Iowa Admin. Code r. 481-56.6

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 481-56.6 - Treble and double fines

(1)Treble fines for repeated violations. The director of the department of inspections and appeals shall treble the penalties specified in rule 481-56.3 (135C) for any second or subsequent class I or class II violation occurring within any 12-month period, if a citation was issued for the same class I or class II violation occurring within that period and a penalty was assessed therefor

(2)Double fines for intentional class I violations. The director of the department of inspections and appeals shall double the penalties specified in subrule 56.3(1) when the violation is due to an intentional act by the facility in violation of a provision of Iowa Code chapter 135C or rule adopted pursuant thereto.

a. For purposes of this subrule, "intentional" means doing an act voluntarily, not by mistake or accident, and doing the act with a specific purpose in mind.

b. The facts and circumstances surrounding the act shall be considered when determining whether the act was done intentionally.

c. It is assumed that a person intends the natural results of the person's act(s).

Iowa Admin. Code r. 481-56.6

ARC 8433B, lAB 12/30/09, effective 2/3/10