101.26 Penalties — burden of proof.
1. A person who violates this subchapter or a rule adopted or order issued pursuant to this subchapter is subject to a civil penalty not to exceed one hundred dollars for each day during which the violation continues, up to a maximum of one thousand dollars; however, if the tank is registered within thirty days after the state fire marshal issues a cease and desist order pursuant to section 101.25, subsection 1, the civil penalty under this section shall not accrue. The civil penalty is an alternative to a criminal penalty provided under this subchapter.
2. A person who knowingly fails to notify or makes a false statement, representation, or certification in a record, report, or other document filed or required to be maintained under this subchapter, or violates an order issued under this subchapter, is guilty of an aggravated misdemeanor.
3. The attorney general, at the request of the state fire marshal, shall institute any legal proceedings, including an action for an injunction, necessary to enforce the penalty provisions of this subchapter or to obtain compliance with the provisions of this subchapter or rules adopted or order pursuant to this subchapter. In any action, previous findings of fact of the state fire marshal after notice and hearing are conclusive if supported by substantial evidence in the record when the record is viewed as a whole.
4. In all proceedings with respect to an alleged violation of this subchapter or a rule adopted or order issued by the state fire marshal pursuant to this subchapter, the burden of proof is upon the state fire marshal.
5. If the attorney general has instituted legal proceedings in accordance with this section, all related issues which could otherwise be raised by the alleged violator in a proceeding for judicial review under section 101.27 shall be raised in the legal proceedings instituted in accordance with this section.
89 Acts, ch 131, §9; 2016 Acts, ch 1011, §121; 2017 Acts, ch 29, §37
Referred to in §101.25, 101.27
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.