Section 198.039

Title XII PUBLIC HEALTH AND WELFARE

Chapter 198

Effective - 28 Aug 1979   

  198.039.  License refused or revoked — review by administrative hearing commission — judicial review. — 1.  Any person aggrieved by an official action of the department either refusing to issue a license or revoking a license may seek a determination thereon by the administrative hearing commission pursuant to the provisions of section 621.045, et seq., except that the petition must be filed with the administrative hearing commission within fifteen days after the mailing or delivery of notice to the operator.  It shall not be a condition to such determination that the person aggrieved seek a reconsideration, a rehearing or exhaust any other procedure within the department.

  2.  The administrative hearing commission may stay the revocation of such license, pending the commission's findings and determination in the cause, upon such conditions as the commission deems necessary and appropriate including the posting of bond or other security except that the commission shall not grant a stay or if a stay has already been entered shall set aside its stay, if upon application of the department the commission finds reason to believe that continued operation of a facility pending the commission's final determination would present an imminent danger to the health, safety or welfare of any resident or a substantial probability that death or serious physical harm would result.  In any case in which the department has refused to issue a license, the commission shall have no authority to stay or to require the issuance of a license pending final determination by the commission.

  3.  The administrative hearing commission shall make the final decision as to the issuance or revocation of a license.  Any person aggrieved by a final decision of the administrative hearing commission, including the department, may seek judicial review of such decision by filing a petition for review in the court of appeals for the district in which the facility is located.  Review shall be had, except as modified herein, in accordance with the provisions of sections 621.189 and 621.193.

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(L. 1979 S.B. 328, et al. § 13)