reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523C - RESIDENTIAL AND MOTOR VEHICLE SERVICE CONTRACTS › Section 523C.19 - Cease and desist orders.

523C.19 Cease and desist orders.
1. Upon the commissioner’s determination that a person has engaged, is engaging, or is about to engage in any act or practice constituting a violation of this chapter or any rule adopted pursuant to this chapter, the commissioner may issue an order directing the person to cease and desist from engaging in the act or practice resulting in the violation or to take other affirmative action as in the judgment of the commissioner is necessary to comply with the requirements of this chapter.
2. If a hearing is not timely requested, the summary order becomes final by operation of law. The order shall remain effective from the date of issuance until the date the order becomes final by operation of law or is overturned by a presiding officer or court following a request for hearing. A person who has been issued a summary order under this section may contest it by filing a request for a contested case proceeding as provided in chapter 17A and in accordance with rules adopted by the commissioner. However, the person shall have at least thirty days from the date that the order is issued in order to file the request. Section 17A.18A is inapplicable to a summary order issued under this section.
3. A person violating a summary order issued under this section shall be deemed in contempt of that order. The commissioner may petition the district court to enforce the order as certified by the commissioner. The district court shall adjudge the person in contempt of the order if the court finds after hearing that the person is not in compliance with the order. The court shall assess a civil penalty against the person in an amount not less than three thousand dollars but not greater than ten thousand dollars per violation, and may issue further orders as it deems appropriate.
92 Acts, ch 1078, §9; 2000 Acts, ch 1147, §30; 2000 Acts, ch 1232, §82
Referred to in §523C.23
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523C - RESIDENTIAL AND MOTOR VEHICLE SERVICE CONTRACTS › Section 523C.20 - Consent to service of process.

523C.20 Consent to service of process.
If a person engages in conduct subject to regulation under this chapter, the conduct shall constitute the appointment of the commissioner of insurance as the person’s attorney to receive service of process in a noncriminal proceeding against the person, a successor, or personal representative, which grows out of that conduct, with the same force and validity as if made personally. Service of process made on the commissioner as the attorney for service of process shall be made as provided in section 505.30.
93 Acts, ch 60, §11; 2018 Acts, ch 1018, §16
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523C - RESIDENTIAL AND MOTOR VEHICLE SERVICE CONTRACTS › Section 523C.21 - Service of process.

523C.21 Service of process.
The commissioner shall be the agent for service of process upon a service company. Service of process made on the commissioner as the agent for service of process shall be made as provided in section 505.30.
94 Acts, ch 1031, §19; 2018 Acts, ch 1018, §17
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523C - RESIDENTIAL AND MOTOR VEHICLE SERVICE CONTRACTS › Section 523C.22 - Claim procedures.

523C.22 Claim procedures.
A licensed service company shall promptly provide a written explanation to the service contract holder, describing the reasons for denying a claim or for the offer of a compromise settlement, based on all relevant facts or legal requirements and referring to applicable provisions of the service contract.
94 Acts, ch 1031, §20; 2019 Acts, ch 142, §14, 19
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523C - RESIDENTIAL AND MOTOR VEHICLE SERVICE CONTRACTS › Section 523C.24 - Service company oversight fund.

523C.24 Service company oversight fund.
1. A service company oversight fund is created in the state treasury as a separate fund under the control of the commissioner. The fund shall consist of all moneys deposited in the fund pursuant to subsection 2.
2. The commissioner shall deposit in the service company oversight fund an amount equal to one-third of all licensing, examination, renewal, and inspection fees collected under this chapter, provided that the maximum amount of fees deposited in the fund each fiscal year shall not exceed five hundred thousand dollars. Any remaining fees collected under this chapter and not deposited in the service company oversight fund shall be deposited as provided in section 505.7.
3. Moneys in the service company oversight fund are appropriated to the commissioner for the administration and enforcement of this chapter, and for establishing service contract consumer complaint, education, and outreach programs.
4. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys deposited in the service company oversight fund shall be credited to the fund. Notwithstanding section 8.33, moneys credited to the fund shall not revert at the close of a fiscal year.
2019 Acts, ch 142, §15, 19
Referred to in §523C.3
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523D - RETIREMENT FACILITIES › Section 523D.1 - Definitions.

