Enforcement by department -- Rulemaking

(1) Subject to the requirements of Title 63G, Chapter 4, Administrative Procedures Act, the department may: (a) receive and act on a complaint from a resident about a provider or a facility; (b) take action designed to obtain voluntary compliance by the provider with this chapter for the benefit of a resident; (c) 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; (d) 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 (e) take action against a provider who fails to: (i) 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 (ii) submit information requested by the department. (2) The department may: (a) counsel an individual on the individual's rights or duties under this chapter; (b) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to: (i) restrict or prohibit practices by the provider that are misleading, unfair, or abusive; (ii) 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; (iii) promote or assure the ability of the public to compare continuing care contracts, providers, and facilities; and (iv) clearly disclose any financial risks related to a provider's facility to the facility's residents; (c) employ hearing examiners, clerks, and other employees and agents as necessary to perform the department's duties under this chapter; (d) appoint a receiver for a provider; and (e) upon request by a provider, subordinate a lien imposed under Section 31A-44-601 for the purpose of the provider obtaining secondary financing or refinancing of a facility if: (i) the facility is financially sound; and (ii) subordinating the lien does not adversely affect the residents of the facility.