§ 136C.4 — Penalties

Iowa § 136C.4

• Jurisdiction: Iowa
• Title IV: PUBLIC HEALTH
• Ch. 136C: RADIATION MACHINES AND RADIOACTIVE MATERIALS

Text

1. It is unlawful to operate or use radiation machines or radioactive material in violation
of this chapter or of any rule adopted pursuant to this chapter. Persons convicted of violating
a provision of this chapter are guilty of a serious misdemeanor.
2. In addition to criminal penalties, the department may impose a civil penalty not to
exceed one thousand dollars on a person who violates a provision of this chapter or a rule or
order issued under this chapter, or a term, condition, or limitation of a license or registration
certificate issued under this chapter, or who commits a violation for which a license or
registration certificate may be revoked under rules issued pursuant to this chapter. Each
day of continuing violation constitutes a separate offense in computing the civil penalty.
3. The department shall notify a person of the intent to impose a civil penalty against
the person. The notice shall be by registered or certified mail to the person’s last known
address and shall state the date, facts, the nature of the act or omission leading to the charge,
the specific statute, rule, or license or registration provision involved, and the amount of the
penalty the department proposes to impose. The notice shall advise the person that upon
failure to pay the civil penalty, the penalty may be collected by civil action. The person shall
have the opportunity to respond in writing, within a reasonable time as the department shall
establish by rule, why the civil penalty should not be imposed.
4. The department may compromise, mitigate, or remit a civil penalty imposed under this
section. A person upon whom a civil penalty is imposed may appeal the action pursuant to
chapter17A.Thedepartmentshallremitmoneyscollectedfromcivilpenaltiestothetreasurer
of state who shall deposit the moneys in the general fund of the state.

Legislative History

[C79, 81, §136C.4]