523D.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Commissioner” means the commissioner of insurance or the deputy appointed under section 502.601.
2. “Continuing care” means housing together with supportive services, nursing services, medical services, or other health related services, furnished to a resident, regardless of whether or not the lodging and services are provided at the same location, with or without other periodic charges, and pursuant to one or more contracts effective for the life of the resident or a period in excess of one year, including mutually cancelable contracts, and in consideration of an entrance fee.
3. “Continuing care retirement community” means a facility which provides continuing care to residents other than residents related by consanguinity or affinity to the person furnishing their care.
4. “Entrance fee” means an initial or deferred transfer to a provider of a sum of money or other property made or promised to be made as full or partial consideration for acceptance of a specified individual in a facility if the amount exceeds either of the following:
a. Five thousand dollars.
b. The sum of the regular periodic charges for six months of residency.
5. “Facility” means the place or places in which a provider undertakes to provide continuing care or senior adult congregate living services to an individual.
6. “Living unit” means a room, apartment, cottage, or other area within a facility set aside for the exclusive use or control of one or more identified residents.
7. “New construction” means construction of a new facility or the expansion of an existing facility if the expansion involves an increase in the number of living units in excess of twenty-five percent.
8. “Provider” means a person undertaking through a lease or other type of agreement to provide care in a continuing care retirement community or senior adult congregate living facility, even if that person does not own the facility.
9. “Resident” means an individual, sixty years of age or older, entitled to receive care in a continuing care retirement community or a senior adult congregate living facility.
10. “Senior adult congregate living facility” means a facility which provides senior adult congregate living services to residents other than residents related by consanguinity or affinity to the person furnishing their care.
11. “Senior adult congregate living services” means housing and one or more supportive services furnished to a resident, with or without other periodic charges, in consideration of an entrance fee.
12. “Supportive services” includes but is not limited to one or any combination of the following services: laundry, maintenance, housekeeping, emergency nursing care, activity services, security, dining options, transportation, beauty and barber services, health care, and personal care, including personal hygiene, eating, bathing, dressing, and supervised medication administration.
89 Acts, ch 217, §1; 91 Acts, ch 205, §11
Referred to in §231C.17
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523D - RETIREMENT FACILITIES › Section 523D.2 - Application of chapter.

523D.2 Application of chapter.
This chapter applies to a provider who executes a contract to provide continuing care or senior adult congregate living services in a facility, or extend the term of an existing contract to provide continuing care or senior adult congregate living services in a facility, if the contract requires or permits the payment of an entrance fee to a person, and any of the following apply:
1. The facility is or will be located in this state.
2. The provider or a person acting on the provider’s behalf solicits the contract within this state for a facility located in this state and the person to be provided with continuing care or senior adult congregate living services under the contract resides within this state at the time of the solicitation.
89 Acts, ch 217, §2; 2004 Acts, ch 1104, §32
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523D - RETIREMENT FACILITIES › Section 523D.2A - Annual certification.

523D.2A Annual certification.
On or before March 1 of each year, a provider shall file a certification with the commissioner in a manner and according to requirements established by the commissioner. The certification shall be accompanied by a one hundred dollar administrative fee which fee shall be deposited as provided in section 505.7. The certification shall attest that according to the best knowledge and belief of the attesting party, the facility administered by the provider is in compliance with the provisions of this chapter, including rules adopted by the commissioner or orders issued by the commissioner as authorized under this chapter. The attesting person may be any of the following:
1. A person serving as the president or chief executive officer of a corporation.
2. A person acting as the general partner of a limited partnership.
3. A person acting as the general partner of a limited liability partnership.
4. A person acting in a fiduciary capacity or as a trustee on behalf of a provider.
5. A person who is a manager of a limited liability company.
2004 Acts, ch 1104, §33; 2009 Acts, ch 181, §100
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523D - RETIREMENT FACILITIES › Section 523D.4 - False information.

523D.4 False information.
1. A provider shall not make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over any radio or television station, or in any other way, an advertisement, announcement, or statement of any sort containing any assertion, representation, or statement which is untrue, deceptive, or misleading.
2. A provider shall not publish, disseminate, circulate, or deliver to any person or place before the public, or cause, directly or indirectly, to be published, disseminated, circulated, or delivered to any person or placed before the public, a financial statement which does not meet generally accepted accounting principles.
89 Acts, ch 217, §4; 2004 Acts, ch 1104, §36
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523D - RETIREMENT FACILITIES › Section 523D.7 - Civil liability.

