1. A person establishing, conducting, managing, or operating an adult day services program without a certificate is guilty of a serious misdemeanor. Each day of continuing violation after conviction or notice from the department of inspections and appeals by certified mail of a violation shall be considered a separate offense or chargeable offense. A person establishing, conducting, managing, or operating an adult day services program without a certificate may be temporarily or permanently restrained by a court of competent jurisdiction from such activity in an action brought by the state.
2. A person who prevents or interferes with or attempts to impede in any way any duly authorized representative of the department of inspections and appeals in the lawful enforcement of this chapter or of the rules adopted pursuant to this chapter is guilty of a simple misdemeanor. As used in this subsection, lawful enforcement includes but is not limited to:
a. Contacting or interviewing any participant of an adult day services program in private at any reasonable hour and without advance notice.
b. Examining any relevant records of an adult day services program.
c. Preserving evidence of any violation of this chapter or of the rules adopted pursuant to this chapter.
3. A civil penalty, as established by rule, may apply in any of the following situations:
a. Program noncompliance with one or more regulatory requirements has caused or is likely to cause harm, serious injury, threat, or death to a recipient of program services.
b. Program failure or refusal to comply with regulatory requirements within prescribed time frames.
2003 Acts, ch 165, §11
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