Iowa Admin. Code r. 481-67.15 - Denial, suspension or revocation of a certificate
(1)
Notice and request for hearing.
The denial, suspension or revocation of a certificate shall be effected by
delivering to the applicant or certificate holder by restricted certified mail
or by personal service a notice setting forth the particular reasons for such
actions. A denial, suspension or revocation shall be effective 30 days after
certified mailing or personal service of the notice, unless the applicant or
certificate holder gives the department written notice requesting a hearing
within the 30-day period. If a timely request for hearing is made, the notice
shall be deemed suspended pending the outcome of the hearing, unless subrule
67.15(3) or 67.15(4) applies. If an enforcement action has been implemented
immediately in accordance with subrule 67.15(3) or 67.15(4), the enforcement
action remains in effect regardless of a request for hearing.
(2)
Hearings. Hearings shall
be conducted by the administrative hearings division of the department of
inspections and appeals pursuant to Iowa Code chapter 17A and 481-Chapter
9.
(3)
Immediate suspension
of a certificate. When the department finds that an imminent danger to
the health or safety of tenants of a program exists which requires action on an
emergency basis, the department may direct removal of all tenants from the
program and suspend the certificate or require additional remedies to ensure
the ongoing safety of the program 's tenants prior to a hearing.
(4)
Immediate imposition of
enforcement action. When the department finds that an imminent danger
to the health or safety of tenants exists which requires action on an emergency
basis, the department may immediately impose a conditional certificate and
accompanying conditions upon the program in lieu of immediate suspension of the
certificate and removal of the tenants from the program if the department finds
that tenants' health and safety would still be protected. The program may
request a hearing, but the immediate enforcement action remains in effect
regardless of the request for hearing.
Notes
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