(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.

Terms Used In Rhode Island General Laws 19-14.8-34

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC

(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.