TITLE 23

Health and Safety

CHAPTER 23-17.4

Assisted Living Residence Licensing Act

SECTION 23-17.4-8



   § 23-17.4-8  Denial, suspension, or

revocation of license. –

The licensing agency, after notice and opportunity for hearing to the applicant

or licensee, is authorized to deny, suspend, or revoke a license in any case in

which it finds that there has been failure to comply with the requirements

established under this chapter. The notice shall be effected by registered or

certified mail or by personal service, setting forth the particular reasons for

the proposed action and fixing a date not less than thirty (30) days from the

date of the mailing or service, at which the applicant or licensee shall be

given an opportunity for a prompt and fair hearing. On the basis of the

hearing, or upon default of the applicant or licensee, the licensing agency

shall make determination specifying its findings of fact and conclusions of

law. A copy of the determination shall be sent by registered or certified mail

or served personally upon the applicant or licensee. The decision denying,

suspending, or revoking the license or application shall become final thirty

(30) days after it is so mailed or served, unless the applicant or licensee,

within such thirty (30) day period, appeals the decision pursuant to §

42-35-15. The procedure governing hearings authorized by this section shall be

in accordance with §§ 42-35-9 – 42-35-13 as stipulated in §

42-35-14(a). A full and complete record shall be kept of all proceedings, and

all testimony shall be reported but need not be transcribed unless the decision

is appealed pursuant to § 42-35-15. A copy or copies of the transcript may

be obtained by any interested party on payment of the cost of preparing the

copy or copies. Witnesses may be subpoenaed by either party.



History of Section.

(P.L. 1981, ch. 212, § 2; P.L. 1981, ch. 226, § 2.)