If it appears to the administrator that a person has engaged or is about to engage in an act or practice constituting a violation of this chapter or any rule or order adopted or issued pursuant to this chapter, the administrator may do either or both of the following:
1. Issue a summary order directed at the person requiring the person to cease and desist from engaging in such act or practice or to take other affirmative action as in the judgment of the administrator is necessary to comply with the requirements of this chapter.
a. If a hearing is not timely requested, the summary order becomes final by operation of law. The order shall remain effective from the date of issuance until the date the order becomes final by operation of law or is overturned by a presiding officer or court following a request for hearing. A person who has been issued a summary order under this subsection may contest the order by filing a request for a contested case proceeding as provided in chapter 17A and in accordance with rules adopted by the administrator. However, the person shall have at least thirty days from the date that the order is issued in order to file the request. Section 17A.18A is inapplicable to a summary order issued under this subsection.
b. A person violating a summary order issued under this subsection shall be deemed in contempt of that order. The administrator may petition the district court to enforce the order as certified by the administrator. The district court shall adjudge the person in contempt of the order if the court finds after hearing that the person is not in compliance with the order. The court shall assess a civil penalty against the person in an amount not less than three thousand dollars but not greater than ten thousand dollars per violation, and may issue further orders as it deems appropriate.
2. Bring an action in the district court to enjoin the act or practice and to enforce compliance with this chapter or a rule or order adopted or issued pursuant to this chapter. Upon a proper showing, the court may do all of the following:
a. Grant a permanent or temporary injunction, restraining order, asset freeze, accounting, writ of attachment, writ of general or special execution, writ of mandamus, or other equitable or ancillary relief.
b. Appoint a receiver or conservator for the defendant or the defendant's assets.
c. Order the administrator to take charge and control of a party's property, including but not limited to managing rents and profits, collecting debts, and acquiring and disposing of property.
d. Order the rescission, restitution, or disgorgement directed at any person who has engaged in an act constituting a violation of this chapter, or a rule or order adopted or issued pursuant to this chapter.
e. Order the payment of prejudgment and postjudgment interest.
The administrator shall not be required to post a bond.
[C31, 35, § 8581-c17; C39, § 8581.21; C46, 50, 54, 58, 62, 66, 71, 73, 75, § 502.21(5); C77, 79, 81, § 502.604]
91 Acts, ch 40, §33; 96 Acts, ch 1025, § 14; 99 Acts, ch 166, §8; 2000 Acts, ch 1147, §17
Referred to in §502.503, 502.504
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