231C.14 - CIVIL PENALTIES.
231C.14 CIVIL PENALTIES.
1. The department may establish by rule, in accordance with
chapter 17A, civil penalties for the following violations by an
assisted living program:
a. Noncompliance with any regulatory requirements which
presents an imminent danger or a substantial probability of resultant
death or physical harm to a tenant.
b. Following receipt of notice from the department, continued
failure or refusal to comply within a prescribed time frame with
regulatory requirements that have a direct relationship to the
health, safety, or security of program tenants.
c. Preventing or interfering with or attempting to impede in
any way any duly authorized representative of the department in the
lawful enforcement of this chapter or of the rules adopted pursuant
to this chapter. As used in this paragraph, "lawful enforcement"
includes but is not limited to:
(1) Contacting or interviewing any tenant of an assisted living
program in private at any reasonable hour and without advance notice.
(2) Examining any relevant records of an assisted living program.
(3) Preserving evidence of any violation of this chapter or of
the rules adopted pursuant to this chapter.
2. If a program assessed a penalty does not request a formal
hearing pursuant to chapter 17A or withdraws its request for a formal
hearing within thirty days of the date the penalty was assessed, the
penalty shall be reduced by thirty-five percent, if the penalty is
paid within thirty days of the issuance of a demand letter issued by
the department. The demand letter, which includes the civil penalty,
shall include a statement to this effect. Section History: Recent Form
2003 Acts, ch 166, §21; 2005 Acts, ch 60, §16, 21; 2007 Acts, ch
215, §179, 180; 2009 Acts, ch 156, §17