91C.8 - INVESTIGATIONS -- ENFORCEMENT -- ADMINISTRATIVE PENALTIES.
91C.8 INVESTIGATIONS -- ENFORCEMENT -- ADMINISTRATIVE
PENALTIES.
1. The labor commissioner and inspectors of the division of labor
services of the department of workforce development have jurisdiction
for investigation and enforcement in cases where contractors may be
in violation of the requirements of this chapter or rules adopted
pursuant to this chapter.
2. If, upon investigation, the labor commissioner or the
commissioner's authorized representative believes that a contractor
has violated any of the following, the commissioner shall with
reasonable promptness issue a citation to the contractor:
a. The requirement that a contractor be registered.
b. The requirement that the contractor's registration
information be substantially complete and accurate.
c. The requirement that an out-of-state contractor file a
bond with the division of labor services.
3. Each citation shall be in writing and shall describe with
particularity the nature of the violation, including a reference to
the provision of the statute alleged to have been violated.
4. If a citation is issued, the commissioner shall, within seven
days, notify the contractor by service in the same manner as an
original notice or by certified mail of the administrative penalty,
if any, proposed to be assessed and that the contractor has fifteen
working days within which to notify the commissioner that the
contractor wishes to contest the citation or proposed assessment of
penalty.
5. The administrative penalties which may be imposed under this
section shall be not more than five hundred dollars in the case of a
first violation and not more than five thousand dollars for each
violation in the case of a second or subsequent violation. All
administrative penalties collected pursuant to this chapter shall be
deposited in the general fund of the state.
6. If, within fifteen working days from the receipt of the
notice, the contractor fails to notify the commissioner that the
contractor intends to contest the citation or proposed assessment of
penalty, the citation and the assessment, as proposed, shall be
deemed a final order of the employment appeal board and not subject
to review by any court or agency.
7. If the contractor notifies the commissioner that the
contractor intends to contest the citation or proposed assessment of
penalty, the commissioner shall immediately advise the employment
appeal board established by section 10A.601. The employment appeal
board shall review the action of the commissioner and shall
thereafter issue an order, based on findings of fact, affirming,
modifying, or vacating the commissioner's citation or proposed
penalty or directing other appropriate relief, and the order shall
become final sixty days after its issuance.
8. The labor commissioner shall notify the department of revenue
upon final agency action regarding the citation and assessment of
penalty against a registered contractor.
9. Judicial review of any order of the employment appeal board
issued pursuant to this section may be sought in accordance with the
terms of chapter 17A. If no petition for judicial review is filed
within sixty days after service of the order of the employment appeal
board, the appeal board's findings of fact and order shall be
conclusive in connection with any petition for enforcement which is
filed by the commissioner after the expiration of the sixty-day
period. In any such case, the clerk of court, unless otherwise
ordered by the court, shall forthwith enter a decree enforcing the
order and shall transmit a copy of the decree to the employment
appeal board and the contractor named in the petition. Section History: Recent Form
88 Acts, ch 1162, § 9; 89 Acts, ch 254, § 2, 3; 96 Acts, ch 1186,
§ 23; 99 Acts, ch 68, §19; 2000 Acts, ch 1154, §11; 2003 Acts, ch
145, §286
Referred to in § 91C.5