Iowa Code r. 481-56.6 - Treble and double fines
(1)
Treble fines for repeated violations. The director of the
department of inspections and appeals shall treble the penalties specified in
rule 481-56.3 (135C) for any second
or subsequent class I or class II violation occurring within any 12-month
period, if a citation was issued for the same class I or class II violation
occurring within that period and a penalty was assessed therefor.
(2)
Double fines for intentional
class I violations. The director of the department of inspections and
appeals shall double the penalties specified in subrule 56.3(1) when the
violation is due to an intentional act by the facility in violation of a
provision of Iowa Code chapter 135C or rule adopted pursuant thereto.
a. For purposes of this subrule,
"intentional" means doing an act voluntarily, not by mistake or accident, and
doing the act with a specific purpose in mind.
b. The facts and circumstances surrounding
the act shall be considered when determining whether the act was done
intentionally.
c. It is assumed
that a person intends the natural results of the person's act(s).
Notes
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