Iowa Code 542B.27 – Civil penalty
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Terms Used In Iowa Code 542B.27
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- seal: shall include an impression upon the paper alone, or upon wax, a wafer affixed to the paper, or an official stamp of a notarial officer as provided in chapter 9B. See Iowa Code 4.1
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
542B.27 Civil penalty.
1. In addition to any other penalties provided for in this chapter, the board may by order impose a civil penalty upon a person who is not licensed under this chapter as a professional engineer or a professional land surveyor and who does any of the following:
a. Engages in or offers to engage in the practice of professional engineering or professional land surveying.
b. Uses or employs the words “”professional engineer”” or “”professional land surveyor””, or implies authorization to provide or offer professional engineering or professional land surveying services, or otherwise uses or advertises any title, word, figure, sign, card, advertisement, or other symbol or description tending to convey the impression that the person is a professional engineer or professional land surveyor or is engaged in the practice of professional engineering or professional land surveying.
c. Presents or attempts to use the certificate of licensure or the seal of a professional engineer or professional land surveyor.
d. Gives false or forged evidence of any kind to the board or any member of the board in obtaining or attempting to obtain a certificate of licensure.
e. Falsely impersonates any licensed professional engineer or professional land surveyor.
f. Uses or attempts to use an expired, suspended, revoked, or nonexistent certificate of licensure.
g. Knowingly aids or abets an unlicensed person who engages in any activity identified in this subsection.
2. A civil penalty imposed shall not exceed one thousand dollars for each offense. Each day of a continued violation constitutes a separate offense.
3. In determining the amount of a civil penalty to be imposed, the board may consider any of the following:
a. Whether the amount imposed will be a substantial economic deterrent to the violation.
b. The circumstances leading to the violation.
c. The severity of the violation and the risk of harm to the public.
d. The economic benefits gained by the violator as a result of noncompliance.
e. The interest of the public.
4. Before issuing an order under this section, the board shall provide the person written notice and the opportunity to request a hearing on the record. The hearing must be requested within thirty days of the issuance of the notice and shall be conducted in the same manner as provided in § 542B.22.
5. The board, in connection with a proceeding under this section, may issue subpoenas to compel the attendance and testimony of witnesses and the disclosure of evidence, and may request the attorney general to bring an action to enforce the subpoena.
6. A person aggrieved by the imposition of a civil penalty under this section may seek judicial review in accordance with § 17A.19.
7. If a person fails to pay a civil penalty within thirty days after entry of an order under subsection 1, or if the order is stayed pending an appeal within ten days after the court enters a final judgment in favor of the board, the board shall notify the attorney general. The attorney general may commence an action to recover the amount of the penalty, including reasonable attorney fees and costs.
8. An action to enforce an order under this section may be joined with an action for an injunction.
96 Acts, ch 1055, §2; 96 Acts, ch 1219, §29; 97 Acts, ch 23, §65; 2012 Acts, ch 1009, §23
1. In addition to any other penalties provided for in this chapter, the board may by order impose a civil penalty upon a person who is not licensed under this chapter as a professional engineer or a professional land surveyor and who does any of the following:
a. Engages in or offers to engage in the practice of professional engineering or professional land surveying.
b. Uses or employs the words “”professional engineer”” or “”professional land surveyor””, or implies authorization to provide or offer professional engineering or professional land surveying services, or otherwise uses or advertises any title, word, figure, sign, card, advertisement, or other symbol or description tending to convey the impression that the person is a professional engineer or professional land surveyor or is engaged in the practice of professional engineering or professional land surveying.
c. Presents or attempts to use the certificate of licensure or the seal of a professional engineer or professional land surveyor.
d. Gives false or forged evidence of any kind to the board or any member of the board in obtaining or attempting to obtain a certificate of licensure.
e. Falsely impersonates any licensed professional engineer or professional land surveyor.
f. Uses or attempts to use an expired, suspended, revoked, or nonexistent certificate of licensure.
g. Knowingly aids or abets an unlicensed person who engages in any activity identified in this subsection.
2. A civil penalty imposed shall not exceed one thousand dollars for each offense. Each day of a continued violation constitutes a separate offense.
3. In determining the amount of a civil penalty to be imposed, the board may consider any of the following:
a. Whether the amount imposed will be a substantial economic deterrent to the violation.
b. The circumstances leading to the violation.
c. The severity of the violation and the risk of harm to the public.
d. The economic benefits gained by the violator as a result of noncompliance.
e. The interest of the public.
4. Before issuing an order under this section, the board shall provide the person written notice and the opportunity to request a hearing on the record. The hearing must be requested within thirty days of the issuance of the notice and shall be conducted in the same manner as provided in § 542B.22.
5. The board, in connection with a proceeding under this section, may issue subpoenas to compel the attendance and testimony of witnesses and the disclosure of evidence, and may request the attorney general to bring an action to enforce the subpoena.
6. A person aggrieved by the imposition of a civil penalty under this section may seek judicial review in accordance with § 17A.19.
7. If a person fails to pay a civil penalty within thirty days after entry of an order under subsection 1, or if the order is stayed pending an appeal within ten days after the court enters a final judgment in favor of the board, the board shall notify the attorney general. The attorney general may commence an action to recover the amount of the penalty, including reasonable attorney fees and costs.
8. An action to enforce an order under this section may be joined with an action for an injunction.
96 Acts, ch 1055, §2; 96 Acts, ch 1219, §29; 97 Acts, ch 23, §65; 2012 Acts, ch 1009, §23