1. If there is substantial evidence that a person has violated or is violating a provision of this part or a rule adopted under this part, the director may issue an order directing the person to desist in the practice that constitutes the violation and to take corrective action as necessary to ensure that the violation will cease, and may impose appropriate administrative penalties pursuant to section 455B.109. The person to whom the order is issued may appeal the order to the commission as provided in chapter 17A. On appeal, the commission may affirm, modify, or vacate the order of the director. The applicable time frames for the issuance and appeal of the order are defined in section 455B.110.

Terms Used In Iowa Code 455B.476

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Commission: means the environmental protection commission created under section 455A. See Iowa Code 455B.101
  • Commission: means the natural resource commission. See Iowa Code 462A.2
  • Director: means the director of the department or a designee. See Iowa Code 455B.101
  • Director: means the director of the department or the director's designee. See Iowa Code 462A.2
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: means an individual, partnership, firm, corporation, or association. See Iowa Code 462A.2
  • Rule: includes "regulation". See Iowa Code 4.1
 2. However, if it is determined by the director that an emergency exists respecting any matter affecting or likely to affect the public health, the director may issue any order necessary to terminate the emergency without notice and without hearing. The order is binding and effective immediately and until the order is modified or vacated at a hearing before the commission or by a district court.
 3. The director, with the approval of the commission, may request the attorney general to institute legal proceedings pursuant to section 455B.477.
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