203C.36 - PENALTIES -- INJUNCTION.

        203C.36  PENALTIES -- INJUNCTION.
         1.  A person who knowingly withholds information from or knowingly
      submits false information to the department or any of its employees
      in a record required to be maintained or submitted to the department
      under this chapter commits a fraudulent practice as provided in
      chapter 714.
         2. a.  Except as provided in paragraph "b", a person
      commits a serious misdemeanor if the person does any of the
      following:
         (1)  Engages in business as a warehouse operator without a license
      as required in section 203C.6.
         (2)  Obstructs the inspection of the person's business premises or
      records required to be kept by a licensed warehouse operator pursuant
      to section 203C.2.
         (3)  Uses a scale ticket, warehouse receipt, or other document in
      violation of this chapter or requirements established by the
      department under this chapter.
         b.  A person who commits an offense specified in paragraph
      "a" after having been found guilty of the same offense commits an
      aggravated misdemeanor.
         3.  Except as provided in subsections 1 and 2, a person who
      violates any provision of this chapter commits a simple misdemeanor.
      With respect to a continuing violation, each day that the violation
      continues is a separate offense.
         4.  A person in violation of this chapter, or in violation of
      chapter 714 or 715A, which violation involves the business of a
      warehouse operator, is subject to prosecution by the county attorney
      in the county where the business is located.  However, if the county
      attorney fails to initiate prosecution within thirty days, and upon
      request by the department, the attorney general may initiate and
      carry out the prosecution in cooperation, if possible, with the
      county attorney.  The person in violation may be restrained by
      injunction in an action brought by the department or the attorney
      general upon request by the department.  
         Section History: Early Form
         [C24, 27, 31, § 9751; C35, § 9751-g33; C39, § 9751.33; C46,
      50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 543.36; 81 Acts, ch
      180, § 27] 
         Section History: Recent Form
         92 Acts, ch 1239, § 75
         C93, § 203C.36
         2003 Acts, ch 69, §19