§ 42-72.11-4. Right to adjudicatory hearing.
(a) Whenever the director seeks to assess an administrative penalty on any person the person shall have the right to an adjudicatory hearing under chapter 35 of this title, the provisions of which shall apply except when they are inconsistent with the provisions of this chapter.
(b) A person shall be deemed to have waived the person's right to an adjudicatory hearing unless, within ten (10) days of the date of the director’s notice that the director seeks to assess an administrative penalty, the person files with the director a written statement denying the occurrence of any of the acts or omissions alleged by the director in the notice, or asserting that the money amount of the proposed administrative penalty is excessive. In any adjudicatory hearing authorized pursuant to chapter 35 of this title, the director shall, by a preponderance of the evidence, prove the occurrence of each act or omission alleged by the director.
(c) If a person waives the person's right to an adjudicatory hearing, the proposed administrative penalty shall be final immediately upon the waiver.
History of Section.
P.L. 2018, ch. 47, art. 15, § 6.