101.25 - VIOLATIONS -- ORDERS.
101.25 VIOLATIONS -- ORDERS.
1. If substantial evidence exists that a person has violated or
is violating a provision of this division or a rule adopted under
this division the state fire marshal may issue an order directing the
person to desist in the practice which constitutes the violation, and
to take corrective action as necessary to ensure that the violation
will cease, and may impose appropriate administrative penalties
pursuant to section 101.26. The person to whom the order is issued
may appeal the order as provided in chapter 17A. On appeal, the
administrative law judge may affirm, modify, or vacate the order of
the state fire marshal.
2. However, if it is determined by the state fire marshal that an
emergency exists respecting any matter affecting or likely to affect
the public health, the fire marshal may issue any order necessary to
terminate the emergency without notice and without hearing. The
order is binding and effective immediately and until the order is
modified or vacated at an administrative hearing or by a district
court.
3. The state fire marshal may request the attorney general to
institute legal proceedings pursuant to section 101.26. Section History: Recent Form
89 Acts, ch 131, §8
Referred to in § 101.26