§ 23-93-4 — § 23-93-4. Penalties for noncompliance.

§ 23-93-4. Penalties for noncompliance.

(a) The department, after notice and opportunity for hearing to the applicant, is authorized to take corrective action in any case in which it finds that there has been failure by an applicant to comply with the requirements established under any approval granted pursuant to this chapter, including, without limitation, the imposition of monetary fines that may be statutorily permitted by virtue of individual healthcare facility licensing statutes.

(b) The notice shall be effected by registered or certified mail or by personal service, setting forth the particular reasons for the proposed action and fixing a date not less than thirty (30) days from the date of the mailing or service, at which the applicant shall be given an opportunity for a prompt and fair hearing. On the basis of the hearing, or upon default of the applicant, the department shall make a determination specifying its findings of fact and conclusions. A copy of the determination shall be sent by registered or certified mail or served personally upon the applicant. The decision shall become final thirty (30) days after it is so mailed or served, unless the applicant, within such thirty-day (30) period, appeals the decision pursuant to § 42-35-15. The procedure governing hearings authorized by this section shall be in accordance with §§ 42-35-9 — 42-35-13 as stipulated in § 42-35-14(a). A full and complete record shall be kept of all proceedings and all testimony shall be reported but need not be transcribed unless the decision is appealed pursuant to § 42-35-15. A copy or copies of the transcript may be obtained by any interested party on payment of the cost of preparing the copy or copies.

(c) Nothing in this section shall limit the director's general or emergency powers under §§ 23-1-1, 23-17-8 or any other authority granted to the department under the general laws.

Legislative History

P.L. 2014, ch. 267, § 1; P.L. 2014, ch. 316, § 1.