101.25 Violations — orders.
1. If substantial evidence exists that a person has violated or is violating a provision of this subchapter or a rule adopted under this subchapter the state fire marshal may issue an order directing the person to desist in the practice which constitutes the violation, and to take corrective action as necessary to ensure that the violation will cease, and may impose appropriate administrative penalties pursuant to section 101.26. The person to whom the order is issued may appeal the order as provided in chapter 17A. On appeal, the administrative law judge may affirm, modify, or vacate the order of the state fire marshal.
2. However, if it is determined by the state fire marshal that an emergency exists respecting any matter affecting or likely to affect the public health, the fire marshal may issue any order necessary to terminate the emergency without notice and without hearing. The order is binding and effective immediately and until the order is modified or vacated at an administrative hearing or by a district court.
3. The state fire marshal may request the attorney general to institute legal proceedings pursuant to section 101.26.
89 Acts, ch 131, §8; 2016 Acts, ch 1011, §121
Referred to in §101.26
Structure Iowa Code
Title III - PUBLIC SERVICES AND REGULATION
Chapter 101 - COMBUSTIBLE AND FLAMMABLE LIQUIDS AND LIQUEFIED GASES
Section 101.1 - Rules by fire marshal — definitions.
Section 101.2 - Scope of rules.
Section 101.3 - Separate rules for liquids and gas.
Section 101.4 - Nonconforming use.
Section 101.5A - Shared public petroleum storage facilities.
Section 101.6 - Ordinances by municipalities.
Section 101.8 - Assistance by local officials.
Section 101.9 - Repairs ordered by fire marshal.
Section 101.10 - Assistance of department of natural resources.
Section 101.11 - Use in vehicle — marking — dispensing prohibition — penalty.
Section 101.12 - Aboveground tanks authorized.
Section 101.13 - Liquefied petroleum gas containers.
Section 101.14 - Action for damages — evidence — user conduct.
Section 101.22 - Report of existing and new tanks — registration fee— tag — penalty.
Section 101.23 - State fire marshal reporting rules.
Section 101.24 - Duties and powers of the state fire marshal.
Section 101.25 - Violations — orders.
Section 101.26 - Penalties — burden of proof.
Section 101.27 - Judicial review.
Section 101.28 - Fees for certification inspections of underground storage tanks.