This text of Iowa § 214A.11 (Penalties) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.Except as otherwise provided in subsection 3, a person who violates a provision of this
chapter is guilty of a serious misdemeanor or is subject to an alternative civil enforcement
action under subsection 2. Each day that a continuing violation occurs shall be considered a
separate offense.
2.The state may proceed against a person who violates this chapter by initiating an
alternative civil enforcement action in lieu of a prosecution. The alternative civil enforcement
action may be brought against the person as a contested case proceeding by the department
under chapter 17A or as a civil judicial proceeding by the attorney general upon referral by
the department. The department may impose, assess, and collect the civil penalty. The civil
penalty shall be for at least one hundred dollar
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1. Except as otherwise provided in subsection 3, a person who violates a provision of this
chapter is guilty of a serious misdemeanor or is subject to an alternative civil enforcement
action under subsection 2. Each day that a continuing violation occurs shall be considered a
separate offense.
2. The state may proceed against a person who violates this chapter by initiating an
alternative civil enforcement action in lieu of a prosecution. The alternative civil enforcement
action may be brought against the person as a contested case proceeding by the department
under chapter 17A or as a civil judicial proceeding by the attorney general upon referral by
the department. The department may impose, assess, and collect the civil penalty. The civil
penalty shall be for at least one hundred dollars but not more than one thousand dollars for
§214A.11, MOTOR FUEL 8
each violation. Each day that a continuing violation occurs shall be considered a separate
offense.
a. Exceptasprovidedinparagraph“b”, thestateisprecludedfromprosecutingaviolation
pursuant to subsection 1 if the state is a party in the alternative civil enforcement action, the
department has made a final decision in the contested case proceeding, or a court has entered
a final judgment.
b. If a party to an alternative civil enforcement action fails to pay the civil penalty to
the department within thirty days after the party has exhausted the party’s administrative
remedies and the party has not sought judicial review in accordance with section 17A.19, the
departmentmayorderthatitsfinaldecisionbevacated. Whenthedepartment’sfinaldecision
is vacated, the state may initiate a criminal prosecution, but shall be precluded from bringing
an alternative civil enforcement action. If a party to an alternative civil enforcement action
fails to pay the civil penalty within thirty days after a court has entered a final judgment,
the department may request that the attorney general petition the court to vacate its final
judgment. When the court’s judgment has been vacated, the state may initiate a criminal
prosecution, but shall be precluded from bringing an alternative civil enforcement action.
3. a. A retail dealer who submits an application for an E-15 unavailability waiver order
under section 214A.34 that the retail dealer knows includes information that is not true and
correct commits perjury as provided in section 720.2.
b. (1) A retail dealer who submits an application for an E-15 incompatible infrastructure
waiver order under section 214A.35 that the retail dealer knows is not true and correct
commits perjury as provided in section 720.2.
(2) Acertifiedprofessionalretailmotorfuelsiteinstallerwhosubmitsaninspectionreport
as part of an application for an E-15 incompatible infrastructure waiver order under section