523C.13 - PROHIBITED ACTS OR PRACTICES -- PENALTY. - Iowa Statutes

523C.13 PROHIBITED ACTS OR PRACTICES -- PENALTY. The commissioner shall adopt rules which regulate residential service contracts to prohibit misrepresentation, false advertising, defamation, boycotts, coercion, intimidation, false statements and entries and unfair discrimination or practices. If the commissioner finds that a person has violated the rules adopted under this section, the commissioner may order any or all of the following: 1. Payment of a civil penalty of not more than one thousand dollars for each and every act or violation, but not to exceed an aggregate of ten thousand dollars, unless the person knew or reasonably should have known the person was in violation of this section, in which case the penalty shall be not more than five thousand dollars for each and every act or violation, but not to exceed an aggregate penalty of fifty thousand dollars in any one six-month period. The commissioner shall, if it finds the violations of this section were directed, encouraged, condoned, ignored, or ratified by the employer of such person, assess such fine to the employer and not such person. Any civil penalties collected under this subsection shall be deposited as provided in section 505.7. 2. Suspension or revocation of the license of a person, if the person knew or reasonably should have known the person was in violation of this section.          Section History: Recent Form 83 Acts, ch 87, § 14; 92 Acts, ch 1078, § 7; 2009 Acts, ch 181, §99 Referred to in § 523C.9, 523C.17          Footnotes For future repeal of 2009 amendment to subsection 1, effective July 1, 2011, see 2009 Acts, ch 179, §146