State Codes and Statutes

Statutes > Rhode-island > Title-21 > Chapter-21-28 > 21-28-3-05

SECTION 21-28-3.05

   § 21-28-3.05  Order to show cause. –(a) Before denying, suspending, or revoking a registration, or refusing arenewal of a registration, the director of health shall serve upon theapplicant or registrant an order to show cause why the registration should notbe denied, revoked, or suspended, or why the renewal should not be refused. Theorder to show cause shall contain a statement of the basis of the order andshall call upon the applicant or registrant to appear before the director ofhealth at a time and place stated in the order but in no event less than thirty(30) days after the date of receipt of the order. Proceedings to deny, suspend,or revoke shall be conducted pursuant to this section in accordance withchapter 35 of title 42, the Administrative Procedures Act. The proceedingsshall be independent of, and not in lieu of, criminal prosecution or otherproceedings under this chapter or any law of the state.

   (b) The director of health may suspend for a period of ten(10) days any registration simultaneously with the institution of proceedingsunder this section in cases where he or she finds that there is an imminentdanger to the public health or safety. The suspension shall continue in effectuntil the conclusion of the proceedings, including judicial review of them,unless sooner withdrawn by the director of health or dissolved by a court ofcompetent jurisdiction.

State Codes and Statutes

Statutes > Rhode-island > Title-21 > Chapter-21-28 > 21-28-3-05

SECTION 21-28-3.05

   § 21-28-3.05  Order to show cause. –(a) Before denying, suspending, or revoking a registration, or refusing arenewal of a registration, the director of health shall serve upon theapplicant or registrant an order to show cause why the registration should notbe denied, revoked, or suspended, or why the renewal should not be refused. Theorder to show cause shall contain a statement of the basis of the order andshall call upon the applicant or registrant to appear before the director ofhealth at a time and place stated in the order but in no event less than thirty(30) days after the date of receipt of the order. Proceedings to deny, suspend,or revoke shall be conducted pursuant to this section in accordance withchapter 35 of title 42, the Administrative Procedures Act. The proceedingsshall be independent of, and not in lieu of, criminal prosecution or otherproceedings under this chapter or any law of the state.

   (b) The director of health may suspend for a period of ten(10) days any registration simultaneously with the institution of proceedingsunder this section in cases where he or she finds that there is an imminentdanger to the public health or safety. The suspension shall continue in effectuntil the conclusion of the proceedings, including judicial review of them,unless sooner withdrawn by the director of health or dissolved by a court ofcompetent jurisdiction.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-21 > Chapter-21-28 > 21-28-3-05

SECTION 21-28-3.05

   § 21-28-3.05  Order to show cause. –(a) Before denying, suspending, or revoking a registration, or refusing arenewal of a registration, the director of health shall serve upon theapplicant or registrant an order to show cause why the registration should notbe denied, revoked, or suspended, or why the renewal should not be refused. Theorder to show cause shall contain a statement of the basis of the order andshall call upon the applicant or registrant to appear before the director ofhealth at a time and place stated in the order but in no event less than thirty(30) days after the date of receipt of the order. Proceedings to deny, suspend,or revoke shall be conducted pursuant to this section in accordance withchapter 35 of title 42, the Administrative Procedures Act. The proceedingsshall be independent of, and not in lieu of, criminal prosecution or otherproceedings under this chapter or any law of the state.

   (b) The director of health may suspend for a period of ten(10) days any registration simultaneously with the institution of proceedingsunder this section in cases where he or she finds that there is an imminentdanger to the public health or safety. The suspension shall continue in effectuntil the conclusion of the proceedings, including judicial review of them,unless sooner withdrawn by the director of health or dissolved by a court ofcompetent jurisdiction.