Iowa Admin. Code r. 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 with 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
is final agency action if the employer does not timely file a notice of
contest. The filing date for a timely notice of contest is 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 the director 's
rules and Iowa Code chapter 17A.
This rule is intended to implement Iowa Code section 92.22.
Notes
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(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.