203.11 - PENALTIES -- INJUNCTIONS.
203.11 PENALTIES -- INJUNCTIONS.
1. A person who knowingly submits false information to or
knowingly withholds information from the department or any of its
employees when required to be submitted or maintained under this
chapter, commits a fraudulent practice.
2. a. Except as provided in paragraph "b", a person
commits a serious misdemeanor if the person does any of the
following:
(1) Engages in business as a grain dealer without a license as
required in section 203.3.
(2) Obstructs an inspection of the person's business premises or
records required to be kept by a grain dealer pursuant to section
203.9.
(3) Uses a scale ticket or credit-sale contract in violation of
this chapter or a requirement established by the department under
this chapter.
b. A person who commits an offense specified in paragraph
"a" after having been found guilty of the same offense commits an
aggravated misdemeanor.
3. Except as provided in subsections 1 and 2, a person who
violates any provision of this chapter commits a simple misdemeanor.
With respect to a continuing violation, each day that the violation
continues is a separate offense.
4. A person in violation of this chapter, or in violation of
chapter 714 or 715A, which violation involves the business of a grain
dealer, is subject to prosecution by the county attorney in the
county where the business is located. However, if the county
attorney fails to initiate prosecution within thirty days and upon
request by the department, the attorney general may initiate and
carry out the prosecution in cooperation, if possible, with the
county attorney. The person in violation may be restrained by an
injunction in an action brought by the department or the attorney
general upon request by the department. Section History: Early Form
[C75, 77, 79, 81, § 542.11; 81 Acts, ch 180, § 11] Section History: Recent Form
92 Acts, ch 1239, §61
C93, § 203.11
2003 Acts, ch 69, §7