105.27 - CIVIL PENALTY.
105.27 CIVIL PENALTY.
1. In addition to any other penalties provided for in this
chapter, the board may, by order, impose a civil penalty, not to
exceed five thousand dollars per offense, upon a person violating any
provision of this chapter. 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. 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.
2. A person aggrieved by the imposition of a civil penalty under
this section may seek judicial review in accordance with section
17A.19.
3. 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.
4. 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 198, §27; 2008 Acts, ch 1089, §10, 12; 2009 Acts, ch
151, §26, 34 Footnotes
Section, as amended by 2009 Acts, ch 151, §26, is applicable on
and after July 1, 2009; prior actions taken under section void; 2009
Acts, ch 151, §34