§ 23-17.4-10.3. Informal dispute resolution process.
(a) The licensee or its designee has the right to an informal dispute resolution process to dispute any violation found or enforcement remedy imposed by the licensing agency during an inspection or complaint investigation. The purpose of the informal dispute resolution process is to provide an opportunity for an exchange of information that may lead to the modification, deletion, or removal of a violation, or parts of a violation, or enforcement remedy imposed by the licensing agency.
(b) The informal dispute resolution process provided by the licensing agency shall include an opportunity for review by a licensing agency employee who did not participate in, or oversee, the determination of the violation or enforcement remedy under dispute.
(c) A request for an informal dispute resolution shall be made to the licensing agency within ten (10) business days from the receipt of a written finding of a violation or enforcement remedy. The request shall identify the violation or violations and enforcement remedy or remedies being disputed. Thereafter, the licensing agency shall convene a meeting with the licensee within ten (10) business days of receipt of the request for informal dispute resolution, unless by mutual agreement a later date is agreed upon.
(d) If the licensing agency determines that a violation or enforcement remedy should not be cited or imposed, the licensing agency shall delete the violation or immediately rescind or modify the enforcement remedy. If the licensing agency determines that a violation should have been cited under a different more appropriate regulation, the licensing agency shall revise the report, statement of deficiencies, or enforcement remedy accordingly. Upon request, the licensing agency shall issue a clean copy of the revised report, statement of deficiencies, or notice of enforcement action.
(e) The licensee shall submit to the licensing agency, within the time period prescribed by the licensing agency, a plan of correction to address any undisputed violations, and including any violations that still remain following the informal dispute resolution.
(f) The licensing agency shall promulgate regulations implementing the informal dispute resolution process established in this section no later than January 1, 2024.
History of Section.
P.L. 2023, ch. 352, § 1, effective June 26, 2023; P.L. 2023, ch. 353, § 1, effective
June 26, 2023.