92.22 - LABOR COMMISSIONER TO ENFORCE -- JUDICIAL REVIEW.
92.22 LABOR COMMISSIONER TO ENFORCE -- JUDICIAL
REVIEW.
1. The labor commissioner shall enforce this chapter. An
employer who violates this chapter or the rules adopted pursuant to
this chapter is subject to a civil penalty of not more than ten
thousand dollars for each violation.
2. The commissioner shall notify the employer of a proposed civil
penalty by service in the same manner as an original notice or by
certified mail. If, within fifteen working days from the receipt of
the notice, the employer fails to file a notice of contest in
accordance with rules adopted by the commissioner pursuant to chapter
17A, the penalty, as proposed, shall be deemed final agency action
for purposes of judicial review.
3. The commissioner shall notify the department of revenue upon
final agency action regarding the assessment of a penalty against an
employer. Interest shall be calculated from the date of final agency
action.
4. Judicial review of final agency action pursuant to this
section may be sought in accordance with the terms of section 17A.19.
If no petition for judicial review is filed within sixty days after
service of the final agency action of the commissioner, the
commissioner's findings of fact and final agency action shall be
conclusive in connection with any petition for enforcement which is
filed by the commissioner after the expiration of the sixty-day
period. In any such case, the clerk of court, unless otherwise
ordered by the court, shall forthwith enter a decree enforcing the
final agency action and shall transmit a copy of the decree to the
commissioner and the employer named in the petition.
5. Any penalties recovered pursuant to this section shall be
remitted by the commissioner to the treasurer of state for deposit in
the general fund of the state.
6. Mayors and police officers, sheriffs, school superintendents,
and school truant and attendance officers, within their several
jurisdictions, shall cooperate in the enforcement of this chapter and
furnish the commissioner and the commissioner's designees with all
information coming to their knowledge regarding violations of this
chapter. All such officers and any person authorized in writing by a
court of record shall have the authority to enter, for the purpose of
investigation, any of the establishments and places mentioned in this
chapter and to freely question any person therein as to any
violations of this chapter.
7. County attorneys shall investigate all complaints made to them
of violations of this chapter, and prosecute all such cases of
violation within their respective counties. Section History: Early Form
[S13, § 2477-f; SS15, § 2477-a1, -d; C24, 27, 31, 35, 39, §
1535, 1541; C46, 50, 54, 58, 62, 66, § 92.10, 92.16; C71, 73, 75,
77, 79, 81, § 92.22] Section History: Recent Form
87 Acts, ch 111, § 8; 2009 Acts, ch 49, §6
Referred to in § 331.653, 331.756(18)