543E.18 Unlawful practice — complaints and investigations — remedies and penalties. 1. If, as the result of a complaint or otherwise, the director believes that a person has engaged, or is about to engage, in an act or practice that constitutes or will constitute aviolation of this chapter, the director may make application to the district court for an orderenjoining such act or practice. Upon a showing by the director that such person has engaged,or is about to engage, in any such act or practice, an injunction, restraining order, or otherorder as may be appropriate shall be granted by the district court. 2. The director may investigate a complaint or initiate a complaint against a person who is not registered under this chapter to determine whether grounds exist to make application tothe district court pursuant to subsection 1 or to issue an order pursuant to subsection 3, andin connection with such complaint or investigation may issue subpoenas to compel witnessesto testify or persons to produce evidence consistent with the provisions of section 272C.6,subsection 3, as needed to determine whether probable cause exists to initiate a proceedingunder this section or to make r persons to produce evidence consistent with the provisions of section 272C.6,subsection 3, as needed to determine whether probable cause exists to initiate a proceedingunder this section or to make application to the district court for an order enjoining a violationof this chapter. 3. In addition to or as an alternative to making application to the district court for an injunction, the director may issue an order to a person who is not registered under this chapterto require compliance with this chapter and may impose a civil penalty against such personfor any violation specified in subsection 4 in an amount up to ten thousand dollars for eachviolation. All civil penalties collected pursuant to this section shall be deposited in the housingtrust fund created in section 16.181. An order issued pursuant to this section may prohibit aperson from applying for registration under this chapter or certification or registration underchapter 543D. 4. The director may impose a civil penalty against a person who is not registered under this chapter for any of the following: a. A violation of section 543E.4.b. A violation of section 543D.18A, subsection 1.c. tor may impose a civil penalty against a person who is not registered under this chapter for any of the following: a. A violation of section 543E.4.b. A violation of section 543D.18A, subsection 1.c. Fraud, deceit, or deception, through act or omission, in connection with an application for registration under this chapter. 5. The director, before issuing an order under this section, shall provide the person written notice and the opportunity to request a hearing. The hearing must be requested within thirtydays after receipt of the notice and shall be conducted in the same manner as provided fordisciplinary proceedings involving a registrant under this chapter. 6. A person aggrieved by the imposition of a civil penalty under this section may seek judicial review pursuant to section 17A.19. 7. If a person fails to pay a civil penalty within thirty days after entry of an order imposing the civil penalty, or if the order is stayed pending an appeal, within ten days after the courtenters a final judgment in favor of the director, the director shall notify the attorney general.The attorney general may commence an action to recover the amount of the penalty, includingreasonable attorney final judgment in favor of the director, the director shall notify the attorney general.The attorney general may commence an action to recover the amount of the penalty, includingreasonable attorney fees and costs. 8. An action to enforce an order under this section may be joined with an action for an injunction. 2016 Acts, ch 1124, §18, 32; 2023 Acts, ch 19, §1691Section amended Sat Dec 23 01:46:29 2023 Iowa Code 2024, Section 543E.18 (14, 1)
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