135C.13  Judicial review.

Judicial review of any action of the director may be sought in accordance with the terms of the Iowa administrative procedure Act. Notwithstanding the terms of said Act, petitions for judicial review may be filed in the district court of the county where the facility or proposed facility is located, and pending final disposition of the matter the status quo of the applicant or licensee shall be preserved except when the director, with the advice and consent of the resident advocate committee established pursuant to section 135C.25, determines that the health, safety or welfare of the residents of the facility is in immediate danger, in which case the director may order the immediate removal of such residents. The fact that no resident advocate committee has been appointed for a particular facility shall not bar the director from exercising the emergency powers granted by this subsection with respect to that facility.

Section History: Early form

  [C58, 62, 66, 71, 73, 75, 77, 79, 81, § 135C.13]

Section History: Recent form

  99 Acts, ch 129, §2

Internal References

  Referred to in § 135C.11

Footnotes

  See §17A.19


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