68B.32D - PENALTIES -- RECOMMENDED ACTIONS.
68B.32D PENALTIES -- RECOMMENDED ACTIONS.
1. The board, after a hearing and upon a finding that a violation
of this chapter, chapter 68A, section 8.7, or rules adopted by the
board has occurred, may do one or more of the following:
a. Issue an order requiring the violator to cease and desist
from the violation found.
b. Issue an order requiring the violator to take any remedial
action deemed appropriate by the board.
c. Issue an order requiring the violator to file any report,
statement, or other information as required by this chapter, chapter
68A, section 8.7, or rules adopted by the board.
d. Publicly reprimand the violator for violations of this
chapter, chapter 68A, section 8.7, or rules adopted by the board in
writing and provide a copy of the reprimand to the violator's
appointing authority.
e. Make a written recommendation to the violator's appointing
authority that the violator be removed or suspended from office, and
include in the recommendation the length of the suspension.
f. If the violation is a violation of this chapter or rules
adopted by the board pursuant to this chapter and the violator is an
elected official of the executive branch of state government, other
than an official who can only be removed by impeachment, make a
written recommendation to the attorney general or the appropriate
county attorney that an action for removal from office be initiated
pursuant to chapter 66.
g. If the violation is a violation of this chapter or rules
adopted by the board pursuant to this chapter and the violator is a
lobbyist of the executive branch of state government, censure,
reprimand, or impose other sanctions deemed appropriate by the board.
A lobbyist may also be suspended from lobbying activities if the
board finds that suspension is an appropriate sanction for the
violation committed.
h. Issue an order requiring the violator to pay a civil
penalty of not more than two thousand dollars for each violation of
this chapter, chapter 68A, section 8.7, or rules adopted by the
board.
i. Refer the complaint and supporting information to the
attorney general or appropriate county attorney with a recommendation
for prosecution or enforcement of criminal penalties.
2. At any stage during an investigation or during the board's
review of routine compliance matters, the board may resolve the
matter by admonishment to the alleged violator or by any other means
not specified in subsection 1 as a posthearing remedy.
3. If a person fails to comply with an action of the board under
subsection 1, the board may petition the Polk county district court
for an order for enforcement of the action of the board. The
enforcement proceeding shall be conducted as provided in section
68B.33. Section History: Recent Form
93 Acts, ch 163, § 18; 2000 Acts, ch 1042, §2; 2006 Acts, ch 1035,
§7, 8
Referred to in § 68A.101, 68A.401, 68A.401A, 68A.506, 68B.32A,
68B.32B, 68B.32C, 331.756(15)