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PAG LIN 1 1 Section 1. NEW SECTION. 203.11A CIVIL PENALTIES. 1 2 1. The department shall establish, by rule, civil 1 3 penalties which may be administratively or judicially assessed 1 4 against a grain dealer for a violation of this chapter. 1 5 2. The amount of the civil penalty shall not exceed one 1 6 thousand five hundred dollars. Each day that a violation 1 7 continues shall constitute a separate violation. The amount 1 8 of the civil penalty that may be assessed in a case shall not 1 9 exceed the amount recommended by the grain industry peer 1 10 review panel established pursuant to section 203.11B. Moneys 1 11 collected in civil penalties by the department or the attorney 1 12 general shall be deposited in the grain depositors and sellers 1 13 indemnity fund created in section 203D.3. 1 14 3. The penalties may be administratively assessed only 1 15 after an opportunity for a contested case hearing under 1 16 chapter 17A. The department may be represented in an 1 17 administrative or judicial hearing by the attorney general. A 1 18 civil penalty shall be paid within thirty days from the date 1 19 that an order or judgment for the penalty becomes final. When 1 20 a person against whom a civil penalty is administratively 1 21 assessed under this section seeks timely judicial review of an 1 22 order imposing the penalty as provided under chapter 17A, the 1 23 order is not final until all judicial review processes are 1 24 completed. When a person against whom a civil penalty is 1 25 judicially assessed under this section seeks a timely appeal 1 26 of judgment, the judgment is not final until the right of 1 27 appeal is exhausted. 1 28 4. A person who fails to timely pay a civil penalty as 1 29 provided in this section shall pay, in addition, interest at 1 30 the rate of one and one-half percent of the unpaid balance of 1 31 the assessed penalty for each month or part of a month that 1 32 the penalty remains unpaid. 1 33 Sec. 2. NEW SECTION. 203.11B GRAIN INDUSTRY PEER REVIEW 1 34 PANEL. 1 35 1. The department shall establish a grain industry peer 2 1 review panel to assist the department in assessing a civil 2 2 penalty pursuant to this section or section 203C.36A. The 2 3 secretary shall appoint the following members: 2 4 a. Two natural persons who are grain dealers licensed 2 5 under this chapter and actively engaged in the grain dealer 2 6 business. 2 7 b. Two natural persons who are warehouse operators 2 8 licensed pursuant to chapter 203C and actively engaged in the 2 9 grain warehouse business. 2 10 c. One natural person who is an agricultural producer 2 11 actively engaged in grain farming. 2 12 2. a. The members appointed pursuant to this section 2 13 shall serve four-year terms beginning and ending as provided 2 14 in section 69.19. However, the secretary shall appoint 2 15 initial members to serve for less than four years to ensure 2 16 that members serve staggered terms. A member is eligible for 2 17 reappointment. A vacancy on the panel shall be filled for the 2 18 unexpired portion of the regular term in the same manner as 2 19 regular appointments are made. 2 20 b. The panel shall elect a chairperson who shall serve for 2 21 a term of one year. The panel shall meet on a regular basis 2 22 and at the call of the chairperson or upon the written request 2 23 to the chairperson of three or more members. Three members 2 24 constitute a quorum and the affirmative vote of a majority of 2 25 the members present is necessary for any substantive action to 2 26 be taken by the panel. The majority shall not include any 2 27 member who has a conflict of interest and a statement by a 2 28 member that the member has a conflict of interest is 2 29 conclusive for this purpose. A vacancy in the membership does 2 30 not impair the duties of the panel. 2 31 c. Notwithstanding section 7E.6, the members shall only 2 32 receive reimbursement for actual expenses for performance of 2 33 their official duties, as provided by the department. 2 34 d. The panel shall be staffed by employees of the 2 35 department. 3 1 3. The panel may propose a schedule of penalties for minor 3 2 and serious violations of this chapter and chapter 203C. The 3 3 department may adopt rules based on the recommendations of the 3 4 panel as approved by the secretary. 3 5 4. a. The panel shall review cases of grain dealers 3 6 regulated under this chapter and warehouse operators regulated 3 7 under chapter 203C who are subject to civil penalties as 3 8 provided in section 203.11A or 203C.36A. A review shall be 3 9 performed upon request by the department or the person subject 3 10 to the civil penalty. 