whether the charges have been established. If the charges are not established, an order dismissing the charges shall be entered. If a determination is made that a charge has been established, an appropriate order shall be entered in the records of the traffic tribunal.
History of Section.
P.L. 2007, ch. 253, § 1; P.L. 2007, ch. 294, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.10 - Enforcement of Certain Natural Resource Violations › Section 42-17.10-6. - Hearings.

§ 42-17.10-6. Hearings.
(a)
Every hearing for the adjudication of a violation, as provided by this chapter, shall be held before a judge or magistrate of the traffic tribunal. The burden of proof shall be upon the state, and no charge may be established except by clear and convincing evidence. A verbatim recording shall be made of all proceedings. The chief judge may prescribe, by rule or regulation, the procedures for the conduct of the hearings and for pre-hearing discovery.
(b)
After due consideration of the evidence and arguments, the judge or magistrate shall determine whether the charges have been established, and appropriate findings of fact shall be made on the record. If the charges are not established, an order dismissing the charges shall be entered. If a determination is made that a charge has been established or if an answer admitting the charge has been received, an appropriate order shall be entered in the records of the traffic tribunal.
(c)
An order entered after the receipt of an answer admitting the charge or where a determination is made that the charge has been established shall be civil in nature, and shall be treated as an adjudication that a violation has been committed. A judge or magistrate may include in the order the imposition of any penalty authorized by any provisions of this chapter for the violation, except that no penalty for it shall include imprisonment.
(d)
A hearing fee of twenty-five dollars ($25.00) shall be assessed by the traffic tribunal against each person pleading guilty to or found guilty of the violation. Any person charged with a violation who pays the fine administratively pursuant to § 42-17.10-3 shall not be subject to any hearing fee or additional costs or assessments.
(e)
Any party aggrieved by a judgment or order of the traffic tribunal entered pursuant to the provisions of this chapter may seek further review pursuant to §§ 31-41.1-8 and 31-41.1-9.
History of Section.
P.L. 2007, ch. 253, § 1; P.L. 2007, ch. 294, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.10 - Enforcement of Certain Natural Resource Violations › Section 42-17.10-7. - Violations by juveniles.

§ 42-17.10-7. Violations by juveniles.
The Rhode Island family court shall retain exclusive jurisdiction over violations of this chapter involving juveniles.
History of Section.
P.L. 2007, ch. 253, § 1; P.L. 2007, ch. 294, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-17.10 - Enforcement of Certain Natural Resource Violations › Section 42-17.10-8. - Suspension for failure to pay fine.

§ 42-17.10-8. Suspension for failure to pay fine.
The Department of Environmental Management shall immediately suspend all license(s) and registration of a person issued by the Department, and shall deny access to all services and facilities owned or managed by the Department, upon certification of a clerk of the traffic tribunal that the person has failed to pay fines or costs imposed for a violation of any provision of this chapter within the time period provided for payment by the court. All agencies of the state, shall cooperate and provide any information requested by the Department of Environmental Management to enforce the provisions of this section. The suspension(s) shall remain in force until all fines or costs are paid to the respective courts.
History of Section.
P.L. 2007, ch. 253, § 1; P.L. 2007, ch. 294, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-18 - Department of Health › Section 42-18-1. - Department established — Powers.

§ 42-18-1. Department established — Powers.
There shall be a department of health. The head of the department shall be the director of health, who shall carry out, except as otherwise provided by this title, the provisions of chapters 10, 19, 27, 29 — 31, inclusive, and 33 — 37, inclusive, of title 5; chapters 1, 11, 14, 17, 22, 23, 27, 28, and 30 of title 21; chapters 1, 3, 5, 6, 8 — 11, inclusive, 13, 17, and 20 — 22, inclusive, of title 23; and chapter 13 of title 46 and of all other general laws and public laws heretofore carried out by the former director of public health and department of public health.
History of Section.
P.L. 1939, ch. 660, § 180; G.L. 1956, § 42-18-1; Reorg. Plan No. 1, 1970; P.L. 1977, ch. 182, § 13.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-18 - Department of Health › Section 42-18-2. - Milk inspection powers.

