Section 218-RICR-40-00-3.5 - Appeals Procedures and Assessment of Penalties3.5.1Appeals ProceduresA. If the Division determines a housing complex is in violation of these regulations, the Division will give written notice of same to the management of the housing complex.B. Management will be allowed twenty (20) working days to remedy the problem which has been identified. A shorter time period or an immediate response may be required if there is a failure to meet a requirement which places the residents in the building(s) at risk. A longer time period to resolve the problem also may be permitted, at the Division's discretion.3.5.2Assessment of Penalties A. If the problem has not been resolved within the time allowed, the housing complex may be assessed an administrative penalty up to $1,000.00 plus interest, as determined by the Director. In such event, the housing complex for the elderly shall receive written notice written or electronically from the Director stating the Division's intent to assess an administrative penalty. The notice shall include: 1. a concise statement of the circumstances that have given rise to the assessment of the penalty by the Director;2. the amount which the Director seeks to assess;3. a statement of the housing complex's right to a hearing on the penalty assessed;4. the requirement to respond in writing within ten (10) days from receipt of notice of the penalty to request a hearing. Failure to respond within the ten (10) days will result in a waiver of the right to an administrative hearing; and5. the manner of payment should the housing complex for the elderly elect to pay the penalty and waive the hearing.B. Appeal of Denial of Variance: If an applicant for a variance is dissatisfied with any decision of the Director pursuant to §3.2.2 of this Part, the applicant may request a hearing on the decision of the Variance Review Committee through the Executive Office of Health and Human Services, as outlined under "Appeals Process and Procedures for EOHHS Agencies and Programs," 210-RICR- 10-05-2.3.5.3Severability If any provision of the rules and regulations herein or the application thereof to any program or circumstances shall be held invalid, such invalidity shall not affect the provision or application of the rules and regulations which can be given effect, and to this end the provisions of the rules and regulations are declared to be severable.
218 R.I. Code R. 218-RICR-40-00-3.5