3 11 b. The department shall present reports to the panel in 3 12 regard to investigations which may result in the assessment of 3 13 a civil penalty against a person. The reports may be reviewed 3 14 by the panel in closed session pursuant to section 21.5, and 3 15 are confidential. In presenting the reports, the department 3 16 shall make available to the panel records of persons which are 3 17 otherwise confidential under section 22.7, 203.16, or 203C.24. 3 18 However, a determination to take disciplinary action against a 3 19 person shall be made exclusively by the department. 3 20 c. The panel may establish procedures for the review and 3 21 establish a system of prioritizing cases for review, 3 22 consistent with rules adopted by the department. The 3 23 department shall adopt rules establishing a period for the 3 24 review and response by the panel which must be completed prior 3 25 to a contested case hearing under chapter 17A. A hearing 3 26 shall not be delayed after the required period for review and 3 27 response, except as provided in chapter 17A or the Iowa rules 3 28 of civil procedure. The rules adopted by the department may 3 29 exclude review of minor violations. The review may also 3 30 include the manner of assessing and collecting the civil 3 31 penalty. 3 32 d. The findings and recommendations of the panel shall be 3 33 included in a response delivered to the department and the 3 34 person subject to the penalty. The response may include a 3 35 recommendation that a proposed civil penalty be modified or 4 1 suspended, that an alternative method of collection be 4 2 instituted, or that conditions be placed upon the license of a 4 3 grain dealer. 4 4 5. This section does not apply to an action by the 4 5 department for a license suspension or revocation. This 4 6 section also does not require a review or response if the case 4 7 is subject to criminal prosecution or involves a petition 4 8 seeking injunctive relief. 4 9 6. A response by the panel may be used as evidence in an 4 10 administrative hearing, or a civil or criminal case, except to 4 11 the extent that information contained in the report is 4 12 considered confidential pursuant to section 22.7, 203.16, or 4 13 203C.24. 4 14 Sec. 3. Section 203.16, Code 1997, is amended by adding 4 15 the following new subsection: 4 16 NEW SUBSECTION. 8. Disclosure to the grain industry peer 4 17 review panel as provided in section 203.11B. 4 18 Sec. 4. Section 203C.24, Code 1997, is amended by adding 4 19 the following new subsection: 4 20 NEW SUBSECTION. 8. Disclosure to the grain industry peer 4 21 review panel as provided in section 203.11B. 4 22 Sec. 5. NEW SECTION. 203C.36A CIVIL PENALTIES. 4 23 1. The department shall establish, by rule, civil 4 24 penalties which may be administratively or judicially assessed 4 25 against a warehouse operator for a violation of this chapter. 4 26 2. The amount of the civil penalty shall not exceed one 4 27 thousand five hundred dollars. Each day that a violation 4 28 continues shall constitute a separate violation. The amount 4 29 of the civil penalty that may be assessed in an administrative 4 30 case shall not exceed the amount recommended by the grain 4 31 industry peer review panel established pursuant to section 4 32 203.11B. Moneys collected in civil penalties by the 4 33 department or the attorney general shall be deposited in the 4 34 grain depositors and sellers indemnity fund created in section 4 35 203D.3. 5 1 3. The penalties may be administratively assessed only 5 2 after an opportunity for a contested case hearing under 5 3 chapter 17A. The department may be represented in an 5 4 administrative or judicial hearing by the attorney general. A 5 5 civil penalty shall be paid within thirty days from the date 5 6 that an order or judgment for the penalty becomes final. When 5 7 a person against whom a civil penalty is administratively 5 8 assessed under this section seeks timely judicial review of an 5 9 order imposing the penalty as provided under chapter 17A, the 5 10 order is not final until all judicial review processes are 5 11 completed. When a person against whom a civil penalty is 5 12 judicially assessed under this section seeks a timely appeal 5 13 of judgment, the judgment is not final until the right of 5 14 appeal is exhausted. 