198.099. Petition for appointment of receiver--when.

Petition for appointment of receiver--when.

198.099. The attorney general, either on his own initiativeor upon the request of the department or of any other stategovernmental agency having an interest in the matter, a residentor residents or the guardian of a resident of a facility or theowner or operator of a facility may petition for appointment of areceiver for a facility when any of the following conditionsexist:

(1) The operator is operating without a license;

(2) The department has revoked the license of an operator orrefused to grant an application for a license to the operator;

(3) The department has initiated revocation procedures andhas determined that the lives, health, safety, or welfare of theresidents cannot be adequately assured pending a full hearing onlicense revocation;

(4) The facility is closing or intends to close and adequatearrangements for relocation of residents have not been made atleast thirty days prior to closure;

(5) An emergency exists in the facility;

(6) The operator is insolvent; or

(7) An owner of the land or structure is insolvent and suchinsolvency substantially affects the operation of the facility.

(L. 1979 S.B. 328, et al. § 33)

Effective 7-1-79