135C.43 - FORMAL CONTEST -- JUDICIAL REVIEW.
135C.43 FORMAL CONTEST -- JUDICIAL REVIEW.
1. A facility which desires to further contest an affirmed or
modified citation for a Class I, Class II, or Class III violation,
may do so in the manner provided by chapter 17A for contested cases.
Notice of intent to formally contest a citation shall be given the
department in writing within five days after the informal conference
or after receipt of the written explanation of the representative
delegated to hold the informal conference, whichever is applicable,
in the case of an affirmed or modified citation for a Class I, Class
II, or Class III violation. A facility which has exhausted all
adequate administrative remedies and is aggrieved by the final action
of the department may petition for judicial review in the manner
provided by chapter 17A.
2. Hearings on petitions for judicial review brought under this
section shall be set for trial at the earliest possible date and
shall take precedence on the court calendar over all other cases
except matters to which equal or superior precedence is specifically
granted by law. The times for pleadings and for hearings in such
actions shall be set by the judge of the court with the object of
securing a decision in the matter at the earliest possible time. Section History: Early Form
[C77, 79, 81, § 135C.43] Section History: Recent Form
2009 Acts, ch 156, §8
Referred to in § 135C.38, 135C.43A, 135C.46