Iowa Code 543E.18 – Unlawful practice — complaints and investigations — remedies and penalties
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Terms Used In Iowa Code 543E.18
- 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.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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
- Fraud: Intentional deception resulting in injury to another.
- 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
- Testify: Answer questions in court.
543E.18 Unlawful practice — complaints and investigations — remedies and penalties.
1. If, as the result of a complaint or otherwise, the director believes that a person has
engaged, or is about to engage, in an act or practice that constitutes or will constitute a violation of this chapter, the director may make application to the district court for an order enjoining such act or practice. Upon a showing by the director that such person has engaged, or is about to engage, in any such act or practice, an injunction, restraining order, or other order as may be appropriate shall be granted by the district court.
2. The director may investigate a complaint or initiate a complaint against a person who is not registered under this chapter to determine whether grounds exist to make application to the district court pursuant to subsection 1 or to issue an order pursuant to subsection 3, and in connection with such complaint or investigation may issue subpoenas to compel witnesses to testify or persons to produce evidence consistent with the provisions of § 272C.6, subsection 3, as needed to determine whether probable cause exists to initiate a proceeding under this section or to make application to the district court for an order enjoining a violation of this chapter.
3. In addition to or as an alternative to making application to the district court for an injunction, the director may issue an order to a person who is not registered under this chapter to require compliance with this chapter and may impose a civil penalty against such person for any violation specified in subsection 4 in an amount up to ten thousand dollars for each violation. All civil penalties collected pursuant to this section shall be deposited in the housing trust fund created in § 16.181. An order issued pursuant to this section may prohibit a person from applying for registration under this chapter or certification or registration under chapter 543D.
4. The director may impose a civil penalty against a person who is not registered under this chapter for any of the following:
a. A violation of § 543E.4.
b. A violation of § 543D.18A, subsection 1.
c. Fraud, deceit, or deception, through act or omission, in connection with an application for registration under this chapter.
5. The director, before issuing an order under this section, shall provide the person written notice and the opportunity to request a hearing. The hearing must be requested within thirty days after receipt of the notice and shall be conducted in the same manner as provided for disciplinary proceedings involving a registrant under this chapter.
6. A person aggrieved by the imposition of a civil penalty under this section may seek judicial review pursuant to § 17A.19.
7. If a person fails to pay a civil penalty within thirty days after entry of an order imposing the civil penalty, or if the order is stayed pending an appeal, within ten days after the court enters a final judgment in favor of the director, the director 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.
2016 Acts, ch 1124, §18, 32; 2023 Acts, ch 19, §1691
Section amended
1. If, as the result of a complaint or otherwise, the director believes that a person has
engaged, or is about to engage, in an act or practice that constitutes or will constitute a violation of this chapter, the director may make application to the district court for an order enjoining such act or practice. Upon a showing by the director that such person has engaged, or is about to engage, in any such act or practice, an injunction, restraining order, or other order as may be appropriate shall be granted by the district court.
2. The director may investigate a complaint or initiate a complaint against a person who is not registered under this chapter to determine whether grounds exist to make application to the district court pursuant to subsection 1 or to issue an order pursuant to subsection 3, and in connection with such complaint or investigation may issue subpoenas to compel witnesses to testify or persons to produce evidence consistent with the provisions of § 272C.6, subsection 3, as needed to determine whether probable cause exists to initiate a proceeding under this section or to make application to the district court for an order enjoining a violation of this chapter.
3. In addition to or as an alternative to making application to the district court for an injunction, the director may issue an order to a person who is not registered under this chapter to require compliance with this chapter and may impose a civil penalty against such person for any violation specified in subsection 4 in an amount up to ten thousand dollars for each violation. All civil penalties collected pursuant to this section shall be deposited in the housing trust fund created in § 16.181. An order issued pursuant to this section may prohibit a person from applying for registration under this chapter or certification or registration under chapter 543D.
4. The director may impose a civil penalty against a person who is not registered under this chapter for any of the following:
a. A violation of § 543E.4.
b. A violation of § 543D.18A, subsection 1.
c. Fraud, deceit, or deception, through act or omission, in connection with an application for registration under this chapter.
5. The director, before issuing an order under this section, shall provide the person written notice and the opportunity to request a hearing. The hearing must be requested within thirty days after receipt of the notice and shall be conducted in the same manner as provided for disciplinary proceedings involving a registrant under this chapter.
6. A person aggrieved by the imposition of a civil penalty under this section may seek judicial review pursuant to § 17A.19.
7. If a person fails to pay a civil penalty within thirty days after entry of an order imposing the civil penalty, or if the order is stayed pending an appeal, within ten days after the court enters a final judgment in favor of the director, the director 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.
2016 Acts, ch 1124, §18, 32; 2023 Acts, ch 19, §1691
Section amended