Iowa Admin. Code r. 441-112.9 - Suspension
(1)
Types
of suspension. There are two types of suspension of a license.
a. Emergency suspensions are to prevent
persons from providing foster care by suspending their license until it is
revoked or denied.
b. Time-limited
suspensions are to prevent persons from providing foster care by suspending
their license until a deficiency in the home or facility is
corrected.
(2)
Requirements for emergency suspension. The emergency
suspension of a license by the administrator or administrator 's designee shall
occur only when all of the following conditions exist:
a. The licensee fails to meet licensing
requirements.
b. There are
sufficient grounds for revocation on denial of the license.
c. The health, safety, and welfare of any
child placed in the home or facility requires immediate action.
d. The existence of the condition requiring
suspension is documented in the licensee's record.
(3)
Requirements for time-limited
suspensions. The time-limited suspension of a license by the
administrator or administrator 's designee shall occur only when all of the
following conditions exist:
a. The licensee
fails to meet licensing requirements.
b. The health, safety, and welfare of any
child placed in the home or facility requires immediate action.
c. The existence of the condition requiring
suspension is documented in the licensee's record.
d. The condition requiring the suspension can
be corrected by the licensee to meet licensing requirements.
e. If the condition were corrected, a full
license would be issued.
f. The
licensee signs a written statement acknowledging the existence of the
condition, citing the law or rule violated, and making a commitment to correct
the condition within a specific time period, not to exceed the period of the
license.
(4)
Effective period of suspensions. A suspension shall be
effective on the date the notice is received by the licensee and shall remain
in effect until one of the following occurs:
a. The department withdraws the suspension
due to a change in conditions in the home or facility.
b. The court orders the license
reinstated.
c. The action is
reversed by a final decision in accordance with 441-Chapter 7.
d. For emergency suspensions, a revocation or
denial becomes effective and the license is rescinded.
e. The licensing period expires.
f. For time-limited suspensions, the period
of suspension ends.
(5)
Method and content of notice. The notice of suspension shall
be sent by restricted certified mail or personal service and shall include the
following:
a. The condition requiring the
suspension.
b. The specific law or
rule violated.
c. The type of
suspension.
d. For an emergency
suspension, the adverse action being sought by the department.
e. For a time-limited suspension, the
duration of the suspension.
(6)
Right to appeal
suspension. The licensee has the right to appeal the suspension of the
license, but initiation of an appeal does not alter the suspension.
This rule is intended to implement Iowa Code sections 237.3 and 237.5.
Notes
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