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§16-40-9  Prosecution of violations – Forfeiture of charter. –

Published: 2015

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Private Schools [See Title 16 Chapter 97 – The Rhode Island Board of

Education Act]

SECTION 16-40-9

   § 16-40-9  Prosecution of violations –

Forfeiture of charter. –

The district court for the sixth division is empowered, upon the filing of a

complaint in writing, duly verified, which verification when made by the

department of elementary and secondary education or the office of higher

education may be made upon information and belief that any person has violated

the provisions of this chapter, to issue process in the nature of a summons at

the suit of the department or office as plaintiff; the summons shall be

returnable in not less than five (5) and not more than fifteen (15) entire

days; the process shall state in what respect this chapter has been violated by

the defendant or defendants, and upon the return of the process, or at any time

to which the trial shall be adjourned, the court shall proceed in a summary

manner to hear testimony and to determine and give judgment in the matter,

without the filing of any further pleadings for the plaintiff, for the recovery

of the penalty with costs, or for the defendant or defendants, and the court

shall, if judgment is rendered for the plaintiff, cause the defendant or

defendants other than a body corporate who may refuse or fail immediately to

pay the amount of the judgment rendered against the defendant or defendants,

and all the costs and charges incident to it, to be imprisoned for any period

not exceeding ninety (90) days. Upon any conviction under this section, the

department or office shall immediately file in the office of the secretary of

state as a public record the name of the corporation convicted or the name of

any corporation whose officer or agent shall have been convicted, and upon

filing, the charter or articles of association of the corporation shall become

forfeited by reason of the conviction and the corporation shall cease to be a

body corporate, except as provided in § 7-1.2-1324, and the secretary of

state shall immediately mail a notice of the forfeiture of charter or articles

of association to the corporation at its last known address, but failure to

receive the notice shall not invalidate the notice.

History of Section.

(P.L. 1932, ch. 1897, § 6; G.L. 1938, ch. 200, § 6; impl. am. P.L.

1951, ch. 2752, § 21; G.L. 1956, § 16-40-9; P.L. 1969, ch. 239,

§ 32; P.L. 2005, ch. 36, § 11; P.L. 2005, ch. 72, §