198.108. Ex parte appointment of receiver in emergency, when--notice--hearing.
Ex parte appointment of receiver in emergency, when--notice--hearing.
198.108. If it appears from the petition filed under section198.105, or from an affidavit or affidavits filed with thepetition, or from testimony of witnesses under oath when thecourt determines that this is necessary, that there is probablecause to believe that an emergency exists in the facility, thecourt shall immediately issue the requested order for appointmentof a receiver, ex parte and without further hearing. Notice ofthe petition and order shall be served on the operator oradministrator of the facility or, if personal service isimpossible, shall be posted in a conspicuous place in thefacility within twenty-four hours after issuance of the order.If the petition is not filed by the attorney general, a copy ofthe petition shall be served on the department and upon theattorney general. A hearing on the petition shall be held withinthree days after notice is served or posted unless the operatorconsents to a later date. After the hearing, the court mayterminate, continue or modify the temporary order.
(L. 1979 S.B. 328, et al. § 36)Effective 7-1-79