508E.16 - INJUNCTIONS -- CIVIL REMEDIES -- CEASE AND DESIST ORDERS -- CIVIL PENALTY.
508E.16 INJUNCTIONS -- CIVIL REMEDIES -- CEASE AND DESIST ORDERS -- CIVIL PENALTY. 1. In addition to the penalties and other enforcement provisions of this chapter, if any person violates this chapter or any rule implementing this chapter, the commissioner may seek an injunction in a court of competent jurisdiction and may apply for a temporary or permanent order that the commissioner determines is necessary to restrain the person from committing the violation. 2. A person damaged by the act of a person in violation of this chapter may bring a civil action against the person committing the violation in a court of competent jurisdiction. 3. The commissioner may issue, in accordance with chapter 17A, a cease and desist order upon a person that violates any provision of this chapter, any rule or order adopted by the commissioner, or any written agreement entered into with the commissioner. 4. When the commissioner finds that an activity in violation of this chapter presents an immediate danger to the health, safety, or welfare of the public requiring immediate agency action, the commissioner may proceed under section 17A.18A. 5. In addition to the penalties and other enforcement provisions of this chapter, any person who violates this chapter is subject to a civil penalty of up to five thousand dollars for each violation of this chapter. The civil penalty shall be deposited as provided in section 505.7. If a person has not been ordered to pay restitution by a court, the commissioner's order may require a person found to be in violation of this chapter to make restitution to a person aggrieved by a violation of this chapter. 6. Except for a fraudulent viatical settlement act committed by a viator, the enforcement provisions and penalties of this section shall not apply to a viator.
Section History: Recent Form 2008 Acts, ch 1155, §16; 2009 Acts, ch 181, §70
Footnotes For future repeal of 2009 amendment to subsection 5, effective July 1, 2011, see 2009 Acts, ch 179, §146