523D.7 Civil liability.
1. A provider is liable to the person contracting for continuing care or senior adult congregate living services for damages and repayment of all fees paid to the provider, facility, or person violating this chapter, less the reasonable value of care and lodging provided to the resident by or on whose behalf the contract for continuing care or senior adult congregate living services was entered into prior to discovery of the violation, misstatement, or omission, or the time the violation, misstatement, or omission should reasonably have been discovered, together with interest at the legal rate for judgments and court costs and reasonable attorney fees, if the provider does any of the following:
a. Enters into a contract to provide continuing care or senior adult congregate living services at a facility without having first delivered a disclosure statement meeting the requirements of this chapter to the person contracting for continuing care or senior adult congregate living services and to the person’s personal representative if one is appointed by the person.
b. Enters into a contract to provide continuing care or senior adult congregate living services at a facility with a person who has relied on a disclosure statement which contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading.
2. Liability under this section exists regardless of whether or not the provider or person liable had actual knowledge of the misstatement or omission.
3. A person shall not file or maintain an action under this section if the person, before filing the action, received an offer to refund, payable upon acceptance, all amounts paid the provider, facility, or person violating this chapter, together with interest from the date of payment, less the reasonable value of care and lodging provided prior to receipt of the offer, and the person failed to accept the offer within thirty days of its receipt. At the time a provider makes a written offer of refund, the provider shall file a copy with the division of insurance. The refund offer shall refer to the provisions of this section.
4. An action shall not be maintained to enforce a liability created under this chapter unless brought before the expiration of six years after the execution of the contract for continuing care or senior adult congregate living services which gave rise to the violation.
5. Except as expressly provided in this chapter, civil liability in favor of a private party shall not arise against a person, by implication, from or as a result of the violation of this chapter. This chapter does not limit a liability which may exist by virtue of any other statute or under common law if this chapter were not in effect.
89 Acts, ch 217, §7
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523D - RETIREMENT FACILITIES › Section 523D.8 - Criminal penalties.

523D.8 Criminal penalties.
1. A person who violates a provision of this chapter or a rule adopted or order entered pursuant to this chapter commits a fraudulent practice as provided in chapter 714.
2. This chapter does not limit the power of the state to punish any person for any conduct which constitutes a crime under any other statute.
89 Acts, ch 217, §8; 2004 Acts, ch 1104, §45
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523D - RETIREMENT FACILITIES › Section 523D.10 - Rules.

523D.10 Rules.
The division of insurance may adopt rules pursuant to chapter 17A as necessary and appropriate to implement this chapter, and may make further recommendations to the general assembly for the protection of residents and prospective residents of facilities under this chapter.
89 Acts, ch 217, §10; 2004 Acts, ch 1104, §46
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523D - RETIREMENT FACILITIES › Section 523D.12 - Investigations.

523D.12 Investigations.
The commissioner may, for the purpose of discovering or investigating violations of this chapter or rules adopted pursuant to this chapter do any or all of the following:
1. Investigate the business and examine the books, accounts, records, and files used by a provider. With the exception of an examination involving new construction, an examination involving a complaint by a resident or a prospective resident or where good cause exists for the lack of prior notice, as determined by the commissioner, the division of insurance shall provide at least seven days’ prior notice to the facility before conducting an on-site examination.
2. Administer oaths and affirmations, subpoena witnesses, receive evidence, and require the production of documents and records in connection with an investigation or proceeding being conducted pursuant to this chapter.
3. Apply to the district court for issuance of an order requiring a person’s appearance before the commissioner. The person may also be required to produce documentary evidence germane to the subject of the investigation. Failure to obey a court order under this section constitutes contempt of court.
91 Acts, ch 205, §16; 2004 Acts, ch 1104, §47 – 49
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523D - RETIREMENT FACILITIES › Section 523D.13 - Compliance — summary orders.

523D.13 Compliance — summary orders.
1. Upon the commissioner’s determination that a provider has engaged, is engaging, or is about to engage in any act or practice constituting a violation of this chapter or a rule adopted pursuant to this chapter, the commissioner may issue a summary order directing the provider to cease and desist from engaging in the act or practice resulting in the violation or to take other affirmative action as in the judgment of the commissioner is necessary to comply with the requirements of this chapter.
2. If a hearing is not timely requested, the summary order becomes final by operation of law. The order shall remain effective from the date of issuance until the date the order becomes final by operation of law or is overturned by a presiding officer or court following a request for hearing. A person who has been issued a summary order under this section may contest it by filing a request for a contested case proceeding as provided in chapter 17A and in accordance with rules adopted by the commissioner. However, the person shall have at least thirty days from the date that the order is issued in order to file the request. Section 17A.18A is inapplicable to a summary order issued under this section.
3. A person violating a summary order issued under this section shall be deemed in contempt of that order. The commissioner may petition the district court to enforce the order as certified by the commissioner. The district court shall adjudge the person in contempt of the order if the court finds after hearing that the person is not in compliance with the order. The court shall assess a civil penalty against the person in an amount not less than three thousand dollars but not greater than ten thousand dollars per violation, and may issue further orders as it deems appropriate.
91 Acts, ch 205, §17; 2000 Acts, ch 1147, §32
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523D - RETIREMENT FACILITIES › Section 523D.14 - Injunctions.

