§ 42-139.1-9. Non-conforming reports - Failure to file - Penalties. (a) The secretary shall inspect the reports required by this chapter, and if it appears in the secretary's reasonable discretion that any such report was not filed or does not conform to the provisions of this chapter, the secretary shall notify that person in writing. If said person shall have failed within twenty (20) calendar days after receipt of said notice to correct the non-conformance or file the report, the secretary shall issue a show-cause order against the alleged violator requiring that person to establish facts which show reasonable cause as to why applicable penalties should be waived. If the alleged violator does not establish facts reasonably sufficient to show cause as to why penalties should not be imposed, the secretary may impose a civil penalty of up to five thousand dollars ($5,000) per violation, and may revoke the applicable registration for a period of up to three (3) years; provided, however, that the secretary shall have the discretion to issue a first-time offender a warning and directive to comply with the provisions of this act.
(b) Any penalty imposed by the secretary in accordance with this section shall be appealable by the aggrieved party to the superior court pursuant to the provisions of chapter 35 of this title.
(c) The secretary may refer the violation to the attorney general for prosecution under § 42-139.1-12.
History of Section. (P.L. 2016, ch. 62, § 3; P.L. 2016, ch. 69, § 3.)
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