523A.807 Prosecution for violations of law. 1. A violation of this chapter or rules adopted or orders issued under this chapter is a violation of section 714.16, subsection 2, paragraph 'a'. The remedies and penalties provided by section 714.16, including but not limited to injunctive relief and penalties, applyto violations of this chapter. 2. If the commissioner believes that grounds exist for the criminal prosecution of persons subject to this chapter for violations of this chapter or any other law of this state, thecommissioner may forward to the attorney general or the county attorney the grounds forthe belief, including all evidence in the commissioner’s possession, so that the attorneygeneral or the county attorney may proceed with the matter as deemed appropriate. 3. If the commissioner finds that a person has violated section 523A.201, 523A.202, 523A.203, 523A.204, 523A.207, 523A.401, 523A.402, 523A.403, 523A.404, 523A.405,523A.501, 523A.502, 523A.502A, 523A.505, or 523A.605, or any rule adopted pursuantthereto, the commissioner may order any or all of the following: a. Payment of a civil penalty of not more than one thousand dollars for each violation, but not exceeding or any rule adopted pursuantthereto, the commissioner may order any or all of the following: a. Payment of a civil penalty of not more than one thousand dollars for each violation, but not exceeding an aggregate of ten thousand dollars during any six-month period, exceptthat if the commissioner finds that the person knew or reasonably should have knownthat the person was in violation of such provisions or rules adopted pursuant thereto, thepenalty shall be not more than five thousand dollars for each violation, but not exceedingan aggregate of fifty thousand dollars during any six-month period. The commissionershall assess the penalty on the employer of an individual and not on the individual, ifthe commissioner finds that the violations committed by the individual were directed,encouraged, condoned, ignored, or ratified by the individual’s employer. Any civil penaltiescollected under this subsection shall be deposited as provided in section 505.7. b. Issuance of an order prohibiting the person committing a violation from selling funeral merchandise, cemetery merchandise, funeral services, or a combination thereof, and frommanaging, operating, or otherwise exercising control over the person committing a violation from selling funeral merchandise, cemetery merchandise, funeral services, or a combination thereof, and frommanaging, operating, or otherwise exercising control over any business entity that is subjectto regulation under this chapter or chapter 523I. A person who has been named in such anorder may contest the order by filing a request for a contested case proceeding as provided inchapter 17A and in accordance with rules adopted by the commissioner. The commissionermay, pursuant to chapter 17A, deny any application filed under section 523A.501 or 523A.502if the applicant, or an officer, director, or owner of the applicant, is named in a final orderissued pursuant to this subsection. 4. The commissioner shall post on the internet site of the division of insurance of the department of insurance and financial services a list of all persons licensed under this chapterand an index of orders issued by the commissioner pertaining to such persons. 2001 Acts, ch 118, §47; 2007 Acts, ch 175, §29; 2008 Acts, ch 1123, §52; 2009 Acts, ch 181, §96; 2010 Acts, ch 1121, §28; 2013 Acts, ch 90, §257; 2015 Acts, ch 128, §44, 50, 51; 2016 Acts,ch 1073, §159; 2021 s, ch 118, §47; 2007 Acts, ch 175, §29; 2008 Acts, ch 1123, §52; 2009 Acts, ch 181, §96; 2010 Acts, ch 1121, §28; 2013 Acts, ch 90, §257; 2015 Acts, ch 128, §44, 50, 51; 2016 Acts,ch 1073, §159; 2021 Acts, ch 181, §41; 2022 Acts, ch 1047, §7; 2023 Acts, ch 19, §2738 Referred to in §523A.503Subsection 4 amended Sat Dec 23 01:01:09 2023 Iowa Code 2024, Section 523A.807 (33, 1)
Iowa Legal Code