§ 42-66.1-11. Penalty — Procedure — Designated account.
(a) Any housing complex for the elderly that fails to meet the requirements as outlined
in the preceding sections by October 1, 1994, may be assessed an administrative penalty
up to one thousand dollars ($1,000) plus interest, which accrues from the date upon
which the administrative penalty becomes final by the director of the office of healthy
aging.
(b) Whenever the director seeks to assess an administrative penalty on an elderly housing
complex, the facility shall have a right to an adjudicatory hearing under chapter
35 of this title.
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§ 42-66.1-11. Penalty — Procedure — Designated account.
(a) Any housing complex for the elderly that fails to meet the requirements as outlined
in the preceding sections by October 1, 1994, may be assessed an administrative penalty
up to one thousand dollars ($1,000) plus interest, which accrues from the date upon
which the administrative penalty becomes final by the director of the office of healthy
aging.
(b) Whenever the director seeks to assess an administrative penalty on an elderly housing
complex, the facility shall have a right to an adjudicatory hearing under chapter
35 of this title.
(c) The director shall cause to be served upon the housing complex, either by service,
in hand, or by certified mail, return receipt requested, a written notice of its intent
to assess an administrative penalty which shall include a concise statement of the
alleged failure to comply with the requirements of the security regulations for which
the administrative penalty is sought to be assessed, the amount which the director
seeks to assess, a statement of the housing complex's right to a hearing on the proposed
assessment, and the manner of payment if the housing complex elects to pay the penalty
and waive hearing.
(d) In any adjudicatory hearing authorized pursuant to chapter 35 of this title, the director
shall, by a preponderance of the evidence, prove noncompliance with the requirements
of the regulations. Should a complex waive its right to an adjudicatory hearing by
failing to respond, in writing, to the director within ten-day (10) from the receipt
of the notice of the penalty, the proposed administrative penalty shall be final at
the end of the ten-day (10) period.
(e) If an administrative penalty is assessed at the conclusion of an adjudicatory hearing,
the administrative penalty shall be final upon the expiration of thirty (30) days
if no action for judicial review of the decision is commenced pursuant to chapter
35 of this title.
(f) The director is authorized to promulgate rules and regulations necessary to carry
out the provisions of this chapter.