§ 23-17.10-4 - Right to adjudicatory hearing.
SECTION 23-17.10-4
§ 23-17.10-4 Right to adjudicatoryhearing. – (a) Whenever the director seeks to assess an administrative penalty on anyperson, the person shall have the right to a hearing under chapter 35 of title42, the provisions of which shall apply except when they are inconsistent withthe provisions of this chapter.
(b) The person shall be deemed to have waived the right to ahearing unless, within ten (10) days of the date of the director's notice thathe or she seeks to assess an administrative penalty, the person files with thedirector a written statement denying the occurrence of any of the acts oromissions alleged by the director in the notice, or asserting that the moneyamount of the proposed administrative penalty is excessive. In any hearingauthorized pursuant to chapter 35 of title 42, the director shall, bypreponderance of the evidence, prove the occurrence of each act or omissionalleged by the director.
(c) If a person waives his or her right to an adjudicatoryhearing, the proposed administrative penalty shall be final immediately uponthe waiver.