Iowa Admin. Code r. 641-153.8

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

Rule 641-153.8 - Complaints and enforcement

(1)Duties of department. The department shall maintain a system for receiving and investigating complaints against persons who own, operate, manage, or otherwise have custody or control of a place where smoking is prohibited and who fail to comply with the provisions of 2008 Iowa Acts, House File 2212.

a. Pursuant to 2008 Iowa Acts, House File 2212, section 9, subsection 7, the department may designate one or more public agencies through a 28E agreement or other written contract to assist with the enforcement of 2008 Iowa Acts, House File 2212.

b. The department may refer complaints regarding a violation of 2008 Iowa Acts, House File 2212, to the law enforcement authorities of the state or of the political subdivision of the state in which the alleged violation occurred.

(2)Enforcement against a person who smokes in an area where smoking is prohibited. Pursuant to 2008 Iowa Acts, House File 2212, section 9, subsection 7, the department designates the law enforcement authorities of the state and of each political subdivision of the state to assist with the enforcement of 2008 Iowa Acts, House File 2212. A peace officer may issue a citation in lieu of arrest pursuant to Iowa Code chapter 805 against a person who smokes in an area where smoking is prohibited pursuant to 2008 Iowa Acts, House File 2212, and such person shall pay a civil penalty pursuant to Iowa Code section 805.8C(3) "a" for each violation.

(3)Enforcement against a person who owns, operates, manages, or otherwise has control of a place where smoking is prohibited. Pursuant to 2008 Iowa Acts, House File 2212, section 9, subsection 7, the department designates the law enforcement authorities of the state and of each political subdivision of the state to assist with the enforcement of 2008 Iowa Acts, House File 2212. The department or its designee may initiate a civil action against an owner, operator, manager, or person who otherwise has custody or control of a place where smoking is prohibited pursuant to 2008 Iowa Acts, House File 2212, and such person shall pay the applicable civil penalty pursuant to 2008 Iowa Acts, House File 2212, section 9.

(4)Manner of filing a complaint. Any person may register a complaint with the department by calling the toll-free number, 1-888-944-2247, or registering a complaint on the department's Web site,www.IowaSmokefreeAirgov,or downloading a complaint form from the department's Web site and mailing the complaint form to the department at Department of Public Health, Division of Tobacco Use Prevention and Control, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319.

(5)Contents of the complaint. A complaint filed with the department shall include:

a. The name or location of the public place, place of employment, area declared a nonsmoking place pursuant to 2008 Iowa Acts, House File 2212, section 5, or outdoor area where smoking is prohibited which is the subject of the complaint;

b. A description of the occurrence that prompted the complaint; and

c. Any other information relevant to the occurrence.

(6)Review of complaint by department. Upon receipt of a complaint, the department or its designee may contact the individual making the complaint to confirm the details of the complaint and obtain any additional information.

(7)Information from inspections. Information received by the department pursuant to rule 641-153.6 (82GA,HF2212) of one or more violations of 2008 Iowa Acts, House File 2212, as a result of an inspection of a public place by the state or political subdivision of the state shall be considered a credible complaint under this rule.

(8)Notice of potential violation. If the department determines that a complaint against a public place, place of employment, area declared nonsmoking pursuant to 2008 Iowa Acts, House File 2212, section 5, or outdoor areas where smoking is prohibited is credible, the department shall:

a. For the first complaint.

(1) Issue a written notice of potential violation to the owner, operator or person having custody or control including the details of the complaint.

(2) The notice shall include educational materials about how to comply with 2008 Iowa Acts, House File 2212, and information on whom to contact for further information and assistance for compliance.

b. For the second complaint in one year.

(1) Issue a second notice of potential violation to the owner, operator, or person having custody or control.

(2) In addition, the department may authorize one or more public agencies to conduct a compliance check of the location.

(3) In addition, the department may pursue the civil penalties provided for in 2008 Iowa Acts, House File 2212, section 9, subsection 2; may refer the complaint to the appropriate authority for enforcement of the civil penalties provided for in 2008 Iowa Acts, House File 2212, section 9, subsection 2; or may pursue any other remedy authorized by 2008 Iowa Acts, House File 2212.

c. For the third and subsequent complaints of a potential violation within one year

(1) Issue a subsequent notice of potential violation to the owner, operator, or person having custody or control.

(2) In addition, the department may authorize one or more public agencies to conduct a compliance check of the location.

Iowa Admin. Code r. 641-153.8