321—9.3 (231) Application for committee membership. An interested individual may apply to the department for membership. Individuals, AAAs and other organizations are encouraged to recommend potential volunteers for committee membership to the department pursuant to Iowa Code section 135C.25.
	 9.3(1) Application forms. Application forms may be obtained from the department at the address listed in 321 IAC 2.3(2), from the department Web site or from organizations designated by the department.
	 9.3(2) Submission of forms. Each applicant shall complete and submit an application for membership to the department at the address in 321 IAC 2.3(2).
	 9.3(3) Membership restriction. Applications shall be approved only when written consent is submitted by both the resident’s advocate/ombudsman and the administrator of the facility if an applicant:
	  a.   	 Has an ownership interest in the facility; or
	  b.   	 Is employed by the facility or a competing facility; or
	  c.   	 Has been employed by the facility within the past three years; or
	  d.   	 Is related to an employee, board member, or licensee of the facility; or
	  e.   	 Is a public employee involved with the sponsoring or placement of residents in the facility; or
	  f.   	 Is an administrator of a long-term care facility; or
	  g.   	 Is a professional consultant to the facility.
	 9.3(4) Waiver of membership restriction. When the resident’s advocate/ombudsman or the facility administrator does not approve an application, the membership restriction for relatives in paragraph 9.3(3)“d” may be waived by the director if sufficient evidence can be presented showing that the membership will not cause a conflict of interest.