Section 325.21918. Investigation of complaints and hearings.

Rule 1918. (1) The department shall review the  complaint   and  shall investigate the same. The substance of the complaint shall be provided to the licensee not earlier than at the commencement of the on-site inspection of  the   nursing  home  which takes place pursuant to the complaint. At the conclusion of its  review  on investigation, the department shall inform the complainant of its disposition of the complaint. If the complainant is dissatisfied with the disposition of the complaint made by the department, and if the code or other  applicable statute gives the complainant the right and standing to do so, the complainant may demand a hearing on the complaint  under  R 325.21917  by filing written request therefor.

(2)    A hearing on a complaint shall be noticed in the same manner as a hearing initiated by the department, except that the notice need not comply with the provisions of R 325.21904(b). If the person complained against is a licensee, a copy of the complaint shall be  appended to the notice.

(3)    When the person complained against is a licensee, the licensee shall be the respondent, but the department may, if it chooses, intervene as of right in the proceedings, in which case, the department shall have all the rights of a party.

History: 1981 AACS.