68B.32D Penalties — recommended actions.
1. The board, after a hearing and upon a finding that a violation of this chapter, chapter 68A, section 8.7, or rules adopted by the board has occurred, may do one or more of the following:
a. Issue an order requiring the violator to cease and desist from the violation found.
b. Issue an order requiring the violator to take any remedial action deemed appropriate by the board.
c. Issue an order requiring the violator to file any report, statement, or other information as required by this chapter, chapter 68A, section 8.7, or rules adopted by the board.
d. Publicly reprimand the violator for violations of this chapter, chapter 68A, section 8.7, or rules adopted by the board in writing and provide a copy of the reprimand to the violator’s appointing authority.
e. Make a written recommendation to the violator’s appointing authority that the violator be removed or suspended from office, and include in the recommendation the length of the suspension.
f. If the violation is a violation of this chapter or rules adopted by the board pursuant to this chapter and the violator is an elected official of the executive branch of state government, other than an official who can only be removed by impeachment, make a written recommendation to the attorney general or the appropriate county attorney that an action for removal from office be initiated pursuant to chapter 66.
g. If the violation is a violation of this chapter or rules adopted by the board pursuant to this chapter and the violator is a lobbyist of the executive branch of state government, censure, reprimand, or impose other sanctions deemed appropriate by the board. A lobbyist may also be suspended from lobbying activities if the board finds that suspension is an appropriate sanction for the violation committed.
h. Issue an order requiring the violator to pay a civil penalty of not more than two thousand dollars for each violation of this chapter, chapter 68A, section 8.7, or rules adopted by the board.
i. Refer the complaint and supporting information to the attorney general or appropriate county attorney with a recommendation for prosecution or enforcement of criminal penalties.
2. At any stage during an investigation or during the board’s review of routine compliance matters, the board may resolve the matter by admonishment to the alleged violator or by any other means not specified in subsection 1 as a posthearing remedy.
3. If a person fails to comply with an action of the board under subsection 1, the board may petition the Polk county district court for an order for enforcement of the action of the board. The enforcement proceeding shall be conducted as provided in section 68B.33.
93 Acts, ch 163, §18; 2000 Acts, ch 1042, §2; 2006 Acts, ch 1035, §7, 8
Referred to in §68A.101, 68A.401, 68A.401A, 68A.506, 68B.32A, 68B.32B, 68B.32C, 331.756(14)
Structure Iowa Code
Title II - ELECTIONS AND OFFICIAL DUTIES
Chapter 68B - GOVERNMENT ETHICS AND LOBBYING
Section 68B.2A - Prohibited outside employment and activities — conflicts of interest.
Section 68B.2B - Executive branch compensation.
Section 68B.2C - Prohibited outside employment and activities — agents of foreign principals.
Section 68B.3 - When public bids required — disclosure of income from other sales.
Section 68B.4 - Sales or leases by regulatory agency officials and employees.
Section 68B.4A - Sales by legislative employees.
Section 68B.4B - Sales or leases by members of the office of the governor.
Section 68B.5 - Gifts solicited or accepted.
Section 68B.5A - Ban on certain lobbying activities.
Section 68B.6 - Services against state prohibited.
Section 68B.7 - Prohibited use of influence.
Section 68B.8 - Lobbying activities by state agencies.
Section 68B.21 - Legislative intent.
Section 68B.22 - Gifts accepted or received.
Section 68B.23 - Honoraria — banned.
Section 68B.24 - Loans — receipt from lobbyists prohibited.
Section 68B.25 - Additional penalty.
Section 68B.26 - Actions commenced.
Section 68B.31 - Legislative ethics committee.
Section 68B.31A - Investigation by independent special counsel — probable cause.
Section 68B.32 - Independent ethics and campaign disclosure board — established.
Section 68B.32A - Duties of the board.
Section 68B.32B - Complaint procedures.
Section 68B.32C - Contested case proceedings.
Section 68B.32D - Penalties — recommended actions.
Section 68B.33 - Judicial review — enforcement.
Section 68B.34 - Additional penalty.
Section 68B.34A - Actions commenced against local officials or employees.
Section 68B.36 - Applicability — lobbyist registration required.
Section 68B.37 - Lobbyist reporting.