101.26 - PENALTIES -- BURDEN OF PROOF.
101.26 PENALTIES -- BURDEN OF PROOF.
1. A person who violates this division or a rule or order
adoption issued pursuant to this division is subject to a civil
penalty not to exceed one hundred dollars for each day during which
the violation continues, up to a maximum of one thousand dollars;
however, if the tank is registered within thirty days after the state
fire marshal issues a cease and desist order pursuant to section
101.25, subsection 1, the civil penalty under this section shall not
accrue. The civil penalty is an alternative to a criminal penalty
provided under this division.
2. A person who knowingly fails to notify or makes a false
statement, representation, or certification in a record, report, or
other document filed or required to be maintained under this
division, or violates an order issued under this division, is guilty
of an aggravated misdemeanor.
3. The attorney general, at the request of the state fire
marshal, shall institute any legal proceedings, including an action
for an injunction, necessary to enforce the penalty provisions of
this division or to obtain compliance with the provisions of this
division or rules adopted or order pursuant to this division. In any
action, previous findings of fact of the state fire marshal after
notice and hearing are conclusive if supported by substantial
evidence in the record when the record is viewed as a whole.
4. In all proceedings with respect to an alleged violation of
this division or a rule adopted or order issued by the state fire
marshal pursuant to this division, the burden of proof is upon the
state fire marshal.
5. If the attorney general has instituted legal proceedings in
accordance with this section, all related issues which could
otherwise be raised by the alleged violator in a proceeding for
judicial review under section 101.27 shall be raised in the legal
proceedings instituted in accordance with this section. Section History: Recent Form
89 Acts, ch 131, §9
Referred to in § 101.25, 101.27