House Journal: Page 1357: Monday, April 23, 2001
12 purchase agreements, files, or other documents or
13 records used by every applicant and permit holder
14 under this chapter.
15 e. Administer oaths and affirmations, subpoena
16 witnesses, compel their attendance, take evidence, and
17 require the production of any books, accounts, papers,
18 correspondence, memoranda, purchase agreements, files,
19 or other documents or records which the commissioner
20 deems relevant or material to any investigation or
21 proceeding under this chapter and implementing rules,
22 all of which may be enforced under chapter 17A.
23 f. Apply to the district court for an order
24 requiring a person's appearance before the
25 commissioner or attorney general, or a designee of
26 either or both, in cases where the person has refused
27 to obey a subpoena issued by the commissioner or
28 attorney general. The person may also be required to
29 produce documentary evidence germane to the subject of
30 the investigation. Failure to obey a court order
31 under this subsection constitutes contempt of court.
32 2. The commissioner may issue and bring an action
33 in district court to enforce subpoenas within this
34 state at the request of an agency or administrator of
35 another state, if the activity constituting an alleged
36 violation for which the information is sought would be
37 a violation of this chapter had the activity occurred
38 in this state.
39 Sec. . NEW SECTION. 523A.804 MEDIATION.
40 The commissioner may order an establishment to
41 participate in mediation in any dispute regarding a
42 purchase agreement. Mediation performed under this
43 section shall be conducted by a mediator appointed by
44 the commissioner and shall comply with the provisions
45 of chapter 679C.
46 Mediation of these disputes shall include
47 attendance at a mediation session with the mediator
48 and the parties to the dispute, listening to the
49 mediator's explanation of the mediation process,
50 presentation of one party's view of the dispute, and
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1 listening to the response of the other party.
2 Participation in mediation does not require that the
3 parties reach a mediation agreement.
4 Parties to the mediation shall have the right to
5 advice and presence of counsel at all times. The
6 parties to the mediation shall present any mediation
7 agreement reached through the mediation to the
8 commissioner. If a mediation agreement is not
9 reached, the mediator shall file a report with the
10 commissioner. The costs of the mediation shall be
© 2001 Cornell College and
League of Women Voters of Iowa
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