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91a-12
91A.12 CIVIL PENALTIES.
1. Any employer who violates the provisions of this chapter or
the rules promulgated under it shall be subject to a civil money
penalty of not more than five hundred dollars per pay period for each
violation. The commissioner may recover such civil money penalty
according to the provisions of subsections 2 to 5. Any civil money
penalty recovered shall be deposited in the general fund of the
state.
2. The commissioner may propose that an employer be assessed a
civil money penalty by serving the employer with notice of such
proposal in the same manner as an original notice is served under the
rules of civil procedure. Upon service of such notice, the proposed
assessment shall be treated as a contested case under chapter 17A.
However, an employer must request a hearing within thirty days of
being served.
3. If an employer does not request a hearing pursuant to
subsection 2 or if the commissioner determines, after an appropriate
hearing, that an employer is in violation of this chapter, the
commissioner shall assess a civil money penalty which is consistent
with the provisions of subsection 1 and which is rendered with due
consideration for the penalty amount in terms of the size of the
employer's business, the gravity of the violation, the good faith of
the employer, and the history of previous violations.
4. An employer may seek judicial review of any assessment
rendered under subsection 3 by instituting proceedings for judicial
review pursuant to chapter 17A. However, such proceedings must be
instituted in the district court of the county in which the violation
or one of the violations occurred and within thirty days of the day
on which the employer was notified that an assessment has been
rendered. Also, an employer may be required, at the discretion of the
district court and upon instituting such proceedings, to deposit the
amount assessed with the clerk of the district court. Any moneys so
deposited shall either be returned to the employer or be forwarded to
the commissioner for deposit in the general fund of the state,
depending on the outcome of the judicial review, including any appeal
to the supreme court.
5. After the time for seeking judicial review has expired or
after all judicial review has been exhausted and the commissioner's
assessment has been upheld, the commissioner shall request the
attorney general to recover the assessed penalties in a civil action.
Section History: Early Form
[C77, 79, 81, § 91A.12] Section History: Recent Form
2009 Acts, ch 49, §1
Referred to in § 91A.6
