§ 235E.7 — Appeal process — dependent adult abuse

Iowa § 235E.7

• Jurisdiction: Iowa
• Title VI: HUMAN SERVICES
• Ch. 235E: DEPENDENT ADULT ABUSE IN FACILITIES AND PROGRAMS

Text

1. If a request for an appeal is filed within fifteen days of the issuance of the written
notification of a finding of dependent adult abuse, the department shall not place the
caretaker on the central abuse registry until final agency action is taken. For a request for
an appeal filed within fifteen days of the issuance of the written notification of the finding,
the contested case hearing shall be held within sixty days of the request. The caretaker
may extend the hearing timeframe by thirty days one time. Additional requests for an
extension must be agreed upon by all parties or for good cause. The administrative law
judge’s proposed decision shall be issued within thirty days of the contested case hearing. If
further review of the decision is not requested before the proposed decision becomes final,
the proposed decision shall be deemed final agency action. If further review is requested,
the department’s final agency action shall occur within thirty days of the issuance of the
administrative law judge’s proposed decision. Upon final agency action, further appeal
rights shall be governed by chapter 17A.
2. If a caretaker fails to request an appeal within fifteen days, the caretaker shall have
sixty days from the issuance of the written notification of the abuse findings to file an appeal
pursuant to chapter 17A. However, the caretaker’s name shall be placed on the central abuse
registry pending the outcome of the appeal.
3. If the caretaker requests an appeal within fifteen days, the caretaker may waive the
expeditedhearingundersubsection1toproceedunderchapter17A,butthecaretaker’sname
shall be placed on the central abuse registry pending the outcome of the appeal.