Rhode Island Code of Regulations
Title 230 - Department of Business Regulation
Chapter 10 - Central Operations
Subchapter 00 - N/A
Part 2 - Rules of Procedure for Administrative Hearings
Section 230-RICR-10-00-2.16 - Penalties
Universal Citation: 230 RI Code of Rules 10 00 2.16
Current through September 18, 2024
A. In determining the appropriate penalty to impose on a Party found to be in violation of a statute(s) or regulation(s), the Presiding Officer shall look to past precedence of the Department for guidance and may consider any mitigating or aggravating circumstances.
1. Mitigating circumstances may include, but
shall not be limited to, the following: the Party's licensing history, i.e.,
the absence of prior disciplinary actions; the Party's acceptance of
responsibility for any violations; the Party's cooperation with the Department;
and the Party's willingness to give a full, trustworthy, honest explanation of
the matter at issue.
2. Aggravating
circumstances may include, but shall not be limited to, the following: the
Party's prior disciplinary history; the Party's lack of cooperation and/or
candor with the Department; the seriousness of the violation; whether the
Party's act undermines the regulatory scheme at issue; whether there has been
harm to the public; and whether the Party's act demonstrates dishonesty,
untrustworthiness, or incompetency.
B. The finding of mitigating factors will not necessarily lead to a reduction in the penalty imposed if the circumstances of the violations found by the Presiding Officer are such that they do not warrant a reduction in penalty.
Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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