31A-44-602. Enforcement by department -- Rulemaking.
(1) Subject to the requirements of, the department may: Title 63G, Chapter 4, Administrative Procedures Act receive and act on a complaint from a resident about a provider or a facility; take action designed to obtain voluntary compliance by the provider with this chapter for the benefit of a resident; commence administrative or judicial proceedings on the commission's own in order to enforce compliance by a provider with this chapter for the benefit of a resident; after a complaint by a resident about a provider for a facility subject to a ground lease, require the provider to pay rent in accordance with the ground lease; or take action against a provider who fails to: respond to the department, in writing, before 30 business days after the day on which the provider receives notice from the department of a complaint filed with the department; or submit information requested by the department.
(2) The department may: counsel an individual on the individual's rights or duties under this chapter; make rules in accordance with, to: Title 63G, Chapter 3, Utah Administrative Rulemaking Act restrict or prohibit practices by the provider that are misleading, unfair, or abusive; promote or assure fair and full disclosure of the terms and conditions of continuing care contracts, agreements, and communications between a resident and a provider; promote or assure the ability of the public to compare continuing care contracts, providers, and facilities; and clearly disclose any financial risks related to a provider's facility to the facility's residents; employ hearing examiners, clerks, and other employees and agents as necessary to perform the department's duties under this chapter; appoint a receiver for a provider; and upon request by a provider, subordinate a lien imposed under Sectionfor the purpose of the provider obtaining secondary financing or refinancing of a facility if: 31A-44-601 the facility is financially sound; and subordinating the lien does not adversely affect the residents of the facility.