Iowa Admin. Code r. 441-81.52

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

Rule 441-81.52 - Civil money penalties-due date for payment of penalty

(1)When payments are due.

a. A civil money penalty payment is due 15 days after a final administrative decision is made when:

(1) The facility achieves substantial compliance before the final administrative decision; or

(2) The effective date of termination occurs before the final administrative decision.

b. A civil money penalty is due 15 days after the time period for requesting a hearing has expired and a hearing request was not received when:

(1) The facility achieves substantial compliance before the hearing request was due; or

(2) The effective date of termination occurs before the hearing request was due.

c. A civil money penalty payment is due 15 days after receipt of the written request to waive a hearing when:

(1) The facility achieved substantial compliance before the department of inspections and appeals received the written waiver of hearing; or

(2) The effective date of termination occurs before the department of inspections and appeals received the written waiver of hearing.

d. A civil money penalty payment is due 15 days after substantial compliance is achieved when:

(1) The final administrative decision is made before the facility came into compliance;

(2) The facility did not file a timely hearing request before it came into substantial compliance; or

(3) The facility waived its right to a hearing before it came into substantial compliance.

e. A civil money penalty payment is due 15 days after the effective date of termination, if before the effective date of termination:

(1) The final administrative decision was made;

(2) The time for requesting a hearing has expired and the facility did not request a hearing; or

(3) The facility waived its right to a hearing.

f. In the cases specified in paragraph"d, " the period of noncompliance may not extend beyond six months from the last day of the survey.

(2)Deduction of penalty from amount owed. The amount of the penalty, when determined, may be deducted from any sum then or later owing by the department to the facility.

(3)Interest. Interest of 10 percent per year is assessed on the unpaid balance of the penalty, beginning on the due date.

(4)Penalties collected by the department. Rescinded lAB 3/9/11, effective 4/1/11.

Iowa Admin. Code r. 441-81.52

ARC 9402B, lAB 3/9/11, effective 4/1/11