Section 198.108

Title XII PUBLIC HEALTH AND WELFARE

Chapter 198

Effective - 01 Jul 1979, see footnote   

  198.108.  Ex parte appointment of receiver in emergency, when — notice — hearing. — If it appears from the petition filed under section 198.105, or from an affidavit or affidavits filed with the petition, or from testimony of witnesses under oath when the court determines that this is necessary, that there is probable cause to believe that an emergency exists in the facility, the court shall immediately issue the requested order for appointment of a receiver, ex parte and without further hearing.  Notice of the petition and order shall be served on the operator or administrator of the facility or, if personal service is impossible, shall be posted in a conspicuous place in the facility within twenty-four hours after issuance of the order.  If the petition is not filed by the attorney general, a copy of the petition shall be served on the department and upon the attorney general.  A hearing on the petition shall be held within three days after notice is served or posted unless the operator consents to a later date.  After the hearing, the court may terminate, continue or modify the temporary order.

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(L. 1979 S.B. 328, et al. § 36)

Effective 7-1-79