231D.11 - PENALTIES.
231D.11 PENALTIES.
1. A person establishing, conducting, managing, or operating an
adult day services program without a certificate is guilty of a
serious misdemeanor. Each day of continuing violation after
conviction or notice from the department by certified mail of a
violation shall be considered a separate offense or chargeable
offense. A person establishing, conducting, managing, or operating
an adult day services program without a certificate may be
temporarily or permanently restrained by a court of competent
jurisdiction from such activity in an action brought by the state.
2. A civil penalty, as established by rule, may apply in any of
the following situations:
a. Program noncompliance with one or more regulatory
requirements has caused or is likely to cause harm, serious injury,
threat, or death to a participant.
b. Program failure or refusal to comply with regulatory
requirements within prescribed time frames.
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 participant in an adult day
services program in private at any reasonable hour and without
advance notice.
(2) Examining any relevant records of an adult day services
program.
(3) Preserving evidence of any violation of this chapter or of
the rules adopted pursuant to this chapter. Section History: Recent Form
2003 Acts, ch 165, §11; 2005 Acts, ch 61, §11, 17; 2007 Acts, ch
215, §198, 199