Civil penalties

The department may establish by rule, in accordance with chapter 17A, civil penalties for the following violations by an elder group home: 1. Noncompliance with any regulatory requirements which presents an imminent danger or a substantial probability of resultant death or physical harm to a tenant. 2. Following receipt of notice from the department, continued failure or refusal to comply within a prescribed time frame with regulatory requirements that have a direct relationship to the health, safety, or security of elder group home tenants. 3. Preventing or interfering with or attempting to impede in any way any duly authorized representative of the department in the lawful enforcement of this chapter or of the rules adopted pursuant to this chapter. As used in this subsection, “lawful enforcement” includes but is not limited to: a. Contacting or interviewing any tenant of an elder group home in private at any reasonable hour and without advance notice. b. Examining any relevant records of an elder group home. c. Preserving evidence of any violation of this chapter or of the rules adopted pursuant to this chapter.