Senate File 401 - Introduced SENATE FILE BY DOTZLER Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the authority of the director of the 2 department of inspections and appeals to modify or reverse a 3 proposed decision rendered by an administrative law judge 4 relating to a citation issued to a health care facility. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 2060SS 83 7 jr/nh/8 PAG LIN 1 1 Section 1. Section 135C.43, Code 2009, is amended to read 1 2 as follows: 1 3 135C.43 FORMAL CONTEST == JUDICIAL REVIEW. 1 4 1. A facility which desires to contest a citation for a 1 5 Class I violation, or to further contest an affirmed or 1 6 modified citation for a Class II or Class III violation, may 1 7 do so in the manner provided by chapter 17A for contested 1 8 cases. Notice of intent to formally contest a citation shall 1 9 be given the department in writing within five days after 1 10 service of a citation for a Class I violation, or within five 1 11 days after the informal conference or after receipt of the 1 12 written explanation of the representative delegated to hold 1 13 the informal conference, whichever is applicable, in the case 1 14 of an affirmed or modified citation for a Class II or Class 1 15 III violation. 1 16 2. a. Notwithstanding the provisions of section 17A.15 to 1 17 the contrary, the director shall not reverse or modify any 1 18 finding of fact or conclusion of law set out in the decision 1 19 of an administrative law judge unless: 1 20 (1) The director first determines from a review of the 1 21 entire record, and states with particularity in the order, 1 22 that the finding of fact was clearly erroneous in view of the 1 23 reliable, probative, and substantial evidence on the record as 1 24 a whole. 1 25 (2) The director first determines from a review of the 1 26 entire record, and states with particularity in the order that 1 27 the conclusion of law was clearly erroneous in view of the 1 28 reliable, probative, and substantial evidence on the record as 1 29 a whole and the relevant case law. 1 30 b. Rejection or modification of conclusions of law shall 1 31 not form the basis for rejection or modification of the 1 32 findings of fact. 1 33 3. A facility which has exhausted all adequate 1 34 administrative remedies and is aggrieved by the final action 1 35 of the department may petition for judicial review in the 2 1 manner provided by chapter 17A. 2 22.4. Hearings on petitions for judicial review brought 2 3 under this section shall be set for trial at the earliest 2 4 possible date and shall take precedence on the court calendar 2 5 over all other cases except matters to which equal or superior 2 6 precedence is specifically granted by law. The times for 2 7 pleadings and for hearings in such actions shall be set by the 2 8 judge of the court with the object of securing a decision in 2 9 the matter at the earliest possible time. 2 10 EXPLANATION 2 11 Code section 17A.15 provides that in a contested case an 2 12 administrative law judge issues a proposed decision, which may 2 13 be appealed to, or reviewed by, the agency itself. This bill 2 14 provides that in contested cases involving the citation of a 2 15 health care facility, the decision, consisting of findings of 2 16 fact and conclusions of law, of an administrative law judge 2 17 shall be reversed or modified by the director of the 2 18 department of inspections and appeals only under specific 2 19 circumstances set out in the bill. 2 20 LSB 2060SS 83 2 21 jr/nh/8