House Journal: Page 1253: Wednesday, April 5, 2000
11 this subsection shall be deemed in contempt of that
12 order. The commissioner may petition the district
13 court to enforce the order as certified by the
14 commissioner. The district court shall adjudge the
15 person in contempt of the order if the court finds
16 after hearing that the person is not in compliance
17 with the order. The court shall assess a civil
18 penalty against the person in an amount not less than
19 three thousand dollars but not greater than ten
20 thousand dollars per violation, and may issue further
21 orders as it deems appropriate.
22 Sec. 31. NEW SECTION. 523C.23 INVESTIGATIONS AND
23 SUBPOENAS.
24 1. a. In enforcing this chapter, the commissioner
25 may conduct a public or private investigation in order
26 to do any of the following:
27 (1) Determine whether a person has violated or is
28 about to violate a provision of this chapter or a rule
29 or order under this chapter.
30 (2) Aid in the enforcement of this chapter or in
31 the prescribing of rules and forms under this chapter.
32 b. In carrying out this subsection, the
33 commissioner may do all of the following:
34 (1) Conduct the investigation within or outside of
35 this state.
36 (2) Require or allow a person to file a statement
37 in writing regarding the facts or circumstances
38 concerning a matter to be investigated. The
39 commissioner may require that the statement be made
40 under oath.
41 (3) Apply to the district court for the issuance
42 of an order requiring a person's appearance before the
43 commissioner or the attorney general. The person may
44 also be required to produce documentary evidence
45 germane to the subject of the investigation. The
46 failure to obey an order under this subsection
47 constitutes contempt of court.
48 c. Information obtained in the course of an
49 investigation is confidential as provided in section
50 22.7. However, upon a determination that disclosure
Page 12
1 of the information is necessary or appropriate in the
2 public interest or for the protection of consumers,
3 the commissioner may do any of the following:
4 (1) Share information obtained during the course
5 of the investigation with another regulatory authority
6 or government agency.
7 (2) Publish information obtained during the course
8 of the investigation which concerns a violation of
9 this chapter or a rule or order under this chapter.
© 2000 Cornell College and
League of Women Voters of Iowa
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