Iowa Admin. Code r. 193C-9.5

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 193C-9.5 - Civil penalties

In addition to other disciplinary options, the board may assess civil penalties of up to $1,000 per violation against licensees who violate any provision of rule 193C-9.3 (10A,17A,272C,542B). Factors the board may consider when determining whether and in what amount to assess civil penalties include:

1. Whether other forms of discipline are being imposed for the same violation.

2. Whether the amount imposed will be a substantial economic deterrent to the violation.

3. The circumstances leading to the violation.

4. The severity of the violation and the risk of harm to the public.

5. The economic benefits gained by the licensee as a result of the violation.

6. The interest of the public.

7. Evidence of reform or remedial action.

8. Time elapsed since the violation occurred.

9. Whether the violation is a repeat offense following a prior cautionary letter, disciplinary order, or other notice of the nature of the infraction.

10. The clarity of the issue involved.

11. Whether the violation was willful and intentional.

12. Whether the licensee acted in bad faith.

13. The extent to which the licensee cooperated with the board.

14. Whether the licensee practiced professional engineering or professional land surveying with a lapsed, inactive, suspended or revoked license.

This rule is intended to implement Iowa Code section 542B.22.

Iowa Admin. Code r. 193C-9.5

Adopted by IAB March 6, 2024/Volume XLVI, Number 18, effective 4/10/2024