Iowa Admin. Code rr. 567-10.31

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

Rule 567-10.31 - [Effective 6/19/2024] Assessment of administrative penalties

Except for operator discipline, administrative penalties shall be assessed through issuance of an administrative order or an administrative consent order of the director which recites the facts and the legal requirements which have been violated, and a general rationale for the prescribed penalty.

(1)Administrative order or administrative consent order. An administrative order or administrative consent order may include cumulative penalties up to $10,000 for multiple violations and may be combined with any other order authorized by statute for mandatory or prohibitory injunctive conditions. The administrative order is subject to contested case and appellate review. Operator discipline is governed by 567-Chapter 81.

(2)Determination of amount. The amount of penalty for each day of violation shall be determined from evaluation of the factors outlined in rule 567-10.30(455B). The actual or reasonably estimated economic benefit shall always be assessed.

Iowa Admin. Code rr. 567-10.31

Adopted by IAB May 15, 2024/Volume XLVI, Number 24, effective 6/19/2024