Sec. 17a-233. (Formerly Sec. 19a-467c). Imposition of receivership: Grounds; defenses. - Connecticut Statutes

State Codes and Statutes

Statutes > Connecticut > Title17a > Chap319b > Sec17a-233

      Sec. 17a-233. (Formerly Sec. 19a-467c). Imposition of receivership: Grounds; defenses. (a) The court may grant an application for the appointment of a receiver for a residential facility for mentally retarded persons upon a finding of any of the following: (1) The facility is operating without a license issued pursuant to section 17a-227; (2) the facility intends to close and adequate arrangements for relocation of its residents have not been made at least thirty days prior to closing; (3) there exists in the facility a condition in substantial violation of regulations established pursuant to section 17a-227; (4) there exists in the facility a practice of habitual violation of regulations established pursuant to section 17a-227.

      (b) It shall be a sufficient defense to a receivership application if any owner of a residential facility for mentally retarded persons establishes that: (1) He did not have knowledge or could not reasonably have known that any conditions in violation of section 17a-227 existed, or (2) he did not have a reasonable time in which to correct such violations, or (3) the violations listed in the application do not, in fact, exist, or (4) in the event the grounds upon which the petition is based are those set forth in subdivision (2) of subsection (a) of this section, the facility does not intend to close.

      (June Sp. Sess. P.A. 83-39, S. 9.)

      History: Sec. 19a-467c transferred to Sec. 17a-233 in 1991.

State Codes and Statutes

Statutes > Connecticut > Title17a > Chap319b > Sec17a-233

      Sec. 17a-233. (Formerly Sec. 19a-467c). Imposition of receivership: Grounds; defenses. (a) The court may grant an application for the appointment of a receiver for a residential facility for mentally retarded persons upon a finding of any of the following: (1) The facility is operating without a license issued pursuant to section 17a-227; (2) the facility intends to close and adequate arrangements for relocation of its residents have not been made at least thirty days prior to closing; (3) there exists in the facility a condition in substantial violation of regulations established pursuant to section 17a-227; (4) there exists in the facility a practice of habitual violation of regulations established pursuant to section 17a-227.

      (b) It shall be a sufficient defense to a receivership application if any owner of a residential facility for mentally retarded persons establishes that: (1) He did not have knowledge or could not reasonably have known that any conditions in violation of section 17a-227 existed, or (2) he did not have a reasonable time in which to correct such violations, or (3) the violations listed in the application do not, in fact, exist, or (4) in the event the grounds upon which the petition is based are those set forth in subdivision (2) of subsection (a) of this section, the facility does not intend to close.

      (June Sp. Sess. P.A. 83-39, S. 9.)

      History: Sec. 19a-467c transferred to Sec. 17a-233 in 1991.

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Connecticut > Title17a > Chap319b > Sec17a-233

      Sec. 17a-233. (Formerly Sec. 19a-467c). Imposition of receivership: Grounds; defenses. (a) The court may grant an application for the appointment of a receiver for a residential facility for mentally retarded persons upon a finding of any of the following: (1) The facility is operating without a license issued pursuant to section 17a-227; (2) the facility intends to close and adequate arrangements for relocation of its residents have not been made at least thirty days prior to closing; (3) there exists in the facility a condition in substantial violation of regulations established pursuant to section 17a-227; (4) there exists in the facility a practice of habitual violation of regulations established pursuant to section 17a-227.

      (b) It shall be a sufficient defense to a receivership application if any owner of a residential facility for mentally retarded persons establishes that: (1) He did not have knowledge or could not reasonably have known that any conditions in violation of section 17a-227 existed, or (2) he did not have a reasonable time in which to correct such violations, or (3) the violations listed in the application do not, in fact, exist, or (4) in the event the grounds upon which the petition is based are those set forth in subdivision (2) of subsection (a) of this section, the facility does not intend to close.

      (June Sp. Sess. P.A. 83-39, S. 9.)

      History: Sec. 19a-467c transferred to Sec. 17a-233 in 1991.