House Amendment 8359


PAG LIN




     1  1    Amend Senate File 417, as amended, passed, and
     1  2 reprinted by the Senate, as follows:
     1  3 #1.  Page 5, by striking lines 23 through 29.
     1  4 #2.  Page 6, by inserting after line 10 the
     1  5 following:
     1  6    <3.  In addition to any other penalties provided
     1  7 for in this chapter, the commissioner may, by order,
     1  8 impose a civil penalty upon a person violating any
     1  9 provision of this chapter.  Each day of a continuing
     1 10 violation constitutes a separate offense, except that
     1 11 offenses resulting from the same or common facts or
     1 12 circumstances shall be considered a single offense.
     1 13 Before issuing an order under this section, the
     1 14 commissioner shall provide the person written notice
     1 15 and the opportunity to request a hearing on the
     1 16 record.  The hearing must be requested within thirty
     1 17 days of the issuance of the notice.
     1 18    a.  A person aggrieved by the imposition of a civil
     1 19 penalty under this section may seek judicial review in
     1 20 accordance with section 17A.19.
     1 21    b.  If a person fails to pay a civil penalty within
     1 22 thirty days after entry of an order under subsection
     1 23 1, or if the order is stayed pending an appeal within
     1 24 ten days after the court enters a final judgment in
     1 25 favor of the commissioner, the commissioner shall
     1 26 notify the attorney general.  The attorney general may
     1 27 commence an action to recover the amount of the
     1 28 penalty, including reasonable attorney fees and costs.
     1 29    c.  An action to enforce an order under this
     1 30 section may be joined with an action for an
     1 31 injunction.>
     1 32 #3.  By renumbering as necessary.
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     1 35                               
     1 36 T. TAYLOR of Linn
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     1 39                               
     1 40 TYMESON of Madison
     1 41 SF 417.702 82
     1 42 jr/nh/21011
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