508E.16 Injunctions — civil remedies — cease and desist orders — civil penalty. 1. In addition to the penalties and other enforcement provisions of this chapter, if any person violates this chapter or any rule implementing this chapter, the commissioner mayseek an injunction in a court of competent jurisdiction and may apply for a temporary orpermanent order that the commissioner determines is necessary to restrain the person fromcommitting the violation. 2. A person damaged by the act of a person in violation of this chapter may bring a civil action against the person committing the violation in a court of competent jurisdiction. 3. The commissioner may issue, in accordance with chapter 17A, a cease and desist order upon a person that violates any provision of this chapter, any rule or order adopted by thecommissioner, or any written agreement entered into with the commissioner. 4. When the commissioner finds that an activity in violation of this chapter presents an immediate danger to the health, safety, or welfare of the public requiring immediate agencyaction, the commissioner may proceed under section 17A.18A. 5. vity in violation of this chapter presents an immediate danger to the health, safety, or welfare of the public requiring immediate agencyaction, the commissioner may proceed under section 17A.18A. 5. In addition to the penalties and other enforcement provisions of this chapter, any person who violates this chapter is subject to a civil penalty of up to five thousand dollars for eachviolation of this chapter. The civil penalty shall be deposited as provided in section 505.7.If a person has not been ordered to pay restitution by a court, the commissioner’s ordermay require a person found to be in violation of this chapter to make restitution to a personaggrieved by a violation of this chapter. 6. Except for a fraudulent viatical settlement act committed by a viator, the enforcement provisions and penalties of this section shall not apply to a viator. 2008 Acts, ch 1155, §16; 2009 Acts, ch 181, §70 Sat Dec 23 00:41:32 2023 Iowa Code 2024, Section 508E.16 (20, 0)
Iowa Legal Code