(a) In this section, “insolvent” means:
- (1) Having generally ceased to pay debts in the ordinary course of business other than as a result of good-faith dispute;
- (2) Being unable to pay debts as they become due; or
- (3) Being insolvent within the meaning of the federal bankruptcy law, 11 U.S.C. § 101 et seq., as amended.
(b) The director may suspend, revoke, or deny renewal of a provider’s registration if:
- (1) A fact or condition exists that, if it had existed when the registrant applied for registration as a provider, would have been a reason for denying registration;
- (2) The provider has committed a material violation of this chapter or a rule or order of the director under this chapter;
- (3) The provider is insolvent;
- (4) The provider or an employee or affiliate of the provider has refused to permit the director to make an examination authorized by this chapter, failed to comply with § 19-14.8-32(b)(2) within fifteen (15) days after request, or made a material misrepresentation or omission in complying with § 19-14.8-32(b)(2); or
- (5) The provider has not responded within a reasonable time and in an appropriate manner to communications from the director.
- (c) If a provider does not comply with § 19-14.8-22(f) or if the director otherwise finds that the public health or safety or general welfare requires emergency action, the director may order a summary suspension of the provider’s registration, effective on the date specified in the order.
- (d) If the director suspends, revokes, or denies renewal of the registration of a provider, the director may seek a court order authorizing seizure of any or all of the money in a trust account required by § 19-14.8-22, books, records, accounts, and other property of the provider that are located in this state.
- (e) If the director suspends or revokes a provider’s registration, the provider may appeal and request a hearing pursuant to chapter 35 of title 42.
History of Section.
P.L. 2006, ch. 243, § 3; P.L. 2006, ch. 291, § 3.