R590-273-11. Enforcement

  (1) Pursuant to Subsection 31A-44-602(2)(b) the commissioner may conduct an examination or investigation of a provider to determine compliance with Title 31A, Chapter 44, Part 6:

  (a) to determine the financial solvency of a facility;

  (b) to determine the adequacy of the additional actuarial reserve under R590-273-7;

  (c) to verify a statement contained in a disclosure or actuarial statement;

  (d) to act on a complaint against a provider or a facility;

  (e) to obtain all documents requested by the commissioner; or

  (f) to take any corrective action to enforce compliance.

  (2) The commissioner may request corrective actions, including:

  (a) suggest corrective business practices;

  (b) restrict or prohibit behavior by the provider that is misleading, unfair or abusive;

  (c) order that the provider cease and desist from committing any further violation;

  (d) suspend, revoke, or non-renew a provider's registration;

  (e) provide transparent information to compare continuing care contracts, providers, or facilities;

  (f) disclosure of all terms and conditions of continuing care contracts and agreements;

  (g) disclosure of any financial risks;

  (h) promote certain communications between the residents and the provider;

  (i) employ or hire examiners, hearing officers, clerks, and others to perform the commissioner's duties in Title 31A, Chapter 44; or

  (j) appoint a receiver.

  (3)(a) The commissioner shall have free access to all the books and papers relating to the business and affairs of the provider.

  (b) The books and records required under Subsection 31A-44-603(2)(a) shall be available for the inspection by the commissioner during normal business hours from the date of the transaction for no less than three years, plus the current calendar year.

  (4) Nothing in this section prohibits the commissioner from billing to the provider, the reasonable costs of any examination or investigation, including the cost of the review by an actuary.

  (5) Nothing in this section prohibits the issuance of administrative forfeitures calculated under Section 31A-44-604.