203.11A - CIVIL PENALTIES.
203.11A CIVIL PENALTIES.
1. The department shall establish, by rule, civil penalties which
may be administratively or judicially assessed against a grain dealer
for a violation of this chapter.
2. The amount of a civil penalty shall not exceed one thousand
five hundred dollars. Each day that a violation continues shall
constitute a separate violation. The amount of the civil penalty
that may be assessed in a case shall not exceed the amount
recommended by the grain industry peer review panel established
pursuant to section 203.11B. Moneys collected in civil penalties by
the department or the attorney general shall be deposited in the
general fund of the state.
3. A civil penalty may be administratively assessed only after an
opportunity for a contested case hearing under chapter 17A. The
department may be represented in an administrative hearing or
judicial proceeding by the attorney general. A civil penalty shall
be paid within thirty days from the date that an order or judgment
for the penalty becomes final. When a person against whom a civil
penalty is administratively assessed under this section seeks timely
judicial review of an order imposing the penalty as provided under
chapter 17A, the order is not final until all judicial review
processes are completed. When a person against whom a civil penalty
is judicially assessed under this section seeks a timely appeal of
judgment, the judgment is not final until the right of appeal is
exhausted.
4. A person who fails to timely pay a civil penalty as provided
in this section shall pay, in addition to the penalty, interest at
the rate of one and one-half percent of the unpaid balance of the
assessed penalty for each month or part of a month that the penalty
remains unpaid. Section History: Recent Form
99 Acts, ch 106, §5
Referred to in § 203.11B