The bureau shall follow a step-by-step enforcement policy to
ensure consistent Cornpliance with and application of this chapter The
department recognizes that violations of certain rules may have more serious
ramifications; thus, the enforcement of those rules requires stricter policies.
The enforcement policies apply to any violation of this chapter unless
enforcement provisions are specifically addressed in a particular rule or
subrule.
(1) If it is necessary to
establish proof of a violation of statute or rule, the
bureau shall conduct a
special investigation of the
licensee. The
bureau may contact the licensed
grain dealer, the grain dealer's employees, or any other interested party to
gain information for the investigation. The
bureau, in its investigation of a
licensee, may cause a special examination to occur if evidence of at least one
of the following conditions is present:
a.
Insufficient funds check, or failed electronic funds transfer
b. Stalled payment for grain.
c. Quantity deficiency.
d. Quality deficiency.
e. InCornplete or inaccurate records as
specified in rule 91.11(203).
The expense of such special examination shall be based on
actual costs incurred by the bureau and may be assessed to the licensee. The
costs shall include the labor, travel and any other additional costs incurred
by the bureau. Payment shall be made as directed by the bureau.
(2) Upon establishment
by the
bureau of a violation of statute or rule, the
bureau shall notify the
licensee in writing that the
licensee must be in Cornpliance with the
department's rules within a period of time to be established by the
bureau. The
bureau shall consider the following elements in determining the proper period
of time within which to require a
licensee to Cornply with the rules:
a. Likelihood of producer loss;
b. Gravity of the offense; and
c. Length of time within which a reasonable
licensee in a similar circumstance should be able to Cornply with the
rules.
(3) The
bureau
chief may initiate license suspension or revocation proceedings against the
licensee for any violation of these rules. The
bureau chief shall consider the
following factors in making the determination to initiate the suspension or
revocation proceedings:
a. Likelihood of
producer loss.
b. Gravity of the
offense.
c. Licensee's intent to
violate the rule.
d. Licensee's
record of violations of statute or rule.
e. Number of violations in the particular
report.
(4) The
bureau
chief may cause charges to be filed against the
licensee for any violation of
these rules. The
bureau chief shall consider the following factors in making
the determination to file charges:
a.
Likelihood of producer loss.
b.
Gravity of the offense.
c.
Licensee's intent to violate the rule.
d. Licensee's record of violations of statute
or rule.
e. Number of violations in
the particular report.
(5) The
bureau chief may initiate the
assessment of civil penalties against the
licensee for any violation of these
rules. The
bureau chief shall consider the following factors in making the
determination to initiate the assessment of civil penalties:
a. Likelihood of producer loss.
b. Gravity of the offense.
c. Licensee's intent to violate the
rule.
d. Licensee's record of
violations of statute or rule.
e.
Number of violations in the particular report. This rule is intended to
implement Iowa Code sections
203.2,
203.9,
203.10,
203.11
and
203.11
A.
