Iowa Admin. Code r. 441-81.47

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 441-81.47 - Civil money penalties-when penalty is collected

(1)When facility requests a hearing.

a. A facility shall request a hearing on the determination of the noncompliance that is the basis for imposition of the civil money penalty within the time limit specified in subrule 81.35(7).

b. If a facility requests a hearing within the time specified in subrule 81.35(7), the department of inspections and appeals initiates collection of the penalty when there is a final administrative decision that upholds the department of inspections and appeals' determination of noncompliance after the facility achieves substantial compliance or is terminated.

(2)When facility does not request a hearing. If a facility does not request a hearing, in accordance with subrule 81.47(1), the department of inspections and appeals initiates collection of the penalty when the facility:

a. Achieves substantial compliance; or

b. Is terminated.

(3)When facility waives a hearing. If a facility waives its right to a hearing in writing, as specified in rule 441-81.49 (249A), the department of inspections and appeals initiates collection of the penalty when the facility:

a. Achieves substantial compliance; or

b. Is terminated.

(4)Accrual and computation of penalties. Accrual and computation of penalties for a facility that:

a. Requests a hearing or does not request a hearing as specified in rule 441-81.50 (249A);

b. Waives its right to a hearing in writing, as specified in subrule 81.49(2) and rule 441-81.50 (249A).

(5)Collection. The collection of civil money penalties is made as provided in rule 441-81.52 (249A).

Iowa Admin. Code r. 441-81.47