(1) The commissioner may deny the issuance or
renewal of a license if the applicant has committed any violation of any
provision of law applicable to the operation of a business required to be
licensed pursuant to this chapter.
(2) The commissioner may suspend or revoke a
license for any violation of this chapter or of any other provision of law
applicable to the operation of a business required to be licensed pursuant to
this chapter.
(3) The commissioner
may impose a civil penalty for any violation of this chapter or of Iowa Code
chapter 103 A relating to the manufacture of a manufactured or mobile home. A
civil penalty may be imposed in addition to a denial of the issuance or renewal
of a license, a suspension of a license, or a revocation of a license. A civil
penalty shall not be imposed in lieu of a denial of the issuance or renewal of
a license or of a revocation of a license. A civil penalty shall not exceed
$1,000 for each offense. Each violation involving a separate manufactured or
mobile home, or a separate failure or refusal to allow an act to be performed
or to perform an act as required by this chapter or Iowa Code chapter 103 A,
constitutes a separate offense. However, the maximum amount of civil penalties
which may be assessed for any series of violations occurring within one year
from the date of the first violation shall not exceed $1 million.
(4) Suspension or revocation for nonpayment
of child support. The following procedures shall apply to actions taken by the
building code commissioner on a certificate of noncompliance received from the
Iowa department of human services pursuant to Iowa Code chapter 252J:
a. The notice required by Iowa Code section
252J.8
shall be served upon the licensee by restricted certified mail, return receipt
requested, or personal service in accordance with Iowa Rule of Civil Procedure
1.305. Alternatively, the licensee may accept service personally or through
authorized counsel.
b. The
effective date of revocation or suspension of certification of a licensee, as
specified in the notice required by Iowa Code section
252J.8,
shall be 60 days following service upon the licensee.
c. Licensees shall keep the building code
commissioner informed of all court actions and all child support recovery unit
actions taken under or in connection with Iowa Code chapter 252J and shall
provide the building code commissioner with copies, within 7 days of filing or
issuance, of all applications filed with the district court pursuant to Iowa
Code section
252J.9,
all court orders entered in such actions, and withdrawals of certificates of
noncompliance by the child support recovery unit.
d. All applicable fees for an application or
reinstatement must be paid by the licensee before a license will be issued,
renewed, or reinstated after the building code commissioner has denied the
issuance or renewal of a license or has suspended or revoked a license pursuant
to Iowa Code chapter 252J.
e. In
the event a licensee files a timely district court action following service of
a notice pursuant to Iowa Code sections
252J.8
and
252J.9,
the building code commissioner shall continue with the intended action
described in the notice upon the receipt of a court order lifting the stay,
dismissing the action, or otherwise directing the department to proceed. For
the purpose of determining the effective date of revocation or suspension of
the certification, the building code commissioner shall count the number of
days before the action was filed and the number of days after the action was
disposed of by the court.
f.
Suspensions or revocations imposed pursuant to this subrule may not be appealed
administratively within the department of public safety.
Note: The procedures established in subrule 372.5(4) implement
the requirements of Iowa Code chapter 252J. The provisions of Iowa Code chapter
252J establish mandatory requirements for an agency which administers a
licensure program, such as the one established in this chapter, and provide
that actions brought under these provisions are not subject to contested case
procedures established in Iowa Code chapter 17A, but must be appealed directly
to district court.
(5) Appeals. Any denial, suspension, or
revocation of a certification, or any civil penalty imposed upon a licensee
under this rule, other than one imposed pursuant to subrule 372.5(4), may be
appealed by the licensee within 14 days of receipt of the notice. Appeals of
actions taken by the building code commissioner under this rule shall be to the
commissioner of public safety and shall be treated as contested cases,
following the procedures established in rules
661-10.301
(17A) through
661-10.332
(17A).