523D.14 Injunctions.
The commissioner may petition the district court in any county of the state for an injunction to restrain a person subject to this chapter and any agents, employees, or associates of the person from engaging in conduct or practices in violation of this chapter or rules adopted pursuant to this chapter. In a proceeding for an injunction, the commissioner may apply to the court for the issuance of a subpoena to require the appearance of a defendant and the defendant’s agents and any documents, books, or records germane to the hearing upon the petition for an injunction. Upon proof of any of the violations described in the petition for injunction, the court may grant the injunction.
91 Acts, ch 205, §18; 2004 Acts, ch 1104, §50
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523G - INVENTION DEVELOPMENT SERVICES › Section 523G.2 - Purpose of the chapter.

523G.2 Purpose of the chapter.
The general assembly declares that the purpose of this chapter is to safeguard the public against fraud, deceit, imposition, and financial hardship, and to foster and encourage competition, fair dealing, and prosperity in the field of invention development services by prohibiting or restricting deceptive practices, misleading advertising, onerous contract terms, harmful financial practices, and other unfair, dishonest, deceptive, destructive, unscrupulous, fraudulent, or discriminatory practices which threaten the public welfare.
92 Acts, ch 1114, §3
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523G - INVENTION DEVELOPMENT SERVICES › Section 523G.6 - Evidence of financial responsibility.

523G.6 Evidence of financial responsibility.
1. An invention developer shall maintain as security evidence of financial responsibility as approved by the commissioner. The security shall be either a bond or cash deposit in an amount which is equal to the greater of either ten percent of the invention developer’s gross income from the invention development business in this state during the invention developer’s preceding fiscal year, or twenty-five thousand dollars. The commissioner shall approve the security before the invention developer renders or offers to render invention development services in this state. The invention developer shall have ninety days beginning on the first day of the invention developer’s new fiscal year to change the security as necessary to conform to the requirements of this subsection.
2. A surety who issues a bond must be approved by the commissioner. A copy of the bond shall be filed in a manner and according to procedures approved by the commissioner. A cash deposit shall be filed with the treasurer of state in a manner and according to procedures approved by the treasurer of state in consultation with the commissioner. The treasurer of state shall not refund a deposit until sixty days following either the date that the invention developer has ceased doing business in the state or a bond has been filed with the commissioner in compliance with this section.
3. a. The security shall be in favor of the state for the benefit of any person entering into a contract with and damaged by an invention developer, if the damages are caused by one of the following:
(1) A failure by the invention developer to perform the terms of the contract.
(2) The insolvency of the invention developer or the cessation of the invention developer’s business.
(3) The intentional violation of a provision of this chapter by the invention developer.
b. A person claiming against the security may maintain an action at law against the invention developer. An action against a bond may also include the surety. The aggregate liability of the surety to all persons for all breaches of conditions of the bond shall not exceed the amount of the bond.
92 Acts, ch 1114, §7, 13; 2012 Acts, ch 1023, §157
Implementation contingent upon appropriation;
92 Acts, ch 1114, §13
;
94 Acts, ch 1031, §21
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523G - INVENTION DEVELOPMENT SERVICES › Section 523G.7 - Negotiable instruments.

523G.7 Negotiable instruments.
An invention developer shall not take a negotiable instrument from a customer as part of a contract, unless the negotiable instrument is a check constituting evidence of the customer’s obligation. A person in possession of a negotiable instrument is not a holder in due course as defined in section 554.3302, if the person takes a negotiable instrument from a customer in violation of this section.
92 Acts, ch 1114, §8
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523G - INVENTION DEVELOPMENT SERVICES › Section 523G.9 - Compliance with other laws, violations and penalties.

