Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 134 - Trauma Care Facility Categorization and Verification › Rule 641-134.3 - Complaints and Investigations and Appeals-denial, Citation and Warning, Probation, Suspension, and Revocation of Verification as a Trauma Care Facility

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department
			 may deny verification as a trauma care facility or may give a citation and
			 warning, place on probation, suspend, or revoke existing verification if the
			 department finds reason to believe that the facility has not been or will not
			 be operated in compliance with Iowa Code section
			 147A.23
			 and these administrative rules or that there is insufficient assurance of
			 adequate protection for the public. The denial, citation and warning, period of
			 probation, suspension, or revocation shall be effected and may be appealed in
			 accordance with the requirements of Iowa Code section
			 17A.12.
(2) All complaints regarding the operation of
			 a trauma care facility, or those purporting to be or operating as the same,
			 shall be reported to the department. The address is: Iowa Department of Public
			 Health, Bureau of Emergency and Trauma Services, Lucas State Office Building,
			 Des Moines, Iowa 50319-0075.
(3) An
			 EMS provider who has knowledge of a hospital, emergency care facility or trauma
			 care facility that has violated Iowa Code section
			 147A.23,
			 or these administrative rules, shall immediately report such information to the
			 department. The address is: Iowa Department of Public Health, Bureau of
			 Emergency and Trauma Services, Lucas State Office Building, Des Moines, Iowa
			 50319-0075.
(4) Complaints and the
			 investigative process shall be treated as confidential to the extent they are
			 protected by Iowa Code sections
			 22.7 and
			 147A.24
			 and Iowa Code chapter 272C.
(5)
			 Complaint investigations may result in the department's issuance of a notice of
			 denial, citation and warning, probation, suspension or revocation.
(6) Notice of denial, citation and warning,
			 probation, suspension or revocation shall be effected in accordance with the
			 requirements of Iowa Code section
			 17A.12.
			 Notice to the alleged violator of denial, citation and warning, probation,
			 suspension, or revocation shall be served by certified mail, return receipt
			 requested, or by personal service.
(7) Any request for a hearing concerning the
			 denial, citation and warning, probation, suspension or revocation shall be
			 submitted by the aggrieved party in writing to the department by certified
			 mail, return receipt requested, within 20 days of the receipt of the
			 department's notice to take action. The address is: Iowa Department of Public
			 Health, Bureau of Emergency and Trauma Services, Lucas State Office Building,
			 Des Moines, Iowa 50319-0075. If the request is made within the 20-day time
			 period, the notice to take action shall be deemed to be suspended pending the
			 hearing. Prior to or at the hearing, the department may rescind the notice upon
			 satisfaction that the reason for the denial, citation and warning, probation,
			 suspension or revocation has been or will be removed. If no request for a
			 hearing is received within the 20-day time period, the department's notice of
			 denial, citation and warning, probation, suspension or revocation shall become
			 the department's final agency action.
(8) Upon receipt of a request for hearing,
			 the request shall be forwarded within five working days to the department of
			 inspections and appeals pursuant to the rules adopted by that agency regarding
			 the transmission of contested cases. The information upon which the adverse
			 action is based and any additional information which may be provided by the
			 aggrieved party shall also be provided to the department of inspections and
			 appeals.
(9) The hearing shall be
			 conducted according to the procedural rules of the department of inspections
			 and appeals found in 481-Chapter 10, Iowa Administrative Code.
(10) When the administrative law judge makes
			 a proposed decision and order, it shall be served by certified mail, return
			 receipt requested, or delivered by personal service. That proposed decision and
			 order then becomes the department's final agency action without further
			 proceedings ten days after it is received by the aggrieved party unless an
			 appeal to the director is taken.
(11) Any appeal to the director for review of
			 the proposed decision and order of the administrative law judge shall be filed
			 in writing and mailed to the director by certified mail, return receipt
			 requested, or delivered by personal service within ten days after the receipt
			 of the administrative law judge's proposed decision and order by the aggrieved
			 party. A copy of the appeal shall also be mailed to the administrative law
			 judge. Any request for an appeal shall state the reason for appeal.
(12) Upon receipt of an appeal request, the
			 administrative law judge shall prepare the record of the hearing for submission
			 to the director. The record shall include the following:
a. All pleadings, motions, and
			 rules.
b. All evidence received or
			 considered and all other submissions by recording or transcript.
c. A statement of all matters officially
			 noticed.
d. All questions and
			 offers of proof, objections and rulings on them.
e. All proposed findings and exceptions.
f. The proposed decision and order
			 of the administrative law judge.