192A.20  Order to appear--judicial review.

Whenever the secretary has reason to believe that any person has violated any of the provisions of this chapter or any rules or regulations adopted thereunder, the secretary may enter an order requiring such person to appear before the secretary and show cause why an order should not be entered requiring such person to cease and desist from the violations charged. Such order shall set forth the alleged violations, fix the time and place of the hearing, and provide for notice thereof which shall be given not less than twenty days before the date of such hearing. After hearing by the secretary, or if the person charged with such violation fails to appear at the time of said hearing, if the secretary finds such person to be in violation the secretary shall enter an order requiring such person to cease and desist from the specific acts, practices, or omissions so found to be in violation and from related acts, practices or omissions.

Any order entered by the secretary or other action of the secretary may be judicially reviewed in accordance with the terms of the Iowa administrative procedure Act.

Any person violating any order of the secretary under the first paragraph of this section after the period for seeking judicial review thereof has elapsed without the filing of a petition for such review, or on the termination of any review proceedings shall be subject to a civil penalty to be levied by the district court in a proceeding instituted for that purpose in an amount of not less than five hundred dollars and not more than ten thousand dollars provided that in the case of continuing violations the minimum amount of such penalty shall be either five hundred dollars or twenty-five dollars for each day of violation, whichever is the larger.

Section History: Early form

  [C66, 71, 73, 75, 77, 79, 81, § 192A.20]


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