§ 42-66.9-2. Penalty for failure to install emergency generator.
(a) Any housing complex for the elderly that fails to meet the requirements as outlined
in the preceding section may be assessed an administrative penalty of two hundred
dollars ($200) per day 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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§ 42-66.9-2. Penalty for failure to install emergency generator.
(a) Any housing complex for the elderly that fails to meet the requirements as outlined
in the preceding section may be assessed an administrative penalty of two hundred
dollars ($200) per day 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 § 42-66.9-1 for which the administrative penalty is sought to be assessed, the amount that 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 § 42-66.9-1. Should a complex waive its right to an adjudicatory hearing by failing to respond
in writing to the director within ten (10) days 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.