103.39 - CIVIL PENALTY.
103.39 CIVIL PENALTY.
1. In addition to any other penalties provided for in this
chapter, the board may by order impose a civil penalty upon a person
who is not licensed under this chapter and who does any of the
following:
a. Is employed in a capacity in which the person engages in
or offers to engage in the activities authorized pursuant to this
chapter.
b. Uses or employs the words "electrical contractor", "class
A master electrician", "class B master electrician", "class A
journeyman electrician", or "class B journeyman electrician", or
implies authorization to provide or offer those services, or
otherwise uses or advertises any title, word, figure, sign, card,
advertisement, or other symbol or description tending to convey the
impression that the person is an "electrical contractor", "class A
master electrician", "class B master electrician", "class A
journeyman electrician", or "class B journeyman electrician".
c. Gives false or forged evidence of any kind to the board or
any member of the board in obtaining or attempting to obtain a
certificate of licensure.
d. Falsely impersonates any individual licensed pursuant to
this chapter.
e. Uses or attempts to use an expired, suspended, revoked, or
nonexistent certificate of licensure.
f. Knowingly aids or abets an unlicensed person who engages
in any activity identified in this subsection.
2. A civil penalty imposed shall not exceed one thousand dollars
for each offense. Each day of a continued violation constitutes a
separate offense, except that offenses resulting from the same or
common facts or circumstances shall be considered a single offense.
3. In determining the amount of a civil penalty to be imposed,
the board may consider any of the following:
a. Whether the amount imposed will be a substantial economic
deterrent to the violation.
b. The circumstances leading to the violation.
c. The severity of the violation and the risk of harm to the
public.
d. The economic benefits gained by the violator as a result
of noncompliance.
e. The interest of the public.
4. Before issuing an order under this section, the board shall
provide the person written notice and the opportunity to request a
hearing on the record. The hearing must be requested within thirty
days of the issuance of the notice and shall be conducted in the same
manner as provided in section 103.36.
5. The board, in connection with a proceeding under this section,
may issue subpoenas to compel the attendance and testimony of
witnesses and the disclosure of evidence, and may request the
attorney general to bring an action to enforce the subpoena.
6. A person aggrieved by the imposition of a civil penalty under
this section may seek judicial review in accordance with section
17A.19.
7. If a person fails to pay a civil penalty within thirty days
after entry of an order under subsection 1, or if the order is stayed
pending an appeal within ten days after the court enters a final
judgment in favor of the board, the board shall notify the attorney
general. The attorney general may commence an action to recover the
amount of the penalty, including reasonable attorney fees and costs.
8. An action to enforce an order under this section may be joined
with an action for an injunction. Section History: Recent Form
2007 Acts, ch 197, §49, 50