523I.202 Investigations and subpoenas.
1. The commissioner may, for the purpose of discovering a violation of this chapter or implementing rules or orders issued under this chapter, do any of the following:
a. Make such public or private investigations within or outside of this state as the commissioner deems necessary to determine whether any person has violated or is about to violate this chapter, or implementing rules or orders issued under this chapter, or to aid in the enforcement of this chapter, or in the prescribing of rules and forms under this chapter.
b. Require or permit any person to file a statement in writing, under oath or otherwise as the commissioner or attorney general determines, as to all the facts and circumstances concerning the matter being investigated.
c. Notwithstanding chapter 22, keep confidential the information obtained in the course of an investigation. However, if the commissioner determines that it is necessary or appropriate in the public interest or for the protection of the public, the commissioner may share information with other administrators, regulatory authorities, or governmental agencies, or may publish information concerning a violation of this chapter, or implementing rules or orders issued under this chapter.
d. Investigate a cemetery and examine the books, accounts, papers, correspondence, memoranda, purchase agreements, files, or other documents or records of the cemetery.
e. Administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, accounts, papers, correspondence, memoranda, purchase agreements, files, or other documents or records which the commissioner deems relevant or material to any investigation or proceeding under this chapter and implement rules, all of which may be enforced under chapter 17A.
f. Apply to the district court for an order requiring a person’s appearance before the commissioner or attorney general, or a designee of either or both, in cases where the person has refused to obey a subpoena issued by the commissioner or attorney general. The person may also be required to produce documentary evidence germane to the subject of the investigation. Failure to obey a court order under this subsection constitutes contempt of court.
2. The commissioner may issue and bring an action in district court to enforce subpoenas within this state at the request of an agency or administrator of another state, if the activity constituting an alleged violation for which the information is sought would be a violation of this chapter had the activity occurred in this state.
2005 Acts, ch 128, §10
Structure Iowa Code
Chapter 523I - IOWA CEMETERY ACT
Section 523I.101 - Short title.
Section 523I.102 - Definitions.
Section 523I.103 - Applicability of chapter.
Section 523I.201 - Administration.
Section 523I.202 - Investigations and subpoenas.
Section 523I.203 - Cease and desist orders — injunctions.
Section 523I.204 - Court action for failure to cooperate.
Section 523I.205 - Prosecution for violations of law — civil penalties.
Section 523I.206 - Cooperation with other agencies.
Section 523I.207 - Rules, forms, and orders.
Section 523I.208 - Date of filing — interpretive opinions.
Section 523I.209 - Misleading filings.
Section 523I.210 - Misrepresentations of government approval.
Section 523I.211 - Fraudulent practices.
Section 523I.212 - Receiverships.
Section 523I.213 - Insurance division’s enforcement fund.
Section 523I.213A - Examinations — authority and scope.
Section 523I.214 - Violations of law — referrals to the Iowa department of public health.
Section 523I.301 - Disclosure requirements — prices and fees.
Section 523I.302 - Installation of outer burial containers.
Section 523I.303 - Access by funeral directors.
Section 523I.304 - Rulemaking and enforcement.
Section 523I.305 - Memorials and memorialization.
Section 523I.306 - Commission or bonus unlawful.
Section 523I.307 - Discrimination prohibited.
Section 523I.308 - Speculation prohibited.
Section 523I.309 - Interment, relocation, or disinterment of remains.
Section 523I.310 - Sale of interment rights.
Section 523I.311 - Records of interment rights and interment.
Section 523I.312 - Disclosure requirements — interment agreements.
Section 523I.313 - New cemeteries and gardens and cemetery registry.
Section 523I.314 - New construction.
Section 523I.314A - Standards for interment spaces.
Section 523I.315 - Unpaid care assessments and unoccupied interment spaces.
Section 523I.316 - Protection of cemeteries and burial sites.
Section 523I.317 - Duty to provide public access.
Section 523I.401 - Neglected cemeteries.
Section 523I.402 - Removal of remains.
Section 523I.501 - Cemetery authorized.
Section 523I.502 - Trust for cemetery.
Section 523I.503 - Authority to receive gifts and deposits for care — certificates.
Section 523I.504 - Appointment of successor trustee.
Section 523I.505 - County auditor as trustee.
Section 523I.506 - Commingling of care funds by governmental subdivisions.
Section 523I.507 - Investment of care funds by governmental subdivisions.
Section 523I.508 - Management by governmental subdivisions.
Section 523I.601 - Settlement of estates — maintenance fund.
Section 523I.602 - Management by trustee.
Section 523I.603 - Owners of interment rights.
Section 523I.604 - Lien against cemetery property.
Section 523I.605 - Private care of graves.
Section 523I.701 - Requirements for lawn crypts.
Section 523I.702 - Request to install lawn crypts in fewer than ten units.
Section 523I.801 - Applicability and conversion by nonperpetual care cemeteries.
Section 523I.802 - Advertising.
Section 523I.803 - Perpetual care registry.
Section 523I.804 - Use of gift for special care.
Section 523I.805 - Initial deposit.
Section 523I.806 - Irrevocable trust.
Section 523I.807 - Care fund deposits.
Section 523I.808 - Annual report — examination fee.
Section 523I.809 - Trust agreement provisions.
Section 523I.810 - Care funds.
Section 523I.811 - Use of distributions from care fund.
Section 523I.811A - Emergency use of care funds.
Section 523I.812 - Suit by commissioner.
Section 523I.813 - Annual report by perpetual care cemeteries.