203.11B - GRAIN INDUSTRY PEER REVIEW PANEL.
203.11B GRAIN INDUSTRY PEER REVIEW PANEL.
1. The department shall establish a grain industry peer review
panel to assist the department in assessing civil penalties pursuant
to this section and section 203C.36A. The secretary of agriculture
shall appoint to the panel the following members:
a. Two natural persons who are grain dealers licensed under
this chapter and actively engaged in the grain dealer business.
b. Two natural persons who are warehouse operators licensed
pursuant to chapter 203C and actively engaged in the grain warehouse
business.
c. One natural person who is a producer actively engaged in
grain farming.
2. a. The members appointed pursuant to this section shall
serve four-year terms beginning and ending as provided in section
69.19. However, the secretary of agriculture shall appoint initial
members to serve for less than four years to ensure that members
serve staggered terms. A member is eligible for reappointment. A
vacancy on the panel shall be filled for the unexpired portion of the
regular term in the same manner as regular appointments are made.
b. The panel shall elect a chairperson who shall serve for a
term of one year. The panel shall meet on a regular basis and at the
call of the chairperson or upon the written request to the
chairperson of three or more members. Three members constitute a
quorum and the affirmative vote of a majority of the members present
is necessary for any substantive action to be taken by the panel.
The majority shall not include any member who has a conflict of
interest and a statement by a member that the member has a conflict
of interest is conclusive for this purpose. A vacancy in the
membership does not impair the duties of the panel.
c. Notwithstanding section 7E.6, the members shall only
receive reimbursement for actual expenses for performance of their
official duties, as provided by the department.
d. The panel shall be staffed by employees of the department.
3. The panel may propose a schedule of civil penalties for minor
and serious violations of this chapter and chapter 203C. The
department may adopt rules based on the recommendations of the panel
as approved by the secretary of agriculture.
4. a. The panel shall review cases of grain dealers regulated
under this chapter and warehouse operators regulated under chapter
203C who are subject to civil penalties as provided in section
203.11A or 203C.36A. A review shall be performed upon the request of
the department or the person subject to the civil penalty.
b. The department shall present reports to the panel in
regard to investigations of cases under review which may result in
the assessment of a civil penalty against a person. The reports may
be reviewed by the panel in closed session pursuant to section 21.5,
and are confidential records. In presenting the reports, the
department shall make available to the panel records of persons which
are otherwise confidential under section 22.7, 203.16, or 203C.24.
The panel members shall maintain the confidentiality of records made
available to the panel. However, a determination to assess a civil
penalty against a person shall be made exclusively by the department.
c. The panel may establish procedures for the review and
establish a system of prioritizing cases for review, consistent with
rules adopted by the department. The department shall adopt rules
establishing a period for the review and response by the panel which
must be completed prior to a contested case hearing under chapter
17A. A hearing shall not be delayed after the required period for
review and response, except as provided in chapter 17A or the Iowa
rules of civil procedure. The rules adopted by the department may
exclude review of minor violations. The review may also include the
manner of assessing and collecting the civil penalty.
d. The findings and recommendations of the panel shall be
included in a response delivered to the department and the person
subject to the civil penalty. The response may include a
recommendation that a proposed civil penalty be modified or
suspended, that an alternative method of collection be instituted, or
that conditions be placed upon the license of a grain dealer as
provided in section 203.3 or the license of a warehouse operator as
provided in section 203C.6.
5. This section does not apply to an action by the department for
a license suspension or revocation. This section also does not
require a review or response if the case is subject to criminal
prosecution or involves a petition seeking injunctive relief.
6. A response by the panel may be used as evidence in an
administrative hearing or in a civil or criminal case except to the
extent that information contained in the response is considered
confidential pursuant to section 22.7, 203.16, or 203C.24. Section History: Recent Form
99 Acts, ch 106, §6; 2008 Acts, ch 1083, §5
Referred to in § 203.11A, 203.16, 203C.24, 203C.36A