Section 280-RICR-30-15-1.16 - Denial, Suspension, or Revocation of Authorization1.16.1DenialThe Department may deny the issuance of authorization to perform motor vehicle inspections under these regulations as provided by law.
1.16.2ViolationsIf the Department has reason to believe that a person is violating the provisions of these rules, the Department may issue its order to such person, commanding them to appear at a Hearing Board for a hearing to be held not sooner than ten (10) days nor later than twenty (20) days after issuance of said order to show cause why the Department should not issue an order to said person to cease and desist from such violation of the provisions of this regulation.
1.16.3Finding of FactA. If as a result of a hearing, the Hearing Board is satisfied that such person is in fact violating any provision of these regulations, then it shall order such person, in writing, to cease and desist from such a violation or may, at its discretion, suspend or revoke the authorization of that person to inspect motor vehicles.B. A person found to be in violation of the provisions of these regulations shall be subject to a suspension under the following penalty schedule: 1. First Violation a. A person found to be in violation of the provisions of these regulations for the first time shall be subject to a suspension of authorization to inspect motor vehicles for a minimum of ten (10) days.2. Second Violation a. A person found to be in violation of the provisions of these regulations for the second time shall be subject to a suspension of authorization to inspect motor vehicles for a minimum of thirty (30) days.3. Third and all Subsequent Violationsa. A person found to be in violation of the provisions of these regulations for the second time shall be subject to a suspension of authorization to inspect motor vehicles for a minimum of thirty (30) days.b. In addition to the suspension penalties the Administrator may, at his discretion, impose a fine of up to $1,000. Reinstatement may be requested at the end each suspension period. The reinstatement shall be at the discretion of the hearing board or the Administrator.1.16.4Failure to Comply If such person shall thereafter fail to comply with the order of the Department, the Sixth Division District Courts for the State of Rhode Island shall have jurisdiction upon complaint of the Department to restrain and enjoin such person from violating this chapter.
1.16.5AppealsAny Authorized Inspection Repair Station (AIRS) or any other person dissatisfied by any order of the Hearing Board or Department may within ten (10) days after receiving an order, file a request for review with the Director of the Department of Administration and thereafter with the Superior Court, not inconsistent with these regulations and R.I. Gen. Laws Chapter 42-35.
280 R.I. Code R. 280-RICR-30-15-1.16
Adopted effective 12/31/2018