535B.13 - ENFORCEMENT.

        535B.13  ENFORCEMENT.         1.  The administrator has cease and desist powers as follows:         a.  For the purposes of this subsection, "administrator"      means either the superintendent of banking or the official or agency      charged with enforcing this chapter, or parts thereof, against the      person under investigation.         b.  If the administrator has reason to believe that a person      has been or is in violation of this chapter or rules adopted under      this chapter, after notice and hearing, the administrator may order a      person to cease and desist from violating any provision of this      chapter or rules adopted under this chapter.         c.  The administrator, upon such hearing, may administer      oaths, examine and cross-examine witnesses, receive evidence, and      shall have the power to subpoena witnesses, compel their attendance,      and require the production of all records or other documents which      the administrator deems relevant to the inquiry.  In case of a      refusal of a person to comply with a subpoena issued under this      section or to testify with respect to any matter relevant to the      proceeding, on application of the administrator, the district court      of Polk county may issue an order requiring the person to comply with      the subpoena and to testify.  A failure to obey an order of the court      to comply with the subpoena may be punished by the court as a civil      contempt.  A cease and desist hearing need not observe any formal      rules of pleading or evidence.         d.  If after the hearing, the administrator finds that the      person charged has violated this chapter or rules adopted under this      chapter, the administrator shall issue written findings, a copy of      which shall be served upon the person charged with the violations,      along with an order requiring the person to cease and desist from      engaging in the violations.         e.  A person aggrieved by a cease and desist order of the      administrator may obtain judicial review of the order and the      administrator may obtain an order of the Polk county district court      for the enforcement of the cease and desist order.         f.  A proceeding for review must be initiated within thirty      days after the aggrieved person receives the cease and desist order.      If no proceeding is initiated, the administrator may obtain a decree      of the Polk county district court for enforcement of the cease and      desist order.         g.  A person who violates a cease and desist order of the      administrator may, after notice and hearing, and upon further order      of the administrator, be subject to a penalty of not more than five      thousand dollars for each act or violation of the cease and desist      order.         2.  The administrator may request the attorney general to enforce      the provisions of this chapter.  A civil enforcement action by the      attorney general may be filed in equity in either the county in which      the violation occurred or Polk county.  A civil enforcement action by      the attorney general may seek any or all of the following:         a.  Temporary and permanent injunctive relief.         b.  Restitution for a mortgagor aggrieved by a violation of      this chapter.         c.  Costs for the investigation and prosecution of the      enforcement action including attorneys fees.         3.  This chapter does not limit the power of the attorney general      to determine that any other practice is unlawful under the Iowa      consumer fraud Act, section 714.16, and to file an action under that      section.  
         Section History: Recent Form
         88 Acts, ch 1146, §13; 91 Acts, ch 65, §2         Referred to in § 535B.2, 535B.10