House Journal: Page 1246: Wednesday, April 5, 2000
18 from the date that the order is issued in order to
19 file the request. Section 17A.18a is inapplicable to
20 a summary order issued under this subsection.
21 b. a person violating a summary order issued under
22 this subsection shall be deemed in contempt of that
23 order. The commissioner may petition the district
24 court to enforce the order as certified by the
25 commissioner. The district court shall adjudge the
26 person in contempt of the order if the court finds
27 after hearing that the person is not in compliance
28 with the order. The court shall assess a civil
29 penalty against the person in an amount not less than
30 three thousand dollars but not greater than ten
31 thousand dollars per violation, and may issue further
32 orders as it deems appropriate.
33 Sec. 12. Section 321I.15, Code 1999, is amended to
34 read as follows:
35 321I.15 AUDITS.
36 The commissioner may examine or cause to be
37 examined the books, papers, records, memoranda, or
38 documents of a motor vehicle service contract provider
39 for the purpose of verifying compliance with this
40 chapter. The commissioner may require, by a subpoena,
41 the attendance of the provider, or the provider's
42 representative, and any other witness whom the
43 commissioner deems necessary or expedient, and the
44 production of books, papers, records, memoranda, or
45 documents relating in any manner to compliance with
46 this chapter if a provider or witness fails or refuses
47 to produce the documents for examination when
48 requested by the commissioner.
49 Sec. 13. Section 321I.16, Code 1999, is amended to
50 read as follows:
Page 5
1 321I.16 VIOLATIONS - PENALTIES.
2 1. a. Except as provided in paragraph "b", all of
3 the following shall apply:
4 (1) a violation of this chapter or a rule adopted
5 pursuant to this chapter is a violation of section
6 714.16, subsection 2, paragraph "a". The remedies and
7 penalties provided by section 714.16, including but
8 not limited to injunctive relief and civil penalties,
9 apply to violations of this chapter.
10 (2) a person who willfully and knowingly violates
11 this chapter or a rule adopted pursuant to this
12 chapter is, upon conviction, guilty of a class "D"
13 felony.
14 b. a motor vehicle service contract provider who
15 fails to file documents and information with the
16 commissioner as required pursuant to section 321I.3
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