House Journal: Page 1252: Wednesday, April 5, 2000
12 investigation as provided in section 502.603, 523B.8,
13 or 523C.23.
14 Sec. 28. Section 523C.1, Code 1999, is amended by
15 adding the following new subsection:
16 NEW SUBSECTION. 6A. "Record" means the same as
17 defined in section 321I.1.
18 Sec. 29. Section 523C.7, subsection 4, Code 1999,
19 is amended to read as follows:
20 4. To the extent necessary to administer the
21 provisions of this chapter, the commissioner may,
22 after notice and hearing, institute a residential
23 service contract form approval or form review fee as
24 the commissioner shall by. If the commissioner
25 establishes a fee, the amount of the fee shall be set
26 by rule set adopted pursuant to chapter 17A. The fee,
27 if imposed, may be by dollar amount or based upon a
28 percentage of the sale value of the contract.
29 However, the fee shall not exceed fifty thousand
30 dollars.
31 Sec. 30. Section 523C.19, Code 1999, is amended to
32 read as follows:
33 523C.19 CEASE AND DESIST ORDERS.
34 1. If an investigation provides reasonable
35 evidence Upon the commissioner's determination that a
36 person violated any provision has engaged, is
37 engaging, or is about to engage in any act or practice
38 constituting a violation of this chapter or any rule
39 adopted pursuant to this chapter, the commissioner may
40 issue an order directed at directing the person to
41 cease and desist from engaging in the act or practice
42 resulting in the violation or to take other
43 affirmative action as in the judgment of the
44 commissioner is necessary to comply with the
45 requirements of this chapter.
46 2. If a hearing is not timely requested, the
47 summary order becomes final by operation of law. The
48 order shall remain effective from the date of issuance
49 until the date the order becomes final by operation of
50 law or is overturned by a presiding officer or court
Page 11
1 following a request for hearing. a person who has
2 been issued a summary order under this section may
3 contest it by filing a request for a contested case
4 proceeding as provided in chapter 17a and in
5 accordance with rules adopted by the commissioner.
6 However, the person shall have at least thirty days
7 from the date that the order is issued in order to
8 file the request. Section 17A.18a is inapplicable to
9 a summary order issued under this subsection.
10 3. a person violating a summary order issued under
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