The department may establish by rule, in accordance with chapter 17A, civil penalties for the following violations by an elder group home:
 1. Noncompliance with any regulatory requirements which presents an imminent danger or a substantial probability of resultant death or physical harm to a tenant.

Terms Used In Iowa Code 231B.14

  • Department: means the department of human services. See Iowa Code 249L.2
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • lawful enforcement: includes but is not limited to the following:
     (1) Contacting or interviewing any tenant of an elder group home in private at any reasonable hour and without advance notice. See Iowa Code 231B.10
  • Rule: includes "regulation". See Iowa Code 4.1
 2. 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 elder group home tenants.
 3. 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 subsection, “lawful enforcement” includes but is not limited to:

 a. Contacting or interviewing any tenant of an elder group home in private at any reasonable hour and without advance notice.
 b. Examining any relevant records of an elder group home.
 c. Preserving evidence of any violation of this chapter or of the rules adopted pursuant to this chapter.