203.11A Civil penalties.
1. The department shall establish, by rule, civil penalties which may be administratively or judicially assessed against a grain dealer for a violation of this chapter.
2. The amount of a civil penalty shall not exceed one thousand five hundred dollars. Each day that a violation continues shall constitute a separate violation. The amount of the civil penalty that may be assessed in a case shall not exceed the amount recommended by the grain industry peer review panel established pursuant to section 203.11B. Moneys collected in civil penalties by the department or the attorney general shall be deposited in the general fund of the state.
3. A civil penalty may be administratively assessed only after an opportunity for a contested case hearing under chapter 17A. The department may be represented in an administrative hearing or judicial proceeding by the attorney general. A civil penalty shall be paid within thirty days from the date that an order or judgment for the penalty becomes final. When a person against whom a civil penalty is administratively assessed under this section seeks timely judicial review of an order imposing the penalty as provided under chapter 17A, the order is not final until all judicial review processes are completed. When a person against whom a civil penalty is judicially assessed under this section seeks a timely appeal of judgment, the judgment is not final until the right of appeal is exhausted.
4. A person who fails to timely pay a civil penalty as provided in this section shall pay, in addition to the penalty, interest at the rate of one and one-half percent of the unpaid balance of the assessed penalty for each month or part of a month that the penalty remains unpaid.
99 Acts, ch 106, §5
Referred to in §203.11B
Structure Iowa Code
Section 203.2 - Powers and duties of the department.
Section 203.2A - Grain purchasers who are not licensed grain dealers — special notice requirements.
Section 203.3 - License required — financial responsibility.
Section 203.4 - Participation in indemnity fund required.
Section 203.7 - Posting of license.
Section 203.9 - Inspection of premises and records — reconstruction of records.
Section 203.10 - Action affecting a license.
Section 203.11 - Penalties — injunctions.
Section 203.11A - Civil penalties.
Section 203.11B - Grain industry peer review panel.
Section 203.12 - Claims — cessation of a license and notice of license revocation.
Section 203.12A - Lien on grain dealer assets.
Section 203.12B - Appointment of department as receiver.
Section 203.13 - Enforcement officers.
Section 203.14 - No obligation of state.
Section 203.15 - Credit-sale contracts.
Section 203.16 - Confidentiality of records.
Section 203.17 - Documents and records.
Section 203.19 - Cooperative agreements.
Section 203.20 - Shrinkage adjustments — disclosures — penalties.
Section 203.22 - Prioritization of inspections of grain dealers.