Section 523A.807 - Prosecution for violations of law1. A violation of this chapter or rules adopted or orders issued under this chapter is a violation of section 714.16, subsection 2, paragraph "a". The remedies and penalties provided by section 714.16, including but not limited to injunctive relief and penalties, apply to violations of this chapter.2. If the commissioner believes that grounds exist for the criminal prosecution of persons subject to this chapter for violations of this chapter or any other law of this state, the commissioner may forward to the attorney general or the county attorney the grounds for the belief, including all evidence in the commissioner's possession, so that the attorney general or the county attorney may proceed with the matter as deemed appropriate.3. If the commissioner finds that a person has violated section 523A.201, 523A.202, 523A.203, 523A.204, 523A.207, 523A.401, 523A.402, 523A.403, 523A.404, 523A.405, 523A.501, 523A.502, 523A.502 A, 523A.505, or 523A.605, or any rule adopted pursuant thereto, the commissioner may order any or all of the following: a. Payment of a civil penalty of not more than one thousand dollars for each violation, not exceeding an aggregate of ten thousand dollars during any six-month period, except if the commissioner finds that the person knew or reasonably should have known that the person was in violation of a section or rules adopted pursuant to a section, the penalty shall be not more than five thousand dollars for each violation, and not exceed an aggregate of fifty thousand dollars during any six-month period. Any civil penalties collected under this subsection shall be deposited as provided in section 505.7.b. Issuance of an order prohibiting the person committing a violation from selling funeral merchandise, cemetery merchandise, funeral services, or a combination thereof, and from managing, operating, or otherwise exercising control over any business entity that is subject to regulation under this chapter or chapter 523I. A person who has been named in such an order may contest the order by filing a request for a contested case proceeding as provided in chapter 17A and in accordance with rules adopted by the commissioner. The commissioner may, pursuant to chapter 17A, deny any application filed under section 523A.501 or 523A.502 if the applicant, or an officer, director, or owner of the applicant, is named in a final order issued pursuant to this subsection.4. The commissioner shall post on the internet site of the division of insurance of the department of insurance and financial services a list of all persons licensed under this chapter and an index of orders issued by the commissioner pertaining to such persons.2001 Acts, ch 118, §47; 2007 Acts, ch 175, §29; 2008 Acts, ch 1123, §52; 2009 Acts, ch 181, §96; 2010 Acts, ch 1121, §28; 2013 Acts, ch 90, § 257; 2015 Acts, ch 128, §44, 50, 51; 2016 Acts, ch 1073, §159; 2021 Acts, ch 181, §41; 2022 Acts, ch 1047, §7; 2023 Acts, ch 19, § 2738
Amended by 2024 Iowa, ch Chapter 1031,s 3, eff. 7/1/2024.Amended by 2023 Iowa, ch 19, s 2738, eff. 7/1/2023.Amended by 2022 Iowa, ch 1047, s 7, eff. 7/1/2022.Amended by 2021 Iowa, ch 181, s 41, eff. 7/1/2021.Amended by 2016 Iowa, ch 1073, s 159, eff. 7/1/2016.Amended by 2015 Iowa, ch 128, s 44, eff. 7/2/2015.2001 Acts, ch 118, §47; 2007 Acts, ch 175, §29; 2008 Acts, ch 1123, §52; 2009 Acts, ch 181, §96; 2010 Acts, ch 1121, §28Referred to in §523A.503
Subsection 4 amended