260 R.I. Code R. 260-RICR-30-05-4.6

Current through December 3, 2024
Section 260-RICR-30-05-4.6 - Enforcement and administrative penalties

If the Director determines that a health care facility has violated provisions of R.I. Gen. Laws § 23-17.20-1 et. seq., the Director shall issue a penalty of three hundred dollars ($300) for each violation pursuant to R.I. Gen. Laws § 23-17.20-4.

4.6.1ENFORCEMENT
A. An employee shall file a written complaint on a form designated for such purpose by the Department alleging violations of the Rhode Island Health Care Facilities Staffing Act, R.I. Gen. Laws § 23-17.20-1 et seq.;
B. Upon receipt of an employee's complaint the Director or his or her designee shall give the employer written notice and thirty (30) days to respond in writing to said complaint. If the Director or his or her designee finds probable cause that the employer has failed to comply with the provisions of the Health Care Facilities Staffing Act, a hearing shall be scheduled wherein the Director or his or her designee shall determine by a preponderance of the evidence whether the employer committed the alleged violations in violation of the Act;
4.6.2APPEAL OF AGENCY DECISION

Any party aggrieved by a final written order of the Department concerning a violation of the Health Care Facilities Staffing Act may file a complaint with the Superior Court pursuant to R.I. Gen. Laws § 42-35-15. The filing of a complaint does not automatically stay the decision or order unless so ordered by the Superior Court. In the absence of a timely appeal, the order or decision of the Department shall become final and no further administrative appeal may be taken.

260 R.I. Code R. 260-RICR-30-05-4.6