§ 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 department of elderly affairs.

(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 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 § 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 (10) day 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.

History of Section. (P.L. 1997, ch. 297, § 2.)