§ 23-17.10-1. Definitions. As used in this chapter the following words, unless the context clearly requires otherwise, have the following meanings: (1) “Administrative penalty” means a monetary penalty not to exceed the civil penalty specified by statute or, where not specified by statute, an amount not to exceed five thousand dollars ($5,000), plus interest. (2) […]
§ 23-17.10-2. Authority of the director to assess penalty. The director may assess an administrative penalty on a person who fails to comply with any federal requirements for participation in the Medicare or Medicaid program, any provision of chapter 17 of this title as the provision relates to skilled nursing or intermediate care facilities, any […]
§ 23-17.10-3. Notice of violation and assessment of penalty. Whenever the director seeks to assess an administrative penalty on any person, the director shall cause to be served upon the person, either by service, in hand, or by certified mail, return receipt requested, a written notice of its intent to assess an administrative penalty which […]
§ 23-17.10-4. Right to adjudicatory hearing. (a) Whenever the director seeks to assess an administrative penalty on any person, the person shall have the right to a hearing under chapter 35 of title 42, the provisions of which shall apply except when they are inconsistent with the provisions of this chapter. (b) The person shall […]
§ 23-17.10-5. Judicial review. If an administrative penalty is assessed at the conclusion of a 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 title 42. History of Section.P.L. 1988, ch. 182, § 1.
§ 23-17.10-6. Determination of administrative penalty. In determining the amount of each administrative penalty, the director shall include, but not be limited to, the following to the extent practicable in his or her considerations: (1) The actual and potential impact on health, safety, and welfare of the public or any member of the public of […]
§ 23-17.10-7. Amount of penalty. The administrative penalty shall be not more than five thousand dollars ($5,000) plus interest for each violation or failure to comply unless a different amount is authorized by statute as a civil penalty for the subject violation. Each and every occurrence and/or day during which the violation or failure to […]
§ 23-17.10-8. Rules and regulations. The director is authorized to promulgate rules and regulations necessary to carry out the provisions of this chapter. History of Section.P.L. 1988, ch. 182, § 1.
§ 23-17.10-9. Severability. If any provision of this chapter or the application of any provision to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter […]
