Section 410-RICR-10-00-13.8 - FINES; CONTESTING FINES; WAIVERA. The Board of Elections shall send a notice of noncompliance, by certified mail, to any person who fails to comply with the provisions of R.I. Gen. Laws § 17-25.3-1 et seq. A person who has been sent a notice of noncompliance and fails to correct the violation within seven (7) days of receipt of the notice may be assessed a fine by the Board of Elections pursuant to R.I. Gen. Laws § 17-25.34.B. When the Board of Elections assesses a person with a fine for failure to comply with the provisions of R.I. Gen. Laws § 17-25.3-1 et seq., and the person is subsequently notified by certified mail of the imposition of the fine, the person may appeal the fine on grounds that the fine was incorrectly imposed within thirty (30) days of receipt of the notice of non-compliance or, in the event that the notice is not claimed, within forty-five (45) days of the date on which the notice was sent. A failure to file a timely appeal shall be deemed an admission. Requests for appeals shall be in accordance with the Rules of Practice and Procedure in Adjudicatory Hearings before the Board of Elections.C. A person seeking a waiver of fines imposed under R.I. Gen. Laws § 17-25.3-4 may request a waiver by the Board of Elections for good cause shown within sixty (60) days of receipt of the notice of non-compliance or, if the notice is not claimed, within seventy-five (75) days of the date on which the notice was sent. All waiver requests shall be submitted to the Board of Elections either in writing or electronically and contain the person's name, street address, a statement specifying the fines to be waived, and cause for the noncompliance.D. The Board of Elections authorizes its Supervisory Staff to administratively review and act upon all waiver requests, including setting conditions for any full or partial waivers, where the amount of fines does not exceed five thousand dollars ($5,000). Waiver requests where the amount of fines exceeds five thousand dollars ($5,000) will be submitted to the Board of Elections for public hearing, provided that the Board of Elections hereby authorizes its legal counsel to take whatever action is available under the law to collect any outstanding penalties and, with the consent of the Supervisory Staff, to set conditions for any full or partial waivers.E. A person may appeal a decision by the Supervisory Staff on any waiver request for a de novo public hearing to the Board of Elections within forty-five (45) days of the date of notice of the decision, which shall contain a statement of the person's right of appeal. All requests for a hearing shall be in writing and in compliance with the Rules of Practice and Procedure in Adjudicatory Hearings before the Rhode Island Board of Elections.F. Nothing in this section shall prohibit the Board of Elections from acting on its own motion to waive any fines imposed.410 R.I. Code R. 410-RICR-10-00-13.8
Adopted effective 4/3/2024