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89A.10 Enforcement orders by commissioner---injunction.

1. If an inspection report indicates a failure to comply with applicable rules, or with the detailed plans and specifications approved by the commissioner, the commissioner may, upon giving notice, order the owner thereof to make the changes necessary for compliance.

2. If the owner does not make the changes necessary for compliance as required in subsection 1 within the period specified by the commissioner, the commissioner, upon notice, may suspend or revoke the operating permit, or may refuse to issue the operating permit for the facility. The commissioner shall notify the owner of any action to suspend, revoke, or refuse to issue an operating permit and the reason for the action by certified mail. An owner may appeal the commissioner's initial decision. The appeal shall be heard by an administrative law judge of the department of inspections and appeals. An owner who, after a hearing before an administrative law judge, is aggrieved by a suspension, revocation, or refusal to issue an operating permit may appeal to the employment appeal board created under section 10A.601. Notice of appeal shall be filed with the appeal board within thirty calendar days from receipt of the notice of the commissioner's action.

A party adversely affected or aggrieved by an order of the appeal board issued under this subsection may obtain a review of the order in the district court of the county in which the facility is located by filing in the court within sixty days following the issuance of the order a written petition that the order be modified or set aside. A copy of the petition shall be forthwith transmitted by the clerk of the district court to the appeal board and to all other parties, and the appeal board shall promptly file in the court the transcript of record in the proceedings. Upon filing of the petition, the court has jurisdiction of the proceedings and of the questions to be determined, and may grant temporary relief or a restraining order, and may make and enter upon the pleadings, testimony, and proceedings set forth in the record a decree affirming, modifying, or setting aside in whole or in part, the order of the appeal board and enforcing the order to the extent that the order is affirmed, modified, or denied.

No proceedings before the commissioner or the commissioner's agents, an administrative law judge, the appeal board, or any district court of this state shall be deemed to deny an owner an operating permit until there is a final adjudication of the matter. An objection which has not been urged before the appeal board shall not be considered by the court, unless the failure or neglect to urge the objection is excused because of extraordinary circumstances. The findings of the appeal board with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, are conclusive. The appeal board's copy of the testimony shall be available to all parties for examination at all reasonable times, without cost, and for the purpose of judicial review of the appeal board's orders. Upon the filing of the record with it, the jurisdiction of the court is exclusive and its judgment and decree is final, except that it is subject to review by the Iowa supreme court.

3. If the commissioner has reason to believe that the continued operation of a facility constitutes an imminent danger which could reasonably be expected to seriously injure or cause death to members of the public, the commissioner may apply to the district court in the county in which such imminently dangerous condition exists for a temporary order for the purpose of enjoining such imminently dangerous facility. Upon hearing, if deemed appropriate by the court, a permanent injunction may be issued to insure that such imminently dangerous facility be prevented or controlled. Upon the elimination or rectification of such imminently dangerous condition the temporary or permanent injunction shall be vacated.

Section History: Early form

[C75, 77, 79, 81, § 104.10]

Section History: Recent form

86 Acts, ch 1245, § 526 ~IC87, § 89A.10 ~I88 Acts, ch 1109, §7, 8

Internal References

Referred to in § 89A.7, 89A.11, 89A.18, 602.8102(25)

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