156.16 - UNLICENSED PRACTICE -- INJUNCTIONS, CIVIL PENALTIES, CONSENT AGREEMENTS.
156.16 UNLICENSED PRACTICE -- INJUNCTIONS, CIVIL
PENALTIES, CONSENT AGREEMENTS.
1. If the board has reasonable grounds to believe that a person
or establishment which is not licensed under this chapter has
engaged, or is about to engage, in an act or practice which requires
licensure under this chapter, or otherwise violates a provision of
this chapter, the board may issue an order to require the unlicensed
person or establishment to comply with the provisions of this
chapter, and may impose a civil penalty not to exceed one thousand
dollars for each violation of this chapter by an unlicensed person or
establishment. Each day of a continued violation constitutes a
separate offense.
2. The board may conduct an investigation as needed to determine
whether probable cause exists to initiate the proceedings described
in this section. To aid in such an investigation or in connection
with any other proceeding under this section, the board may issue
subpoenas to compel witnesses to testify or persons to produce
evidence consistent with the provisions of section 272C.6, subsection
3.
3. The board, in determining the amount of a civil penalty to be
imposed, 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. The board, before issuing an order under this section, shall
provide the person or establishment written notice and the
opportunity to request a hearing. The hearing must be requested
within thirty days after receipt of the notice and shall be conducted
in the same manner as provided for disciplinary proceedings involving
a licensee under this chapter.
5. The board may request the attorney general to bring an action
to enforce the subpoena.
6. A person or establishment aggrieved by the issuance of an
order or the imposition of a civil penalty under this section may
seek judicial review pursuant to section 17A.19.
7. If a person or establishment fails to pay a civil penalty
within thirty days after entry of an order imposing the civil
penalty, 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 pursuant to section 147.83.
9. The board, in its discretion and in lieu of issuing or
enforcing an order or imposing a civil penalty for an initial
violation under this section, may enter into a consent agreement with
a violator, or with a person who aided or abetted a violator, which
acknowledges the violation and the violator's agreement to refrain
from any further violation. Section History: Recent Form
2004 Acts, ch 1168, §11