214A.11 PENALTIES.
1. Except as provided in subsection 2, a person who violates a
provision of this chapter is guilty of a serious misdemeanor. Each
day that a continuing violation occurs shall be considered a separate
offense.
2. The state may proceed against a person who violates this
chapter by initiating an alternative civil enforcement action in lieu
of a prosecution. The alternative civil enforcement action may be
brought against the person as a contested case proceeding by the
department under chapter 17A or as a civil judicial proceeding by the
attorney general upon referral by the department. The department may
impose, assess, and collect the civil penalty. The civil penalty
shall be for at least one hundred dollars but not more than one
thousand dollars for each violation. Each day that a continuing
violation occurs shall be considered a separate offense.
a. Except as provided in paragraph "b", the state is
precluded from prosecuting a violation pursuant to subsection 1 if
the state is a party in the alternative civil enforcement action, the
department has made a final decision in the contested case
proceeding, or a court has entered a final judgment.
b. If a party to an alternative civil enforcement action
fails to pay the civil penalty to the department within thirty days
after the party has exhausted the party's administrative remedies and
the party has not sought judicial review in accordance with section
17A.19, the department may order that its final decision be vacated.
When the department's final decision is vacated, the state may
initiate a criminal prosecution, but shall be precluded from bringing
an alternative civil enforcement action. If a party to an
alternative civil enforcement action fails to pay the civil penalty
within thirty days after a court has entered a final judgment, the
department may request that the attorney general petition the court
to vacate its final judgment. When the court's judgment has been
vacated, the state may initiate a criminal prosecution, but shall be
precluded from bringing an alternative civil enforcement action.
214A.11 PENALTIES.
1. Except as provided in subsection 2, a person who violates a
provision of this chapter is guilty of a serious misdemeanor. Each
day that a continuing violation occurs shall be considered a separate
offense.
2. The state may proceed against a person who violates this
chapter by initiating an alternative civil enforcement action in lieu
of a prosecution. The alternative civil enforcement action may be
brought against the person as a contested case proceeding by the
department under chapter 17A or as a civil judicial proceeding by the
attorney general upon referral by the department. The department may
impose, assess, and collect the civil penalty. The civil penalty
shall be for at least one hundred dollars but not more than one
thousand dollars for each violation. Each day that a continuing
violation occurs shall be considered a separate offense.
a. Except as provided in paragraph "b", the state is
precluded from prosecuting a violation pursuant to subsection 1 if
the state is a party in the alternative civil enforcement action, the
department has made a final decision in the contested case
proceeding, or a court has entered a final judgment.
b. If a party to an alternative civil enforcement action
fails to pay the civil penalty to the department within thirty days
after the party has exhausted the party's administrative remedies and
the party has not sought judicial review in accordance with section
17A.19, the department may order that its final decision be vacated.
When the department's final decision is vacated, the state may
initiate a criminal prosecution, but shall be precluded from bringing
an alternative civil enforcement action. If a party to an
alternative civil enforcement action fails to pay the civil penalty
within thirty days after a court has entered a final judgment, the
department may request that the attorney general petition the court
to vacate its final judgment. When the court's judgment has been
vacated, the state may initiate a criminal prosecution, but shall be
precluded from bringing an alternative civil enforcement action.
214A.11 PENALTIES.
1. Except as provided in subsection 2, a person who violates a
provision of this chapter is guilty of a serious misdemeanor. Each
day that a continuing violation occurs shall be considered a separate
offense.
2. The state may proceed against a person who violates this
chapter by initiating an alternative civil enforcement action in lieu
of a prosecution. The alternative civil enforcement action may be
brought against the person as a contested case proceeding by the
department under chapter 17A or as a civil judicial proceeding by the
attorney general upon referral by the department. The department may
impose, assess, and collect the civil penalty. The civil penalty
shall be for at least one hundred dollars but not more than one
thousand dollars for each violation. Each day that a continuing
violation occurs shall be considered a separate offense.
a. Except as provided in paragraph "b", the state is
precluded from prosecuting a violation pursuant to subsection 1 if
the state is a party in the alternative civil enforcement action, the
department has made a final decision in the contested case
proceeding, or a court has entered a final judgment.
b. If a party to an alternative civil enforcement action
fails to pay the civil penalty to the department within thirty days
after the party has exhausted the party's administrative remedies and
the party has not sought judicial review in accordance with section
17A.19, the department may order that its final decision be vacated.
When the department's final decision is vacated, the state may
initiate a criminal prosecution, but shall be precluded from bringing
an alternative civil enforcement action. If a party to an
alternative civil enforcement action fails to pay the civil penalty
within thirty days after a court has entered a final judgment, the
department may request that the attorney general petition the court
to vacate its final judgment. When the court's judgment has been
vacated, the state may initiate a criminal prosecution, but shall be
precluded from bringing an alternative civil enforcement action.
