This Department initiated an APRA investigation against the Fire District for failure to timely comply with R.I. Gen. Laws § 38-2-3.16. See R.I. Gen. Laws § 38-2-8(d). The evidence showed that despite repeated notice from this Department and despite the District's assurances that the certifications were "forthcoming," no certifications were received until March 3, after the Fire District received notice of the present investigation. Therefore, we concluded that the Fire District violated the APRA when it failed to timely comply with R.I. Gen. Laws § 38-2-3.16. Based on the totality of the circumstances, we had concerns that the District's failure to timely comply with R.I. Gen. Laws § 38-2-3.16 was knowing and willful, or, alternatively, a reckless violation. The District shall have ten (10) business days to provide us with a supplemental explanation as to why its failure to timely comply with R.I. Gen. Laws § 38-2-3.16 should not be considered knowing and willful, or reckless, in light of its recognition of the APRA and this Department's repeated requests to comply with its requirements. A supplemental finding will follow.
