455B.476 Violations — orders.
1. If there is substantial evidence that a person has violated or is violating a provision of this part or a rule adopted under this part, the director may issue an order directing the person to desist in the practice that constitutes the violation and to take corrective action as necessary to ensure that the violation will cease, and may impose appropriate administrative penalties pursuant to section 455B.109. The person to whom the order is issued may appeal the order to the commission as provided in chapter 17A. On appeal, the commission may affirm, modify, or vacate the order of the director. The applicable time frames for the issuance and appeal of the order are defined in section 455B.110.
2. However, if it is determined by the director that an emergency exists respecting any matter affecting or likely to affect the public health, the director may issue any order necessary to terminate the emergency without notice and without hearing. The order is binding and effective immediately and until the order is modified or vacated at a hearing before the commission or by a district court.
3. The director, with the approval of the commission, may request the attorney general to institute legal proceedings pursuant to section 455B.477.
85 Acts, ch 162, §6; 86 Acts, ch 1245, §1899A; 2019 Acts, ch 97, §7; 2020 Acts, ch 1063, §242
Referred to in §455B.473
Subsection 1 amended