523G.9 Compliance with other laws, violations and penalties.
1. The provisions of this chapter are not exclusive and do not relieve persons or a contract from compliance with other applicable law.
2. A contract which fails to comply with the applicable provisions of this chapter is unenforceable against the customer as contrary to public policy, unless the invention developer proves all of the following:
a. The noncompliance resulted from an error.
b. The invention developer followed reasonable procedures adopted to avoid such errors.
c. The invention developer promptly made an appropriate correction upon discovery of the noncompliance.
3. A contract executed by an invention developer is unenforceable against the customer, if the invention developer used deceptive practices, with an intent to cause reliance, regardless of whether the customer was actually misled, deceived, or damaged.
4. A provision of a contract which waives a provision of this chapter is contrary to public policy and is void and unenforceable.
5. A person may bring a civil action against an invention developer that uses a deceptive practice. The person may be awarded damages together with costs and disbursements, including reasonable attorney fees. The court in its discretion may increase the award of damages to an amount not to exceed three times the damages or two thousand five hundred dollars, whichever is greater.
6. Failure to make an initial disclosure required by section 523G.4 shall render any contract subsequently entered into between the customer and the invention developer voidable by the customer.
7. A violation of this chapter or a rule adopted by the commissioner pursuant to this chapter is a violation of section 714.16. The remedies and penalties provided by section 714.16, including but not limited to provisions relating to injunctive relief and penalties, apply to violations of this chapter.
92 Acts, ch 1114, §10
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523H - FRANCHISES › Section 523H.2 - Applicability.

523H.2 Applicability.
This chapter applies to a new or existing franchise that is operated in the state of Iowa. For purposes of this chapter, the franchise is operated in this state only if the premises from which the franchise is operated is physically located in this state. For purposes of this chapter, a franchise including marketing rights in or to this state, is deemed to be operated in this state only if the franchisee’s principal business office is physically located in this state. This chapter does not apply to a franchise solely because an agreement relating to the franchise provides that the agreement is subject to or governed by the laws of this state. The provisions of this chapter do not apply to any existing or future contracts between Iowa franchisors and franchisees who operate franchises located out of state.
92 Acts, ch 1134, §2; 95 Acts, ch 117, §1
Referred to in §523H.2A, 537A.10
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523H - FRANCHISES › Section 523H.2A - Applicability — limitation.

523H.2A Applicability — limitation.
1. Notwithstanding section 523H.2, this chapter does not apply to a franchise agreement which is entered into on or after July 1, 2000. A franchise agreement which is entered into on or after July 1, 2000, shall be subject to section 537A.10.
2. This chapter shall govern all actions with respect to a franchise agreement entered into prior to July 1, 2000, no matter when the occurrence giving rise to such action occurs.
2000 Acts, ch 1093, §2
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523H - FRANCHISES › Section 523H.3 - Jurisdiction and nonjudicial resolution of disputes.

523H.3 Jurisdiction and nonjudicial resolution of disputes.
1. A provision in a franchise agreement restricting jurisdiction to a forum outside this state is void with respect to a claim otherwise enforceable under this chapter.
2. A civil action or proceeding arising out of a franchise may be commenced wherever jurisdiction over the parties or subject matter exists, even if the agreement limits actions or proceedings to a designated jurisdiction.
3. Parties to a franchise may agree to independent arbitration, mediation, or other nonjudicial resolution of an existing or future dispute.
4. Venue for a civil action commenced under this chapter shall be determined in accordance with chapter 616.
92 Acts, ch 1134, §3
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523H - FRANCHISES › Section 523H.4 - Waivers void.

523H.4 Waivers void.
A condition, stipulation, or provision requiring a franchisee to waive compliance with or relieving a person of a duty or liability imposed by or a right provided by this chapter or a rule or order under this chapter is void. This section shall not affect the settlement of disputes, claims, or civil lawsuits arising or brought pursuant to this chapter.
92 Acts, ch 1134, §4
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523H - FRANCHISES › Section 523H.8 - Nonrenewal of a franchise.

523H.8 Nonrenewal of a franchise.
1. A franchisor shall not refuse to renew a franchise unless both of the following apply:
a. The franchisee has been notified of the franchisor’s intent not to renew at least six months prior to the expiration date or any extension of the franchise agreement.
b. Any of the following circumstances exist:
(1) Good cause exists, provided that the refusal of the franchisor to renew is not arbitrary or capricious. For purposes of this section, “good cause” means cause based on a legitimate business reason.
(2) The franchisor and franchisee agree not to renew the franchise.
(3) The franchisor completely withdraws from directly or indirectly distributing its products or services in the geographic market served by the franchisee, provided that upon expiration of the franchise, the franchisor agrees not to seek to enforce any covenant of the nonrenewed franchisee not to compete with the franchisor or franchisees of the franchisor.
2. As a condition of renewal of the franchise, a franchise agreement may require that the franchisee meet the then current requirements for franchises and that the franchisee execute a new agreement incorporating the then current terms and fees for new franchises.
92 Acts, ch 1134, §8; 95 Acts, ch 117, §5
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523H - FRANCHISES › Section 523H.9 - Franchisee’s right to associate.

