State Dep't of Envtl. Mgmt. v. Admin. Adjudication Div.
Annotate this CaseTwo enforcement officers of the Rhode Island Department of Environmental Management (DEM) boarded a boat owned by Daniel Barlow when Barlow was not on board and allegedly discovered the amount of summer flounder Barlow caught that day was more than was permitted under the applicable regulations. A notice of violation followed. In the ensuing litigation, the DEM found Barlow ineligible to participate in its 2010 Summer Flounder Sector Allocation Pilot Program because of a previous consent agreement he had entered into with the department. The agreement reflected a settlement of the allegation that Barlow violated a state marine fisheries regulation for catch limits. The Administrative Adjudication Division of DEM reversed, finding the consent agreement was not an administrative penalty because it absolved Barlow of all liability arising from the alleged violation. The superior court reversed. The Supreme Court quashed the decision of the superior court and found in favor of Barlow, holding that DEM wrongly used the consent agreement as a reason to bar him from the program.
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