537.6108 Administrative enforcement orders. 1. For purposes of this section, 'administrator' means either the attorney general or the attorney general’s designee, or the official or agency charged with enforcing this chapteragainst the person under investigation, as provided in section 537.6105, subsection 1. Exceptas provided in subsection 6, after notice and hearing the administrator may order a person tocease and desist from engaging in violations of this chapter. A person aggrieved by an order ofthe administrator may obtain judicial review of the order and the administrator may obtain anorder of the district court for enforcement of the cease and desist order if the person prevailsin the proceeding for review, or as provided in subsection 5. The proceeding for review orenforcement is initiated by filing a petition in the district court. Copies of the petition shallbe served upon all parties of record. 2. Within thirty days after service of the petition for review upon the administrator, or within any further time the court may allow, the administrator shall transmit to the court theoriginal or a certified copy of the entire record upon which the order is based, including inistrator, or within any further time the court may allow, the administrator shall transmit to the court theoriginal or a certified copy of the entire record upon which the order is based, including anytranscript of testimony, which need not be printed. By stipulation of all parties to the reviewproceeding, the record may be shortened. After hearing, the court may reverse or modify theorder if the findings of fact of the administrator are clearly erroneous in view of the reliable,probative and substantial evidence on the whole record, or grant any temporary relief orrestraining order it deems just, and enter an order enforcing, modifying and enforcing asmodified, or setting aside in whole or in part the order of the administrator, or remanding thecase to the administrator for further proceedings. 3. An objection not urged at the hearing shall not be considered by the court unless the failure to urge the objection is excused for good cause shown. A party may move the courtto remand the case to the administrator in the interest of justice for the purpose of adducingadditional specified and material evidence and seeking findings thereon upon good causeshown for the failure to adduce case to the administrator in the interest of justice for the purpose of adducingadditional specified and material evidence and seeking findings thereon upon good causeshown for the failure to adduce this evidence before the administrator. 4. The jurisdiction of the court shall be exclusive and its final judgment or decree shall be subject to review by the supreme court in the same manner and form and with the same effectas in appeals from a final judgment or decree in an equitable proceeding. The administrator’scopy of the testimony shall be available at reasonable times to all parties for examinationwithout cost. 5. A proceeding for review under this section must be initiated within thirty days after a copy of the order of the administrator is received. If no proceeding is so initiated, theadministrator may obtain a decree of the district court for enforcement of the cease anddesist order upon a showing that the order was issued in compliance with this section, thatno proceeding for review was initiated within thirty days after copy of the order was received,and that the person against whom the order was directed is subject to the jurisdiction of thecourt. 6. atno proceeding for review was initiated within thirty days after copy of the order was received,and that the person against whom the order was directed is subject to the jurisdiction of thecourt. 6. With respect to unconscionable agreements or fraudulent or unconscionable conduct by the respondent, the administrator may not issue an order pursuant to this section but maybring a civil action for an injunction under section 537.6111. [C75, 77, 79, 81, §537.6108]Referred to in §537.6103, 537.6105 Sat Dec 23 01:41:08 2023 Iowa Code 2024, Section 537.6108 (18, 0)
Iowa Legal Code