2017 Iowa Code Title XIV - PROPERTY Chapter 557B - MEMBERSHIP CAMPGROUNDS Section 557B.6 - Denial, suspension, or revocation of application or registration — penalties.
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MEMBERSHIP CAMPGROUNDS, §557B.6
557B.6 Denial, suspension, or revocation of application or registration — penalties.
1. The attorney general may by order deny, suspend, or revoke a membership camping
operator’s application or registration or impose a penalty of not more than five thousand
dollars or a combination of suspension or revocation and penalty, if the attorney general finds
that the order is for the protection of prospective purchasers or purchasers of membership
camping contracts and that one of the following applies:
a. The membership camping operator’s advertising or sales techniques or trade practices
have been or are deceptive, false, or misleading.
b. The membership camping operator is not financially responsible or has insufficient
capital to warrant its offering or selling membership camping contracts in this state. The
attorney general may require a surety bond or, if one is unobtainable, other evidence of
financial assurances satisfactory to the attorney general.
c. The membership camping operator’s application for registration or an amendment to
the registration is incomplete in a material respect.
d. The membership camping operator has failed to file timely amendments to the
application for registration as required by section 557B.3.
e. The membership camping operator has failed to comply with any provision of this
chapter that materially affects the rights of purchasers, prospective purchasers, or owners
of membership camping contracts.
f. The membership camping operator has made a false or misleading representation or
concealed material facts in any document or information filed with the attorney general.
g. The membership camping operator has represented or is representing to purchasers
in connection with the offer to sell membership camping contracts that a particular facility
is planned, without reasonable expectation that the facility will be completed within a
reasonable time or without the apparent means to ensure its completion.
2. An order denying, suspending, or revoking a registration or imposing a penalty shall be
sent by certified mail, return receipt requested, to the applicant or registrant. The applicant
or registrant has thirty calendar days from the date of mailing the order to request a hearing
pursuant to chapter 17A. If a hearing is not requested within thirty days and is not ordered
by the attorney general, the order shall remain in effect until modified or vacated by the
attorney general. However, if the attorney general finds that the public health, safety, or
welfare imperatively requires emergency action, and incorporates a finding to that effect in
the order, summary suspension of a membership camping operator’s registration may be
ordered. If the membership camping operator desires to contest the summary order, the
membership camping operator must request a hearing within fifteen calendar days of service
of the summary order. If so requested, the hearing must be instituted within twenty calendar
days of the request and the contest of the summary order must be promptly determined.
87 Acts, ch 181, §10; 88 Acts, ch 1134, §99, 100; 2013 Acts, ch 30, §261
Referred to in §557B.5
Wed Feb 08 04:35:52 2017
Iowa Code 2017, Section 557B.6 (8, 0)
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