§ 507b-6

507B.6 Hearings — service of process, attendance of witnesses, and production of documents. 1. Whenever the commissioner believes that any person has been engaged or is engaging in this state in any unfair method of competition or any unfair or deceptive act or practicewhether or not defined in section 507B.4, 507B.4A, or 507B.5 and that a proceeding by thecommissioner in respect to such method of competition or unfair or deceptive act or practicewould be in the public interest, the commissioner shall issue and serve upon such person astatement of the charges in that respect and a notice of a hearing on such charges to be heldat a time and place fixed in the notice, which shall not be less than ten days after the date ofthe service of such notice. 2. At the time and place fixed for such hearing, such person shall have an opportunity to be heard and to show cause why an order should not be made by the commissioner requiringsuch person to cease and desist from the acts, methods or practices so complained of. Upongood cause shown, the commissioner shall permit any person to intervene, appear and beheard at such hearing by counsel or in person. 3.

esist from the acts, methods or practices so complained of. Upongood cause shown, the commissioner shall permit any person to intervene, appear and beheard at such hearing by counsel or in person. 3. Nothing contained in this chapter shall require the observance at any such hearing of formal rules of pleading or evidence. 4. The commissioner, upon such hearing, may administer oaths, examine and cross-examine witnesses, receive oral and documentary evidence, and shall have the powerto subpoena witnesses, compel their attendance, and require the production of books,papers, records, correspondence, or other documents which the commissioner deemsrelevant to the inquiry. The commissioner, upon such hearing, may, and upon the requestof any party shall, cause to be made a stenographic record of all the evidence and all theproceedings had at such hearing. If no stenographic record is made and if a judicial review issought, the commissioner shall prepare a statement of the evidence and proceeding for useon review. In case of a refusal of any person to comply with any subpoena issued hereunderor to testify with respect to any matter concerning which the person may be lawfullyinterrogated,

ding for useon review. In case of a refusal of any person to comply with any subpoena issued hereunderor to testify with respect to any matter concerning which the person may be lawfullyinterrogated, the district court of Polk county or the county where such party resides, onapplication of the commissioner, may issue an order requiring such person to comply withsuch subpoena and to testify; and any failure to obey any such order of the court may bepunished by the court as a contempt thereof. 5. Statements of charges, notices, orders, subpoenas, and other processes of the commissioner under this chapter may be served by anyone authorized by the commissioner,either in the manner provided by law for service of process in civil actions, or by mailinga copy by restricted certified mail to the person affected by the statement, notice, order,subpoena, or other process at the person’s residence or principal office or place of business.The verified return by the person serving the statement, notice, order, subpoena, or otherprocess, setting forth the manner of such service, shall be proof of service, and the returnreceipt for the statement, notice, order, subpoena, or other process, mailed

tice, order, subpoena, or otherprocess, setting forth the manner of such service, shall be proof of service, and the returnreceipt for the statement, notice, order, subpoena, or other process, mailed by restrictedcertified mail, shall be proof of the service. [C58, 62, 66, 71, 73, 75, 77, 79, 81, §507B.6]2001 Acts, ch 69, §9, 39; 2004 Acts, ch 1110, §22Referred to in §507B.3, 507B.7A, 514B.26, 522A.3, 522B.11, 522D.7 Sat Dec 23 00:39:21 2023 Iowa Code 2024, Section 507B.6 (18, 0)