508E.16 Injunctions — civil remedies — cease and desist orders — civil penalty.
1. In addition to the penalties and other enforcement provisions of this chapter, if any person violates this chapter or any rule implementing this chapter, the commissioner may seek an injunction in a court of competent jurisdiction and may apply for a temporary or permanent order that the commissioner determines is necessary to restrain the person from committing the violation.
2. A person damaged by the act of a person in violation of this chapter may bring a civil action against the person committing the violation in a court of competent jurisdiction.
3. The commissioner may issue, in accordance with chapter 17A, a cease and desist order upon a person that violates any provision of this chapter, any rule or order adopted by the commissioner, or any written agreement entered into with the commissioner.
4. When the commissioner finds that an activity in violation of this chapter presents an immediate danger to the health, safety, or welfare of the public requiring immediate agency action, the commissioner may proceed under section 17A.18A.
5. In addition to the penalties and other enforcement provisions of this chapter, any person who violates this chapter is subject to a civil penalty of up to five thousand dollars for each violation of this chapter. The civil penalty shall be deposited as provided in section 505.7. If a person has not been ordered to pay restitution by a court, the commissioner’s order may require a person found to be in violation of this chapter to make restitution to a person aggrieved by a violation of this chapter.
6. Except for a fraudulent viatical settlement act committed by a viator, the enforcement provisions and penalties of this section shall not apply to a viator.
2008 Acts, ch 1155, §16; 2009 Acts, ch 181, §70
Structure Iowa Code
Chapter 508E - VIATICAL SETTLEMENT CONTRACTS
Section 508E.1A - Authority of the commissioner.
Section 508E.3 - License requirements.
Section 508E.3A - Immunity from liability.
Section 508E.4 - License revocation and denial.
Section 508E.5 - Approval of viatical settlement contracts and disclosure statements.
Section 508E.6 - Reporting requirements and privacy.
Section 508E.7 - Examination or investigations.
Section 508E.8 - Disclosure to viator.
Section 508E.9 - Disclosure to insurer.
Section 508E.10 - General rules.
Section 508E.11 - Prohibited practices.
Section 508E.12 - Permitted practices.
Section 508E.13 - Prohibited practices and conflicts of interest.
Section 508E.14 - Advertising for viatical settlements.
Section 508E.15 - Fraud prevention and control.
Section 508E.16 - Injunctions — civil remedies — cease and desist orders — civil penalty.
Section 508E.17 - Unfair trade practices.
Section 508E.18 - Criminal penalties.