523H.9 Franchisee’s right to associate.
A franchisor shall not restrict a franchisee from associating with other franchisees or from participating in a trade association, and shall not retaliate against a franchisee for engaging in these activities.
92 Acts, ch 1134, §9
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523H - FRANCHISES › Section 523H.10 - Duty of good faith.

523H.10 Duty of good faith.
A franchise imposes on the parties a duty of good faith in performance and enforcement of the franchise agreement. “Good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.
92 Acts, ch 1134, §10
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523H - FRANCHISES › Section 523H.11 - Repurchase of assets.

523H.11 Repurchase of assets.
A franchisor shall not prohibit a franchisee from, or enforce a prohibition against a franchisee, engaging in any lawful business at any location after a termination or refusal to renew by a franchisor, unless it is one which relies on a substantially similar marketing program as the terminated or nonrenewed franchise or unless the franchisor offers in writing no later than ten business days before expiration of the franchise to purchase the assets of the franchised business for its fair market value as a going concern. The value of the assets shall not include the goodwill of the business attributable to the trademark licensed to the franchisee in the franchise agreement. The offer may be conditioned upon the ascertainment of a fair market value by an impartial appraiser. This section does not apply to assets of the franchised business which the franchisee did not purchase from the franchisor, or the agent of the franchisor.
92 Acts, ch 1134, §11; 95 Acts, ch 117, §6
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523H - FRANCHISES › Section 523H.12 - Independent sourcing.

523H.12 Independent sourcing.
1. Except as provided in subsection 2, a franchisor shall allow a franchisee to obtain equipment, fixtures, supplies, and services used in the establishment and operation of the franchised business from sources of the franchisee’s choosing, provided that such goods and services meet standards as to their nature and quality promulgated by the franchisor.
2. Subsection 1 of this section does not apply to reasonable quantities of inventory goods or services, including display and sample items, that the franchisor requires the franchisee to obtain from the franchisor or its affiliate, but only if the goods or services are central to the franchised business and either are actually manufactured or produced by the franchisor or its affiliate, or incorporate a trade secret owned by the franchisor or its affiliate.
92 Acts, ch 1134, §12
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523H - FRANCHISES › Section 523H.13 - Private civil action.

523H.13 Private civil action.
A person who violates a provision of this chapter or order issued under this chapter is liable for damages caused by the violation, including, but not limited to, costs and reasonable attorneys’ and experts’ fees, and subject to other appropriate relief including injunctive and other equitable relief.
92 Acts, ch 1134, §13
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523H - FRANCHISES › Section 523H.17 - Severability.

523H.17 Severability.
If any provision or clause of this chapter or any application of this chapter to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
92 Acts, ch 1134, §17
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523I - IOWA CEMETERY ACT › Section 523I.103 - Applicability of chapter.

523I.103 Applicability of chapter.
1. This chapter applies to all of the following:
a. All cemeteries, except religious cemeteries that commenced business prior to July 1, 2005, and veterans cemeteries.
b. All persons advertising or offering memorials, memorialization, opening and closing services, scattering services at a cemetery, interment rights, or a combination thereof for sale.
c. Interments made in areas not dedicated as a cemetery, by a person other than the state archaeologist.
2. This chapter applies when a purchase agreement is executed within this state or an advertisement, promotion, or offer to furnish memorials, memorialization, opening and closing services, scattering services, interment rights, or a combination thereof is made or accepted within this state. An offer to furnish memorials, memorialization, opening and closing services, scattering services, interment rights, or a combination thereof is made within this state, whether or not either party is then present in this state, when the offer originates from this state or is directed by the offeror to this state and received by the offeree in this state through the mail, over the telephone, by the internet, or through any other means of commerce.
3. If a foreign person does not have a registered agent or agents in the state of Iowa, doing business within this state shall constitute the person’s appointment of the secretary of state of the state of Iowa to be the person’s true and lawful attorney upon whom may be served all lawful process of original notice in actions or proceedings arising or growing out of any contract or tort.
2005 Acts, ch 128, §8; 2006 Acts, ch 1010, §147; 2006 Acts, ch 1117, §119
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523I - IOWA CEMETERY ACT › Section 523I.201 - Administration.

