Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 9 - Complaint, Investigation, and Resolution Procedures › Rule 351-9.4 - Disciplinary Remedies; Administrative Resolution of Enforcement Matters

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Action
			 after hearing.
If it is determined after a contested case proceeding
			 that a violation of statute or rule under the board's jurisdiction has
			 occurred, the board may impose any of the actions set out in Iowa Code section
			 68B.32D,
			 including as a remedial action the assessment of direct costs related to the
			 hearing for printing, postage, long-distance telephone charges, witness fees,
			 and compensation paid to the presiding officer
(2)
Administrative
			 resolution.
Violations may be handled by administrative resolution
			 rather than through the full investigative and contested case proceeding
			 process. The board may order administrative resolution by directing that the
			 person take specified remedial action. The board may also order administrative
			 resolution by issuing a letter of reprimand or by imposing a civil penalty as
			 set out in subrule 9.4(7).
(3)
Response to administrative resolution. A
person subject to
			 board discipline may accept administrative resolution, but is not required to
			 do so. If the person accepts the administrative resolution by complying with
			 the directed remedial action or accepting a letter of reprimand, the matter
			 shall be closed. If the person wishes to appeal the administrative resolution,
			 the person shall make a written request for a contested case proceeding and
			 shall submit the request within 30 days of the date of the correspondence
			 informing the person of the board's decision.
(4)
Statement of charges.
The board shall issue a statement of charges upon timely receipt of a request
			 for a contested case proceeding to appeal the administrative resolution. The
			 contested case shall be conducted in accordance with the provisions in
			 351-Chapter II. The board's legal counsel shall have the burden of proving the
			 violation. Failure to challenge the administrative resolution through a request
			 for a contested case proceeding is a failure to exhaust administrative remedies
			 for purposes of seeking judicial review.
(5)
Automatic civil
			 penalties.
The board may administratively resolve late-filed reports
			 by the assessment of automatic civil penalties, subject to the civil penalty
			 waiver process, as set out by board rule. The board may retain two dollars of
			 any civil penalty that is ultimately not waived by the board or by a court of
			 law as return receipts covering incidental costs such as printing and postage.
			 The remainder of the civil penalty shall be deposited in the state general
			 fund.
(6)
Admonishment.
The board may admonish any person who it
			 believes has committed a minor violation to exercise care. An admonishment is
			 not discipline and is not subject to a contested case proceeding
			 appeal.
(7)
Civil penalty
			 for violation.
If the board determines that probable cause exists to
			 believe that a violation of any statute or rule under its jurisdiction has
			 occurred, except for a late-filed disclosure report, the board may order
			 administrative resolution of the violation by imposing a civil penalty not to
			 exceed $500. A person assessed a civil penalty may appeal the decision by
			 requesting within 30 days of the date of the correspondence informing the
			 person of the board's decision a contested case proceeding to be held under the
			 process set out in subrule 9.4(4).