Statutes > Iowa Statutes > Title 3 - Public Services and Regulation > Subtitle 2 - Employment Services > CHAPTER 89A - ELEVATORS > 89A.10 - ENFORCEMENT ORDERS BY COMMISSIONER -- INJUNCTION.

89A.10 - ENFORCEMENT ORDERS BY COMMISSIONER -- INJUNCTION.

        89A.10  ENFORCEMENT ORDERS BY COMMISSIONER --
      INJUNCTION.
         1.  If an inspection report indicates a failure to comply with
      applicable rules, or with the detailed plans and specifications
      approved by the commissioner, the commissioner may, upon giving
      notice, order the owner thereof to make the changes necessary for
      compliance.
         2.  If the owner does not make the changes necessary for
      compliance as required in subsection 1 within the period specified by
      the commissioner, the commissioner, upon notice, may suspend or
      revoke the operating permit, or may refuse to issue the operating
      permit for the conveyance.  The commissioner shall notify the owner
      of any action to suspend, revoke, or refuse to issue an operating
      permit and the reason for the action by service in the same manner as
      an original notice or by certified mail.  An owner may appeal the
      commissioner's initial decision to the safety board.  The decision of
      the safety board shall be considered final agency action pursuant to
      chapter 17A.
         3.  If the commissioner has reason to believe that the continued
      operation of a conveyance constitutes an imminent danger which could
      reasonably be expected to seriously injure or cause death to any
      person, in addition to any other remedies, the commissioner may apply
      to the district court in the county in which such imminently
      dangerous condition exists for a temporary order for the purpose of
      enjoining such imminently dangerous conveyance.  Upon hearing, if
      deemed appropriate by the court, a permanent injunction may be issued
      to insure that such imminently dangerous conveyance be prevented or
      controlled.  Upon the elimination or rectification of such imminently
      dangerous condition, the temporary or permanent injunction shall be
      vacated.
         Section History: Early Form
         [C75, 77, 79, 81, § 104.10]
         Section History: Recent Form
         86 Acts, ch 1245, § 526
         C87, § 89A.10
         88 Acts, ch 1109, §7, 8; 99 Acts, ch 68, §11; 2004 Acts, ch 1107,
      §20, 21, 30; 2007 Acts, ch 16, §9
         Referred to in § 89A.7, 89A.11, 89A.18, 602.8102(25)