Iowa Admin. Code r. 641-153.4 - [Effective 7/1/2025] Complaints and enforcement
(1)
Duties of department . The department will 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 Iowa Code chapter
142D.
a. The department may designate one or
more public agencies through a 28E agreement or other written contract to
assist with enforcement.
b. The
department may refer complaints regarding a violation 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 Iowa Code
chapter 142D, the department designates the law enforcement authorities of the
state and of each political subdivision of the state to assist with
enforcement. 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 Iowa Code chapter 142D, and such person shall pay a
civil penalty pursuant to Iowa Code section
805.8C(3) 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 Iowa
Code chapter 142D, the department designates the law enforcement authorities of
the state and of each political subdivision of the state to assist with
enforcement. 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 Iowa Code chapter 142D, and
such person shall pay the applicable civil penalty pursuant to Iowa Code
chapter 142D.
(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 on the
department 's
website,hhs.iowa.gov/smokefreeair.
(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 Iowa Code
chapter 142D, or outdoor area where smoking is prohibited that 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 of one or more violations of Iowa Code chapter 142D 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 Iowa
Code chapter 142D, or outdoor areas where smoking is prohibited is credible:
a. For the first complaint, the department
shall:
(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)
Include in the notice educational materials about how to comply with Iowa Code
chapter 142D, and information on whom to contact for further information and
assistance for compliance.
b. For the second and subsequent complaints
within one year , the department :
(1) Shall
issue a subsequent notice of potential violation to the owner, operator, or
person having custody or control.
(2) May authorize one or more public agencies
to conduct a compliance check of the location.
(3) May pursue any remedy authorized by Iowa
Code chapter 142D, including the enforcement of civil penalties.
Notes
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