§ 42-66.1-11 - Penalty – Procedure – Designated account.
SECTION 42-66.1-11
§ 42-66.1-11 Penalty – Procedure– Designated account. – (a) Any housing complex for the elderly that fails to meet the requirements asoutlined in the preceding sections by October 1, 1994, may be assessed anadministrative penalty up to one thousand dollars ($1,000) plus interest, whichaccrues from the date upon which the administrative penalty becomes final bythe director of the department of elderly affairs.
(b) Whenever the director seeks to assess an administrativepenalty on an elderly housing complex, the facility shall have a right to anadjudicatory hearing under chapter 35 of this title.
(c) The director shall cause to be served upon the housingcomplex, either by service, in hand, or by certified mail, return receiptrequested, a written notice of its intent to assess an administrative penaltywhich shall include a concise statement of the alleged failure to comply withthe requirements of the security regulations for which the administrativepenalty is sought to be assessed, the amount which the director seeks toassess, a statement of the housing complex's right to a hearing on the proposedassessment, and the manner of payment if the housing complex elects to pay thepenalty and waive hearing.
(d) In any adjudicatory hearing authorized pursuant tochapter 35 of this title, the director shall, by a preponderance of theevidence, prove non-compliance with the requirements of the regulations. Shoulda complex waive its right to an adjudicatory hearing by failing to respond, inwriting, to the director within ten (10) days from the receipt of the notice ofthe penalty, the proposed administrative penalty shall be final at the end ofthe ten (10) day period.
(e) If an administrative penalty is assessed at theconclusion of an adjudicatory hearing, the administrative penalty shall befinal upon the expiration of thirty (30) days if no action for judicial reviewof the decision is commenced pursuant to chapter 35 of this title.
(f) The director is authorized to promulgate rules andregulations necessary to carry out the provisions of this chapter.