5 15 4. A person who fails to timely pay a civil penalty as 5 16 provided in this section shall pay, in addition, interest at 5 17 the rate of one and one-half percent of the unpaid balance of 5 18 the assessed penalty for each month or part of a month that 5 19 the penalty remains unpaid. 5 20 Sec. 6. Section 203D.3, subsection 1, Code 1997, is 5 21 amended to read as follows: 5 22 1. The grain depositors and sellers indemnity fund is 5 23 created in the state treasury as a separate account. The 5 24 general fund of the state is not liable for claims presented 5 25 against thegrain depositors and sellers indemnityfund under 5 26 section 203D.6. The fund consists of a per-bushel fee on 5 27 purchased grain remitted by licensed grain dealers and 5 28 licensed warehouse operators; an annual fee charged to and 5 29 remitted by licensed grain dealers and licensed warehouse 5 30 operators; delinquency penalties; civil penalties collected by 5 31 the department or attorney general pursuant to sections 5 32 203.11A and 203C.36A; sums collected by the department by 5 33 legal action on behalf of the fund; and interest, property, or 5 34 securities acquired through the use of moneys in the fund. 5 35 The fiscal year of the fund begins July 1. Fiscal quarters of 6 1 the fund begin July 1, October 1, January 1, and April 1. The 6 2 finances of the fund shall be calculated on an accrual basis 6 3 in accordance with generally accepted accounting principles. 6 4 The moneys collected under this section and deposited in the 6 5 fund shall be used exclusively to indemnify depositors and 6 6 sellers as provided in section 203D.6 and to pay the 6 7 administrative costs of this chapter. 6 8 EXPLANATION 6 9 This bill amends chapters 203, 203C, and 203D providing for 6 10 the regulation of grain dealers and warehouse operators 6 11 required to be licensed by the department of agriculture and 6 12 land stewardship, and providing for the Iowa grain depositors 6 13 and sellers indemnity fund. 6 14 The bill requires the department to establish, by rule, 6 15 civil penalties which may be administratively or judicially 6 16 assessed against a grain dealer or warehouse operator for a 6 17 violation of the chapters regulating those persons. The 6 18 amount of the civil penalty shall not exceed $1,500. The bill 6 19 provides procedures for administratively assessing the civil 6 20 penalties. The amount of the civil penalty cannot exceed the 6 21 amount recommended by the grain industry peer review panel as 6 22 established by the bill. The bill provides that moneys 6 23 collected in civil penalties by the department or the attorney 6 24 general must be deposited in the grain depositors and sellers 6 25 indemnity fund. 6 26 The bill establishes a grain industry peer review panel to 6 27 assist the department in assessing a civil penalty. The bill 6 28 provides that the secretary of agriculture shall appoint 6 29 members to the panel who represent grain dealers, warehouse 6 30 operators, and producers. The bill provides procedures for 6 31 the operation of the panel and reimbursement of member 6 32 expenses. The bill provides that the panel may propose a 6 33 schedule of penalties for minor and serious violations, and 6 34 may review cases of persons required to be licensed as grain 6 35 dealers or warehouse operators and who are subject to civil 7 1 penalties. A review is performed upon request by the 7 2 department or the person subject to the civil penalty. The 7 3 bill provides for the consideration of information by the 7 4 panel that would otherwise be confidential. The findings and 7 5 recommendations of the panel must be included in a response 7 6 delivered to the department and the person subject to the 7 7 penalty. The response may include a recommendation that a 7 8 proposed civil penalty be modified or suspended, that an 7 9 alternative method of collection be instituted, or that 7 10 conditions be placed upon the license of a grain dealer or 7 11 warehouse operator. The panel cannot take action relating to 7 12 a license suspension or revocation. A review or response is 7 13 not required if the department refers a violation for criminal 7 14 prosecution, or in an action involving injunctive relief. The 7 15 bill provides that a response by the panel may be used as 7 16 evidence in an administrative hearing, or a civil or criminal 7 17 case, except to the extent that information contained in the 7 18 report is considered confidential. 7 19 LSB 2479XS 77 7 20 da/sc/14.1
Text: SF00355 Text: SF00357 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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