523I.201 Administration.
1. This chapter shall be administered by the commissioner. The commissioner may employ officers, attorneys, accountants, and other employees as needed for administering this chapter.
2. It is unlawful for the commissioner or any administrative staff to use for personal benefit any information which is filed with or obtained by the commissioner and which is not made public. This chapter does not authorize the commissioner or any staff member to disclose any such information except among themselves or to other cemetery and funeral administrators, regulatory authorities, or governmental agencies, or when necessary and appropriate in a proceeding or investigation under this chapter or as required by chapter 22. This chapter neither creates nor derogates any privileges that exist at common law or otherwise when documentary or other evidence is sought under a subpoena directed to the commissioner or any administrative staff.
3. The commissioner shall submit an annual report to the general assembly’s standing committees on government oversight by October 1 of each year reporting on the administration of this chapter. The report shall set forth any recommendations for changes in the law that the commissioner deems necessary or desirable to prevent abuses or evasions of this chapter or rules implementing this chapter or to rectify undesirable conditions in connection with the administration of this chapter or rules implementing this chapter.
2005 Acts, ch 128, §9; 2006 Acts, ch 1030, §64; 2006 Acts, ch 1117, §120; 2007 Acts, ch 175, §36, 37; 2008 Acts, ch 1123, §55; 2009 Acts, ch 86, §6
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523I - IOWA CEMETERY ACT › Section 523I.202 - Investigations and subpoenas.

523I.202 Investigations and subpoenas.
1. The commissioner may, for the purpose of discovering a violation of this chapter or implementing rules or orders issued under this chapter, do any of the following:
a. Make such public or private investigations within or outside of this state as the commissioner deems necessary to determine whether any person has violated or is about to violate this chapter, or implementing rules or orders issued under this chapter, or to aid in the enforcement of this chapter, or in the prescribing of rules and forms under this chapter.
b. Require or permit any person to file a statement in writing, under oath or otherwise as the commissioner or attorney general determines, as to all the facts and circumstances concerning the matter being investigated.
c. Notwithstanding chapter 22, keep confidential the information obtained in the course of an investigation. However, if the commissioner determines that it is necessary or appropriate in the public interest or for the protection of the public, the commissioner may share information with other administrators, regulatory authorities, or governmental agencies, or may publish information concerning a violation of this chapter, or implementing rules or orders issued under this chapter.
d. Investigate a cemetery and examine the books, accounts, papers, correspondence, memoranda, purchase agreements, files, or other documents or records of the cemetery.
e. Administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, accounts, papers, correspondence, memoranda, purchase agreements, files, or other documents or records which the commissioner deems relevant or material to any investigation or proceeding under this chapter and implement rules, all of which may be enforced under chapter 17A.
f. Apply to the district court for an order requiring a person’s appearance before the commissioner or attorney general, or a designee of either or both, in cases where the person has refused to obey a subpoena issued by the commissioner or attorney general. The person may also be required to produce documentary evidence germane to the subject of the investigation. Failure to obey a court order under this subsection constitutes contempt of court.
2. The commissioner may issue and bring an action in district court to enforce subpoenas within this state at the request of an agency or administrator of another state, if the activity constituting an alleged violation for which the information is sought would be a violation of this chapter had the activity occurred in this state.
2005 Acts, ch 128, §10
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523I - IOWA CEMETERY ACT › Section 523I.203 - Cease and desist orders — injunctions.

523I.203 Cease and desist orders — injunctions.
If it appears to the commissioner that a person has engaged or is about to engage in an act or practice constituting a violation of this chapter, or implementing rules or orders issued under this chapter, the commissioner or the attorney general may do any of the following:
1. Issue a summary order directed to the person that requires the person to cease and desist from engaging in such an act or practice. A person may request a hearing within thirty days of issuance of the summary order. If a hearing is not timely requested, the summary order shall become final by operation of law. The order shall remain effective from the date of issuance until the date the order becomes final by operation of law or is overturned by a presiding officer following a request for hearing. Section 17A.18A is inapplicable to summary cease and desist orders issued under this section.
2. Bring an action in the district court in any county of the state for an injunction to restrain a person subject to this chapter and any agents, employees, or associates of the person from engaging in conduct or practices deemed contrary to the public interest. In any proceeding for an injunction, the commissioner or attorney general may apply to the court for a subpoena to require the appearance of a defendant and the defendant’s agents, employees, or associates and for the production of any books, accounts, papers, correspondence, memoranda, purchase agreements, files, or other documents or records germane to the hearing upon the petition for an injunction. Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted and a receiver may be appointed for the defendant or the defendant’s assets. The commissioner or attorney general shall not be required to post a bond.
2005 Acts, ch 128, §11
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523I - IOWA CEMETERY ACT › Section 523I.204 - Court action for failure to cooperate.

