Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 372 - Manufactured or Mobile Home Retailers, Manufacturers, and Distributors › Rule 661-372.5 - Denial, Suspension, or Revocation-civil Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The commissioner may deny the issuance or
			 renewal of a license if the applicant has committed any violation of any
			 provision of law applicable to the operation of a business required to be
			 licensed pursuant to this chapter.
(2) The commissioner may suspend or revoke a
			 license for any violation of this chapter or of any other provision of law
			 applicable to the operation of a business required to be licensed pursuant to
			 this chapter.
(3) The commissioner
			 may impose a civil penalty for any violation of this chapter or of Iowa Code
			 chapter 103 A relating to the manufacture of a manufactured or mobile home. A
			 civil penalty may be imposed in addition to a denial of the issuance or renewal
			 of a license, a suspension of a license, or a revocation of a license. A civil
			 penalty shall not be imposed in lieu of a denial of the issuance or renewal of
			 a license or of a revocation of a license. A civil penalty shall not exceed
			 $1,000 for each offense. Each violation involving a separate manufactured or
			 mobile home, or a separate failure or refusal to allow an act to be performed
			 or to perform an act as required by this chapter or Iowa Code chapter 103 A,
			 constitutes a separate offense. However, the maximum amount of civil penalties
			 which may be assessed for any series of violations occurring within one year
			 from the date of the first violation shall not exceed $1 million.
(4) Suspension or revocation for nonpayment
			 of child support. The following procedures shall apply to actions taken by the
			 building code commissioner on a certificate of noncompliance received from the
			 Iowa department of human services pursuant to Iowa Code chapter 252J:
a. The notice required by Iowa Code section
			 252J.8
			 shall be served upon the licensee by restricted certified mail, return receipt
			 requested, or personal service in accordance with Iowa Rule of Civil Procedure
			 1.305. Alternatively, the licensee may accept service personally or through
			 authorized counsel.
b. The
			 effective date of revocation or suspension of certification of a licensee, as
			 specified in the notice required by Iowa Code section
			 252J.8,
			 shall be 60 days following service upon the licensee.
c. Licensees shall keep the building code
			 commissioner informed of all court actions and all child support recovery unit
			 actions taken under or in connection with Iowa Code chapter 252J and shall
			 provide the building code commissioner with copies, within 7 days of filing or
			 issuance, of all applications filed with the district court pursuant to Iowa
			 Code section
			 252J.9,
			 all court orders entered in such actions, and withdrawals of certificates of
			 noncompliance by the child support recovery unit.
d. All applicable fees for an application or
			 reinstatement must be paid by the licensee before a license will be issued,
			 renewed, or reinstated after the building code commissioner has denied the
			 issuance or renewal of a license or has suspended or revoked a license pursuant
			 to Iowa Code chapter 252J.
e. In
			 the event a licensee files a timely district court action following service of
			 a notice pursuant to Iowa Code sections
			 252J.8
			 and
			 252J.9,
			 the building code commissioner shall continue with the intended action
			 described in the notice upon the receipt of a court order lifting the stay,
			 dismissing the action, or otherwise directing the department to proceed. For
			 the purpose of determining the effective date of revocation or suspension of
			 the certification, the building code commissioner shall count the number of
			 days before the action was filed and the number of days after the action was
			 disposed of by the court.
f.
			 Suspensions or revocations imposed pursuant to this subrule may not be appealed
			 administratively within the department of public safety.
Note: The procedures established in subrule 372.5(4) implement
				the requirements of Iowa Code chapter 252J. The provisions of Iowa Code chapter
				252J establish mandatory requirements for an agency which administers a
				licensure program, such as the one established in this chapter, and provide
				that actions brought under these provisions are not subject to contested case
				procedures established in Iowa Code chapter 17A, but must be appealed directly
				to district court.