1. The department of inspections and appeals may deny, suspend, or revoke certification if the department of inspections and appeals finds that there has been a substantial or repeated failure on the part of the adult day services program to comply with this chapter or the rules or minimum standards adopted pursuant to this chapter, or for any of the following reasons:
a. Cruelty or indifference to adult day services program service recipients.
b. Appropriation or conversion of the property of an adult day services programs service recipient without the recipient's written consent or the written consent of the service recipient's legal guardian.
c. Permitting, aiding, or abetting the commission of any illegal act in the adult day services program.
d. Obtaining or attempting to obtain or retain certification by fraudulent means, misrepresentation, or by submitting false information.
e. Habitual intoxication or addiction to the use of drugs by the applicant, owner, manager, or supervisor of the adult day services program.
f. Securing the devise or bequest of the property of a recipient of services of an adult day services program by undue influence.
g. Failure or neglect to maintain a continuing education and training program for all personnel employed in the adult day services program.
h. Founded dependent adult abuse as defined in section 235B.2.
i. For any other reason as provided by law or administrative rule.
2. In the case of an application by an existing certificate holder for a new or newly acquired adult day services program, continuing or repeated failure of the certificate holder to operate any previously certified adult day services program in compliance with this chapter or of the rules adopted pursuant to this chapter.
3. In the case of a certificate applicant or existing certificate holder which is an entity other than an individual, the department of inspections and appeals may deny, suspend, or revoke a certificate if any individual who is in a position of control or is an officer of the entity engages in any act or omission proscribed by this section.
2003 Acts, ch 165, §5
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