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 2 2. 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