Iowa Admin. Code r. 875-32.12

Current through Register Vol. 47, No. 6, September 18, 2024

Rule 875-32.12 - Civil penalty procedures

(1)Notice of civil penalty. The director shall serve a notice of proposed civil penalty by certified mail or in a manner consistent with service of original notice under the Iowa Rules of Civil Procedure. There shall be a 15-day grace period before issuing the notice. The notice shall include the following:

a. A statement that the notice proposes a civil penalty assessment for violation of child labor laws.

b. Descriptions of the alleged violations including the provisions allegedly violated, the number of violations, and the proposed penalties.

c. A statement that the employer has the right to request a hearing by filing a notice of contest with the director within 15 working days from the receipt of the notice of proposed civil penalty and that if a notice of contest is not timely filed, the proposed civil penalty will become final agency action.

d. A reference to the applicable procedural provisions.

(2)Notice of contest. The civil penalty proposed by the director shall become final agency action if the employer does not timely file a notice of contest. The filing date for a timely notice of contest shall be within 15 working days of the date the notice of proposed civil penalty was received by the employer. The notice of contest shall include the name, address, and telephone number of the employer's representative. If a notice of contest is filed by fax, the original shall be mailed to the director.

(3)Contested case procedures. Contested case procedures are set forth in 875-Chapter 1 and Iowa Code chapter 17A.

This rule is intended to implement Iowa Code section 92.22.

Iowa Admin. Code r. 875-32.12

ARC 8300B, lAB 11/18/09, effective 1/1/10

Amended by IAB September 2, 2015/Volume XXXVIII, Number 05, effective 10/7/2015

Amended by IAB February 7, 2024/Volume XLVI, Number 16, effective 3/13/2024