{"data":{"id":"us-ri/r.i.-gen.-laws-23-17.10-6","jurisdiction":"us-ri","citation":"R.I. Gen. Laws § 23-17.10-6","heading":"Determination of administrative penalty.","body":"In determining the amount of each administrative penalty, the director shall include, but not be limited to, the following to the extent practicable in his or her considerations:\n(1) The actual and potential impact on health, safety, and welfare of the public or any member of the public of the failure to comply;\n(2) The actual and potential damages suffered, and actual or potential costs incurred, by the director, or by any other person;\n(3) Whether the person being assessed the administrative penalty took steps to prevent noncompliance, to promptly come into compliance, and to remedy and mitigate whatever harm might have been done as a result of the noncompliance;\n(4) Whether the person being assessed the administrative penalty has previously failed to comply with any:\n(i) Federal requirement for participation in the Medicare or Medicaid programs;\n(ii) Rule, regulation, order, license, or approval issued or adopted by the director;\n(iii) Law relating to skilled nursing or intermediate care facilities; or\n(iv) Rule, regulation, or order regarding the management of infectious waste in health care facilities;\n(5) Making compliance less costly than noncompliance;\n(6) Deterring future noncompliance;\n(7) The amount necessary to eliminate the economic advantage of noncompliance including, but not limited to, the financial advantage acquired over competitors from the noncompliance;\n(8) Whether the failure to comply was intentional, willful, or knowing and not the result of error;\n(9) Any amount specified by state and/or federal statute for a similar violation or failure to comply;\n(10) Any other factor(s) that may be relevant in determining the amount of a penalty, provided that the other factors shall be set forth in the written notice of assessment of the penalty; and\n(11) The public interest.","path":["Title 23 Health and Safety","Chapter 17.10 Administrative Penalties"],"source_url":"https://webserver.rilegislature.gov/Statutes/TITLE23/23-17.10/23-17.10-6.htm","current_through":"site files published 2025-08-13","vintage":"","retrieved_at":"2026-09-05T19:56:46Z","sha256":"fa49995a49c2e31b715f02788eca3e452b6bdc2dcc1835467f5a004ae2637b99","source_id":"us-ri","stale":true,"prev":"us-ri/r.i.-gen.-laws-23-17.10-5","next":"us-ri/r.i.-gen.-laws-23-17.10-7"},"notice":"GroundRules: Original legal text. Not legal advice."}