State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-2 > Chapter-89 > 89-11

        89.11  INJUNCTION.
         1.  In addition to all other remedies, if any owner, user, or
      person in charge of any equipment covered by this chapter continues
      to use any equipment covered by this chapter, after receiving an
      inspection report identifying defects and exhausting appeal rights as
      provided by this chapter without first correcting the defects or
      making replacements, the commissioner may apply to the district court
      by petition in equity, in an action brought in the name of the state,
      for a writ of injunction to restrain the use of the alleged defective
      equipment.
         2.  If the commissioner believes that the continued operation of
      equipment constitutes an imminent danger that could seriously injure
      or cause death to any person, in addition to all other remedies, the
      commissioner may apply to the district court in the county in which
      the imminently dangerous condition exists for a temporary order to
      enjoin the owner, user, or person in charge from operating the
      equipment before the owner's, user's, or person's rights to
      administrative appeals have been exhausted.  
         Section History: Early Form
         [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 89.10; C79, 81, §
      89.11] 
         Section History: Recent Form
         2004 Acts, ch 1107, §9, 30; 2007 Acts, ch 135, §7; 2009 Acts, ch
      133, §23

State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-2 > Chapter-89 > 89-11

        89.11  INJUNCTION.
         1.  In addition to all other remedies, if any owner, user, or
      person in charge of any equipment covered by this chapter continues
      to use any equipment covered by this chapter, after receiving an
      inspection report identifying defects and exhausting appeal rights as
      provided by this chapter without first correcting the defects or
      making replacements, the commissioner may apply to the district court
      by petition in equity, in an action brought in the name of the state,
      for a writ of injunction to restrain the use of the alleged defective
      equipment.
         2.  If the commissioner believes that the continued operation of
      equipment constitutes an imminent danger that could seriously injure
      or cause death to any person, in addition to all other remedies, the
      commissioner may apply to the district court in the county in which
      the imminently dangerous condition exists for a temporary order to
      enjoin the owner, user, or person in charge from operating the
      equipment before the owner's, user's, or person's rights to
      administrative appeals have been exhausted.  
         Section History: Early Form
         [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 89.10; C79, 81, §
      89.11] 
         Section History: Recent Form
         2004 Acts, ch 1107, §9, 30; 2007 Acts, ch 135, §7; 2009 Acts, ch
      133, §23

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-2 > Chapter-89 > 89-11

        89.11  INJUNCTION.
         1.  In addition to all other remedies, if any owner, user, or
      person in charge of any equipment covered by this chapter continues
      to use any equipment covered by this chapter, after receiving an
      inspection report identifying defects and exhausting appeal rights as
      provided by this chapter without first correcting the defects or
      making replacements, the commissioner may apply to the district court
      by petition in equity, in an action brought in the name of the state,
      for a writ of injunction to restrain the use of the alleged defective
      equipment.
         2.  If the commissioner believes that the continued operation of
      equipment constitutes an imminent danger that could seriously injure
      or cause death to any person, in addition to all other remedies, the
      commissioner may apply to the district court in the county in which
      the imminently dangerous condition exists for a temporary order to
      enjoin the owner, user, or person in charge from operating the
      equipment before the owner's, user's, or person's rights to
      administrative appeals have been exhausted.  
         Section History: Early Form
         [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 89.10; C79, 81, §
      89.11] 
         Section History: Recent Form
         2004 Acts, ch 1107, §9, 30; 2007 Acts, ch 135, §7; 2009 Acts, ch
      133, §23