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.

Terms Used In Iowa Code 231C.14

  • Assisted living: includes the provision of housing and assistance with instrumental activities of daily living only if personal care or health-related care is also included. See Iowa Code 231C.2
  • Department: means the department of inspections and appeals or the department's designee. See Iowa Code 231C.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 assisted living program in private at any reasonable hour and without advance notice. See Iowa Code 231C.10
  • program: means an entity that provides assisted living. See Iowa Code 231C.2
  • Rule: includes "regulation". See Iowa Code 4.1
  • Tenant: means an individual who receives assisted living services through a certified assisted living program. See Iowa Code 231C.2
 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.