§ 42-18-2. Milk inspection powers.
The department of health and director of health shall enforce the provisions of chapter 2 of title 21, relating to milk; provided, however, that nothing contained in this section shall infringe upon the powers and duties of the department of environmental management relating to the inspection of cattle, milk herds, or the economic control of milk.
History of Section.
P.L. 1939, ch. 660, § 184; G.L. 1956, § 42-18-2; P.L. 1962, ch. 80, § 7; impl. am. 1965, ch. 137, § 1; as reen. 1969.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-18 - Department of Health › Section 42-18-3. - Additional transfer of functions from former department of social welfare.

§ 42-18-3. Additional transfer of functions from former department of social welfare.
There are hereby transferred to the director of the department of health:
(1)
Those functions of the former department of social welfare which were administered through or with respect to the licensing of homes for aged and convalescent persons (title 40);
(2)
All functions relating to the licensing of homes for aged and convalescent persons formerly in the department of social welfare and of all other officers, employees, agencies and advisory councils, committees or commissions involved in the licensing of homes for aged and convalescent persons;
(3)
So much of other functions or parts of functions of the former director of the department of social welfare as is incidental to or necessary for the performance of the functions transferred by subdivisions (1) and (2).
History of Section.
Reorg. Plan No. 1, 1970; G.L. 1956, § 42-18-3; P.L. 1977, ch. 142, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-18 - Department of Health › Section 42-18-4. - Cooperation with the department of environmental management.

§ 42-18-4. Cooperation with the department of environmental management.
(a)
The director of the department of health shall cooperate with the department of environmental management and shall make available to the department of environmental management such testing and laboratory facilities and such technical personnel as are within the jurisdiction of the department of health as directed by the environmental standards board.
(b)
Whenever there arises an emergency, condition, or threat to the public health as a result of a disease in the animal population under the jurisdiction of the director of environmental management by virtue of the provisions of title 4 or § 21-2-22, the director of environmental management shall immediately notify the director of health. The director of health shall, upon notification of the emergency condition or threat to the public health, assign an agent to work with the director of environmental management until such time as the emergency or threat has been removed.
History of Section.
P.L. 1977, ch. 182, § 14; P.L. 1982, ch. 78, § 7.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-18 - Department of Health › Section 42-18-5. - Transfer of powers and functions from department of health.

§ 42-18-5. Transfer of powers and functions from department of health.
(a)
There are hereby transferred to the department of administration:
(1)
Those functions of the department of health that were administered through or with respect to departmental programs in the performance of strategic planning as defined in § 42-11-10(c);
(2)
All officers, employees, agencies, advisory councils, committees, commissions, and task forces of the department of health who or that were performing strategic planning functions as defined in § 42-11-10(c); and
(3)
So much of other functions, or parts of functions, and employees and resources, physical and funded, related thereto of the director of health as are incidental to, and necessary for, the performance of the functions transferred by subdivisions (1) and (2).
(b)
[Deleted by P.L. 2016, ch. 142, art. 4, § 14].
(c)
There is hereby transferred to the executive office of health and human services the HIV/AIDS care and treatment programs and all functions and resources associated therewith. The department of health shall retain the HIV surveillance and prevention programs and all functions and resources associated therewith.
History of Section.
P.L. 1985, ch. 181, art. 29, § 3; P.L. 2010, ch. 23, art. 7, § 2; P.L. 2011, ch. 151, art. 9, § 7; P.L. 2012, ch. 241, art. 18, § 3; P.L. 2016, ch. 142, art. 4, § 14.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-18 - Department of Health › Section 42-18-7. - Transfer of functions from the department of human services.

§ 42-18-7. Transfer of functions from the department of human services.
There is hereby transferred to the department of health those functions and resources formerly administered by the department of human services relating to the administration and management of the special supplemental nutrition program for women, infants, and children (WIC) authorized by § 23-13-17.
History of Section.
P.L. 2016, ch. 142, art. 4, § 15.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-18 - Department of Health › Section 42-18-8. - Cooperation with the department of corrections.

