203C.36 - PENALTIES -- INJUNCTION.
203C.36 PENALTIES -- INJUNCTION.
1. A person who knowingly withholds information from or knowingly
submits false information to the department or any of its employees
in a record required to be maintained or submitted to the department
under this chapter commits a fraudulent practice as provided in
chapter 714.
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 warehouse operator without a license
as required in section 203C.6.
(2) Obstructs the inspection of the person's business premises or
records required to be kept by a licensed warehouse operator pursuant
to section 203C.2.
(3) Uses a scale ticket, warehouse receipt, or other document in
violation of this chapter or requirements 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
warehouse operator, 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
injunction in an action brought by the department or the attorney
general upon request by the department. Section History: Early Form
[C24, 27, 31, § 9751; C35, § 9751-g33; C39, § 9751.33; C46,
50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 543.36; 81 Acts, ch
180, § 27] Section History: Recent Form
92 Acts, ch 1239, § 75
C93, § 203C.36
2003 Acts, ch 69, §19