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136c-4
136C.4 PENALTIES.
1. It is unlawful to operate or use radiation machines or
radioactive material in violation of this chapter or of any rule
adopted pursuant to this chapter. Persons convicted of violating a
provision of this chapter are guilty of a serious misdemeanor.
2. In addition to criminal penalties, the department may impose a
civil penalty not to exceed one thousand dollars on a person who
violates a provision of this chapter or a rule or order issued under
this chapter, or a term, condition, or limitation of a license or
registration certificate issued under this chapter, or who commits a
violation for which a license or registration certificate may be
revoked under rules issued pursuant to this chapter. Each day of
continuing violation constitutes a separate offense in computing the
civil penalty.
3. The department shall notify a person of the intent to impose a
civil penalty against the person. The notice shall be by registered
or certified mail to the person's last known address and shall state
the date, facts, the nature of the act or omission leading to the
charge, the specific statute, rule, or license or registration
provision involved, and the amount of the penalty the department
proposes to impose. The notice shall advise the person that upon
failure to pay the civil penalty, the penalty may be collected by
civil action. The person shall have the opportunity to respond in
writing, within a reasonable time as the department shall establish
by rule, why the civil penalty should not be imposed.
4. The department may compromise, mitigate, or remit a civil
penalty imposed under this section. A person upon whom a civil
penalty is imposed may appeal the action pursuant to chapter 17A.
The department shall remit moneys collected from civil penalties to
the treasurer of state who shall deposit the moneys in the general
fund of the state. Section History: Early Form
[C79, 81, § 136C.4] Section History: Recent Form
84 Acts, ch 1286, § 12; 2002 Acts, ch 1108, §10
