135.73 - SANCTIONS.

        135.73  SANCTIONS.
         1.  Any party constructing a new institutional health facility or
      an addition to or renovation of an existing institutional health
      facility without first obtaining a certificate of need or, in the
      case of a mobile health service, ascertaining that the mobile health
      service has received certificate of need approval, as required by
      this division, shall be denied licensure or change of licensure by
      the appropriate responsible licensing agency of this state.
         2.  A party violating this division shall be subject to penalties
      in accordance with this section.  The department shall adopt rules
      setting forth the violations by classification, the criteria for the
      classification of any violation not listed, and procedures for
      implementing this subsection.
         a.  A class I violation is one in which a party offers a new
      institutional health service or changed institutional health service
      modernization or acquisition without review and approval by the
      council.  A party in violation is subject to a penalty of three
      hundred dollars for each day of a class I violation.  The department
      may seek injunctive relief which shall include restraining the
      commission or continuance of an act which would violate the
      provisions of this paragraph.  Notice and opportunity to be heard
      shall be provided to a party pursuant to rule of civil procedure
      1.1507 and contested case procedures in accordance with chapter 17A.
      The department may reduce, alter, or waive a penalty upon the party
      showing good faith compliance with the department's request to
      immediately cease and desist from conduct in violation of this
      section.
         b.  A class II violation is one in which a party violates the
      terms or provisions of an approved application.  The department may
      seek injunctive relief which shall include restraining the commission
      or continuance of or abating or eliminating an act which would
      violate the provisions of this subsection.  Notice and opportunity to
      be heard shall be provided to a party pursuant to rule of civil
      procedure 1.1507 and contested case procedures in accordance with
      chapter 17A.  The department may reduce, alter, or waive a penalty
      upon the party showing good faith compliance with the department's
      request to immediately cease and desist from conduct in violation of
      this section.  A class II violation shall be abated or eliminated
      within a stated period of time determined by the department and
      specified by the department in writing.  The period of time may be
      modified by the department for good cause shown.  A party in
      violation may be subject to a penalty of five hundred dollars for
      each day of a class II violation.
         3.  Notwithstanding any other sanction imposed pursuant to this
      section, a party offering or developing any new institutional health
      service or changed institutional health service without first
      obtaining a certificate of need as required by this division may be
      temporarily or permanently restrained from doing so by any court of
      competent jurisdiction in any action brought by the state, any of its
      political subdivisions, or any other interested person.
         4.  The sanctions provided by this section are in addition to, and
      not in lieu of, any penalty prescribed by law for the acts against
      which these sanctions are invoked.  
         Section History: Early Form
         [C79, 81, § 135.73] 
         Section History: Recent Form
         91 Acts, ch 225, §14
         Referred to in § 135.63