523I.204 Court action for failure to cooperate.
1. If a person fails or refuses to file a statement or report or to produce any books, accounts, papers, correspondence, memoranda, purchase agreements, files, or other documents or records, or to obey a subpoena issued by the commissioner, the commissioner may refer the matter to the attorney general, who may apply to a district court to enforce compliance. The court may order any or all of the following:
a. Injunctive relief restricting or prohibiting the offer or sale of memorials, memorialization, opening and closing services, scattering services, interment rights, or a combination thereof.
b. Production of documents or records including but not limited to books, accounts, papers, correspondence, memoranda, purchase agreements, files, or other documents or records.
c. Such other relief as may be required.
2. A court order issued pursuant to subsection 1 is effective until the person files the statement or report or produces the documents requested, or obeys the subpoena.
2005 Acts, ch 128, §12
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523I - IOWA CEMETERY ACT › Section 523I.205 - Prosecution for violations of law — civil penalties.

523I.205 Prosecution for violations of law — civil penalties.
1. 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. At the request of the attorney general, the county attorney shall appear and prosecute the action when brought in the county attorney’s county.
3. A person who violates a provision of this chapter or rules adopted or orders issued under this chapter may be subject to civil penalties in addition to criminal penalties. The commissioner may impose, assess, and collect a civil penalty not exceeding ten thousand dollars for each violation. For the purposes of computing the amount of each civil penalty, each day of a continuing violation constitutes a separate violation. All civil penalties collected pursuant to this section shall be deposited as provided in section 505.7.
2005 Acts, ch 128, §13; 2009 Acts, ch 181, §101
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523I - IOWA CEMETERY ACT › Section 523I.206 - Cooperation with other agencies.

523I.206 Cooperation with other agencies.
1. The commissioner may cooperate with any governmental law enforcement or regulatory agency to encourage uniform interpretation and administration of this chapter and effective enforcement of this chapter and effective regulation of the sale of memorials, memorialization, and cemeteries.
2. Cooperation with other agencies may include but is not limited to:
a. Making a joint examination or investigation.
b. Holding a joint administrative hearing.
c. Filing and prosecuting a joint civil or administrative proceeding.
d. Sharing and exchanging personnel.
e. Sharing and exchanging relevant information and documents.
f. Formulating, in accordance with chapter 17A, rules or proposed rules on matters such as statements of policy, regulatory standards, guidelines, and interpretive opinions.
2005 Acts, ch 128, §14
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523I - IOWA CEMETERY ACT › Section 523I.207 - Rules, forms, and orders.

523I.207 Rules, forms, and orders.
1. Under chapter 17A, the commissioner may from time to time make, amend, and rescind such rules, forms, and orders as are necessary or appropriate for the protection of purchasers and the public and to administer the provisions of this chapter, its implementing rules, and orders issued under this chapter.
2. A rule, form, or order shall not be made, amended, or rescinded unless the commissioner finds that the action is necessary or appropriate to protect purchasers and the public and is consistent with the policies and provisions of this chapter, its implementing rules, and orders issued under this chapter.
3. A provision of this chapter imposing any liability does not apply to an act done or omitted in good faith in conformity with any rule, form, or order of the commissioner.
2005 Acts, ch 128, §15
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523I - IOWA CEMETERY ACT › Section 523I.209 - Misleading filings.

523I.209 Misleading filings.
It is unlawful for a person to make or cause to be made, in any document filed with the commissioner, or in any proceeding under this chapter, any statement of material fact which is, at the time and in the light of the circumstances under which it is made, false or misleading, or, in connection with such statement, to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading.
2005 Acts, ch 128, §17
2023 Iowa Code › Title XIII - COMMERCE › Chapter 523I - IOWA CEMETERY ACT › Section 523I.210 - Misrepresentations of government approval.

523I.210 Misrepresentations of government approval.
It is unlawful for a seller under this chapter to represent or imply in any manner that the seller has been sponsored, recommended, or approved, or that the seller’s abilities or qualifications have in any respect been passed upon by the commissioner.
2005 Acts, ch 128, §18