Conn. Agencies Regs. § 17b-533-9 - Receivership: rehabilitation, and liquidation

(a) The commissioner shall give not less than five calendar days written notice to a provider or a facility of an intention to request the Attorney General to apply for an order appointing a receiver to rehabilitate or liquidate a facility.

(b) Such notice shall be sent by certified mail, return receipt requested, or delivered personally to the business or other office of the provider at the facility, or elsewhere within the state, in which event an affidavit of service shall be executed.

(c) Such notice shall include a summary of the basis for the action, and the date on which the commissioner will request the Office of the Attorney General to initiate action, together with the following statement:

YOU MAY REQUEST A HEARING

ON THIS MATTER NOT LATER THAN

(one day prior to the date on which

the commissioner is to take action.)

SUCH A REQUEST MUST BE IN WRITING.

FAILURE TO REQUEST SUCH A HEARING WILL

RESULT IN LEGAL ACTION FOR THE APPOINTMENT

OF A RECEIVER TO REHABILITATE OR LIQUIDATE YOUR FACILITY.

(d)

(1) A request for a hearing must be in writing, and shall be delivered to the commissioner.

(2) The provider or the facility may propose a date for the hearing which shall not be more than ten days from the date of the request, and may also request that a verbatim transcript be made of the proceeding, and that all testimony be taken under oath.

(3) Such request for a hearing shall specify the names of attorneys who will represent the facility.

(4) The commissioner shall, not more than 3 business days after receiving the request, notify the facility of the time and date of the hearing, which shall not be less than five business days from the date of the request.

(5) The commissioner shall, not more than 5 business days from the close of the hearing, make a determination which shall be communicated to the facility, and if appropriate simultaneously request the Attorney General to initiate action.

(6) Notwithstanding the foregoing limitations on the commissioner in regard to requesting action to have a receiver appointed, the commissioner may request the Office of the Attorney General to initiate such other action as the Attorney General may deem appropriate in the circumstance.

Notes

Conn. Agencies Regs. § 17b-533-9

Effective January 31, 1996