Iowa Admin. Code r. 441-81.47 - Civil money penalties-when penalty is collected

Current through Register Vol. 44, No. 20, April 6, 2022

(1) When facility requests a hearing.
a. A facility shall request a hearing on the determination of the noncompliance that is the basis for imposition of the civil money penalty within the time limit specified in subrule 81.35(7).
b. If a facility requests a hearing within the time specified in subrule 81.35(7), the department of inspections and appeals initiates collection of the penalty when there is a final administrative decision that upholds the department of inspections and appeals' determination of noncompliance after the facility achieves substantial compliance or is terminated.
(2) When facility does not request a hearing. If a facility does not request a hearing, in accordance with subrule 81.47(1), the department of inspections and appeals initiates collection of the penalty when the facility:
a. Achieves substantial compliance; or
b. Is terminated.
(3) When facility waives a hearing. If a facility waives its right to a hearing in writing, as specified in rule 441-81.49 (249A), the department of inspections and appeals initiates collection of the penalty when the facility:
a. Achieves substantial compliance; or
b. Is terminated.
(4) Accrual and computation of penalties. Accrual and computation of penalties for a facility that:
a. Requests a hearing or does not request a hearing as specified in rule 441-81.50 (249A);
b. Waives its right to a hearing in writing, as specified in subrule 81.49(2) and rule 441-81.50 (249A).
(5) Collection. The collection of civil money penalties is made as provided in rule 441-81.52 (249A).

Notes

Iowa Admin. Code r. 441-81.47

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