Iowa Admin. Code r. 875-130.10

Current through Register Vol. 47, No. 5, September 4, 2024

Rule 875-130.10 - Order to comply

(1) If after conducting an investigation or inspection of the employer's workplace the commissioner finds that the complaint is meritorious, the commissioner shall issue an order to comply to the employer which shall set forth with specificity the employer's noncompliance with Iowa Code chapter 89B or rules. The commissioner shall give the employer a period of 30 days to take remedial steps for compliance. The commissioner may establish a shorter period of time if justification is provided in the order to comply.

(2) An employer may request an administrative hearing on the order to comply at any time prior to the time set forth for compliance in the order to comply.

(3) If the employer has not requested a hearing, the commissioner, after the time set forth for compliance with the order to comply, may reexamine records submitted by the employer or may reinspect the premises. If the employer has not taken the necessary remedial steps required by the order to comply, the commissioner, upon notice and administrative hearing, may issue a decision on the order to comply which shall be deemed a final agency action pursuant to Iowa Code chapter 17A. The rules contained in 875-Chapter 1 are applicable to the hearing.

(4) In the event that the employer fails to comply with a decision on the order to comply, the commissioner may commence an action in the Iowa district court for injunctive and other equitable relief that may be just and equitable.

Iowa Admin. Code r. 875-130.10

Amended by IAB April 13, 2016/Volume XXXVIII, Number 21, effective 5/18/2016

Amended by IAB April 6, 2022/Volume XLIV, Number 20, effective 5/11/2022