135C.11 - NOTICE -- HEARINGS.
135C.11 NOTICE -- HEARINGS.
1. The denial, suspension, or revocation of a license shall be
effected by delivering to the applicant or licensee by certified mail
or by personal service of a notice setting forth the particular
reasons for such action. Such denial, suspension, or revocation
shall become effective thirty days after the mailing or service of
the notice, unless the applicant or licensee, within such thirty-day
period, shall give written notice to the department requesting a
hearing, in which case the notice shall be deemed to be suspended.
If a hearing has been requested, the applicant or licensee shall be
given an opportunity for a prompt and fair hearing before the
department. At any time at or prior to the hearing the department may
rescind the notice of the denial, suspension, or revocation upon
being satisfied that the reasons for the denial, suspension, or
revocation have been or will be removed. On the basis of any such
hearing, or upon default of the applicant or licensee, the
determination involved in the notice may be affirmed, modified, or
set aside by the department. A copy of such decision shall be sent by
certified mail, or served personally upon the applicant or licensee.
The applicant or licensee may seek judicial review pursuant to
section 135C.13.
2. The procedure governing hearings authorized by this section
shall be in accordance with the rules promulgated by the department.
A full and complete record shall be kept of all proceedings, and all
testimony shall be reported but need not be transcribed unless
judicial review is sought pursuant to section 135C.13. Copies of the
transcript may be obtained by an interested party upon payment of the
cost of preparing the copies. Witnesses may be subpoenaed by either
party and shall be allowed fees at a rate prescribed by the
department's rules. The director may, after advising the resident
advocate committee established pursuant to section 135C.25, either
proceed in accordance with section 135C.30, or remove all residents
and suspend the license or licenses of any health care facility,
prior to a hearing, when the director finds that the health or safety
of residents of the health care facility requires such action on an
emergency basis. The fact that no resident advocate committee has
been appointed for a particular facility shall not bar the director
from exercising the emergency powers granted by this subsection with
respect to that facility. Section History: Early Form
[C50, 54, § 135C.6; C58, 62, 66, 71, 73, 75, 77, 79, 81, §
135C.11] Section History: Recent Form
99 Acts, ch 129, §1
Referred to in § 135C.30