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Iowa Code Title VI. Human Services [Chs. 216-255A] § 231.78. Compliance

Current as of January 01, 2024 | Updated by Findlaw Staff

1. A person's sole remedy for a violation of a rule adopted by the department to implement sections 231.75 through 231.77 shall be to initiate a proceeding with the department by request pursuant to chapter 17A.

a. Any decision of the department shall be in accordance with due process of law.  A person or party who is aggrieved or adversely affected by the department's action may seek judicial review pursuant to section 17A.19.  A person or party who is aggrieved or adversely affected by a final judgment of the district court may appeal under section 17A.20.

b. Either the department or a party in interest may apply to the Iowa district court for an order to enforce a final decision of the department.

2. Any rules adopted by the department to implement sections 231.76 and 231.77 shall not create any right, entitlement, property or liberty right or interest, or private cause of action for damages against the state or a political subdivision of the state, or for which the state or a political subdivision of the state would be responsible.

3. Notwithstanding subsection 1, any violation of section 231.77, subsection 2, shall be subject to enforcement by the commissioner of insurance pursuant to chapter 507B.

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Cite this article: FindLaw.com - Iowa Code Title VI. Human Services [Chs. 216-255A] § 231.78. Compliance - last updated January 01, 2024 | https://codes.findlaw.com/ia/title-vi-human-services-chs-216-255a/ia-code-sect-231-78/

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