§ 42-18-8. Cooperation with the department of corrections.
The director of the department of health shall coordinate and cooperate with the director of the department of corrections to ensure collaboration around existing department of health programs and initiatives, with regard to people under the care of the department of corrections, on probation, during incarceration, and upon release to the community.
History of Section.
P.L. 2017, ch. 343, § 3; P.L. 2017, ch. 349, § 3.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-20 - Administration of State Departments › Section 42-20-1. - Effect of omission of citations.

§ 42-20-1. Effect of omission of citations.
The omission in this title of a citation of any general law or public law now in force which make it mandatory upon or permissive for any department, division, or other agency of the state to perform certain functions which by this title are assigned or transferred and placed in the hands of any other department or agency, shall not suspend or annul the right of any department or agency created by this title to carry out those functions where the obvious intent was so to do.
History of Section.
P.L. 1939, ch. 660, § 247; G.L. 1956, § 42-20-1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-20 - Administration of State Departments › Section 42-20-2. - Assignment of functions by department heads.

§ 42-20-2. Assignment of functions by department heads.
Whenever it is provided by law that an officer under the direction of a department head shall perform certain duties or functions, the department head may designate some person in the department to perform those duties or functions, and the person designated shall have and possess all the rights, duties, and privileges appertaining thereto, notwithstanding any change in the title or designation of the office.
History of Section.
P.L. 1939, ch. 660, § 243; G.L. 1956, § 42-20-2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-20 - Administration of State Departments › Section 42-20-3. - Powers exercised by heads of departments — Designations of subordinates.

§ 42-20-3. Powers exercised by heads of departments — Designations of subordinates.
Whenever certain powers or duties are conferred or imposed by existing law upon an official or employee of the state having a definite title, those powers and duties shall be exercised and performed by the director or other head of a department by the independent agency, his or her or its assistants, to which the department or agency those powers and duties are by this title transferred. The head of any department may, with the approval of the governor, designate the official titles or designations of subordinate officers or employees to be used by them in the official business of the state whenever the necessity thereof may require, and they shall be so entitled and described in all official functions, duties, or business.
History of Section.
P.L. 1939, ch. 660, § 244; G.L. 1956, § 42-20-3.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-20 - Administration of State Departments › Section 42-20-4. - Reorganizations to comply with federal law.

§ 42-20-4. Reorganizations to comply with federal law.
If not otherwise provided by law, the director or head of any department or agency may, with the approval of the governor, establish such administrative and organization units for the conduct of the affairs of the department as may be necessary or to conform with the requirements of federal legislation now in force or which may hereafter be enacted by the congress of the United States.
History of Section.
P.L. 1939, ch. 660, § 241; G.L. 1956, § 42-20-4.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-20 - Administration of State Departments › Section 42-20-5. - Appointment of deputies.

§ 42-20-5. Appointment of deputies.
Wherever this title does not provide for a deputy director in any department, the director may designate some person in the department to act in his or her absence or incapacity, or whenever the circumstances may require. An alternate to the deputy may similarly be designated. Whenever in any general or public law provision is made for a director to be a member of or serve on a board, commission, committee or to act in some capacity as a result of the office he or she holds, he or she may, after filing written notice with the office of secretary of state as to his or her intention, designate the deputy or an alternate to serve in his or her place with the same powers as if he or she were present. Any designation may be revoked at any time by filing a written revocation in the office of secretary of state.
History of Section.
P.L. 1939, ch. 660, § 242; G.L. 1956, § 42-20-5; P.L. 1964, ch. 116, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-20 - Administration of State Departments › Section 42-20-6. - Construction of laws fixing salaries and providing for expenses.

§ 42-20-6. Construction of laws fixing salaries and providing for expenses.
Whenever in any general law or public law or resolution of the general assembly prior to February 7, 1939 there shall have been stated a fixed amount for a salary, wage, compensation, or for personal services, or for clerical assistance, or a fixed amount for office expense, printing and binding, advertising, traveling expense, repairs and replacements, or other specified charges, it shall be hereafter construed that the designation of a specified amount is eliminated from that law and the phrase “The general assembly shall annually appropriate such sum as it may deem necessary for such purpose” shall be substituted therefor.
History of Section.
P.L. 1939, ch. 660, § 258; G.L. 1956, § 42-20-6.