2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 523D - RETIREMENT FACILITIES
523D.13 - COMPLIANCE -- SUMMARY ORDERS.

        523D.13  COMPLIANCE -- SUMMARY ORDERS.
         1.  Upon the commissioner's determination that a provider has
      engaged, is engaging, or is about to engage in any act or practice
      constituting a violation of this chapter or a rule adopted pursuant
      to this chapter, the commissioner may issue a summary order directing
      the provider to cease and desist from engaging in the act or practice
      resulting in the violation or to take other affirmative action as in
      the judgment of the commissioner is necessary to comply with the
      requirements of this chapter.
         2.  If a hearing is not timely requested, the summary order
      becomes final by operation of law.  The order shall remain effective
      from the date of issuance until the date the order becomes final by
      operation of law or is overturned by a presiding officer or court
      following a request for hearing.  A person who has been issued a
      summary order under this section may contest it by filing a request
      for a contested case proceeding as provided in chapter 17A and in
      accordance with rules adopted by the commissioner.  However, the
      person shall have at least thirty days from the date that the order
      is issued in order to file the request.  Section 17A.18A is
      inapplicable to a summary order issued under this section.
         3.  A person violating a summary order issued under this section
      shall be deemed in contempt of that order.  The commissioner may
      petition the district court to enforce the order as certified by the
      commissioner.  The district court shall adjudge the person in
      contempt of the order if the court finds after hearing that the
      person is not in compliance with the order.  The court shall assess a
      civil penalty against the person in an amount not less than three
      thousand dollars but not greater than ten thousand dollars per
      violation, and may issue further orders as it deems appropriate.  

         91 Acts, ch 205, §17; 2000 Acts, ch 1147, §32