152C.4 - PRACTICING AS A MASSAGE THERAPIST WITHOUT A LICENSE -- EMPLOYMENT OF PERSON NOT LICENSED -- CIVIL PENALTY.
152C.4 PRACTICING AS A MASSAGE THERAPIST WITHOUT A
LICENSE -- EMPLOYMENT OF PERSON NOT LICENSED -- CIVIL PENALTY.
1. The board, or its authorized agents, may inspect any facility
that advertises or offers the services of massage therapy. The board
may, by order, impose a civil penalty upon a person who practices as
a massage therapist without a license issued under this chapter or a
person or business that employs an individual who is not licensed
under this chapter. The penalty shall not exceed one thousand
dollars for each offense. Each day of a continued violation after an
order or citation by the board constitutes a separate offense, with
the maximum penalty not to exceed ten thousand dollars. In
determining the amount of a civil penalty, the board may consider the
following:
a. Whether the amount imposed will be a substantial economic
deterrent to the violation.
b. The circumstances leading to or resulting in 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 welfare or best interest of the public.
2. Before issuing an order or citation under this section, the
board shall provide 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 as provided
in chapter 17A. The board may, in connection with a proceeding under
this section, 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.
3. A person aggrieved by the imposition of a civil penalty under
this section may seek judicial review in accordance with section
17A.19. The board shall notify the attorney general of the failure
to pay a civil penalty within thirty days after entry of an order
pursuant to subsection 1, or within ten days following final judgment
in favor of the board if an order has been stayed pending appeal.
The attorney general may commence an action to recover the amount of
the penalty, including reasonable attorney fees and costs. An action
to enforce an order under this section may be joined with an action
for an injunction. Section History: Recent Form
92 Acts, ch 1137, § 4; 98 Acts, ch 1053, §34; 2000 Acts, ch 1185,
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