Violations

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  1. (a) The license of a provider shall remain in effect until revoked after notice and hearing upon written finding of fact by the State Insurance Department that the provider has:

    1. (1) Willfully violated any provision of this subchapter, or any rule promulgated under this subchapter;

    2. (2) Failed to file an annual disclosure statement or standard form of contract as required by the Continuing Care Provider Regulation Act, § 23-93-101 et seq.;

    3. (3) Delivered to a prospective resident a disclosure statement that makes an untrue statement or omits a material fact, and the provider, at the time of the delivery of the disclosure statement, had actual knowledge of the misstatement or omission;

    4. (4) Failed to comply with the terms of a cease and desist order issued pursuant to § 23-93-104; or

    5. (5) Has been determined by the department to be in a hazardous financial condition.

  2. (b) Findings of fact in support of revocation shall be accompanied by an explicit statement of the underlying facts supporting the finding.


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