Iowa Code Title XIII. Commerce [Chs. 505-554D] § 522F.19. Hearings--service of process, attendance of witnesses, and production of documents

1. Whenever the commissioner believes that a person has been engaged, or is engaging, in a violation of this chapter or a rule adopted or an order issued under this chapter, and that a proceeding by the commissioner would be in the public interest, the commissioner shall issue and serve upon the person a statement of the charges and a notice of a hearing on the charges to be held at the time and place set in the notice, which shall not be less than ten business days after the date of service of such notice.

2. At the time and place of such hearing, the person shall have an opportunity to be heard and to show cause why an order should not be made by the commissioner requiring the person to cease and desist from the violation of the chapter, rule, or order.  Upon a showing of good cause, the commissioner shall permit any person, by counsel or in person, to intervene, appear, and be heard at such hearing.

3. A hearing under this section shall not be required to observe formal rules of pleading or evidence.

4. The commissioner, at a hearing under this section, may administer oaths, examine and cross-examine witnesses, receive oral and documentary evidence, and may subpoena witnesses, compel their attendance, and require the production of books, papers, records, correspondence, or other documents which the commissioner deems relevant.  The commissioner may, and upon the request of any party shall, cause to be made a stenographic record of the evidence and proceedings of a hearing under this section.  If no stenographic record is made and if a judicial review is sought, the commissioner shall prepare a statement of the evidence and proceeding for use on review.  If a person refuses to comply with a subpoena issued under this section, or to testify to a matter for which the person may lawfully be interrogated, the district court of Polk county or the district court of the county where the person resides, on application of the commissioner, may issue an order requiring such person to comply with such subpoena or to testify.  Failure of a person to obey such order of the court may be punished by the court as contempt.

5. Statements of charges, notices, orders, subpoenas, and other processes of the commissioner under this chapter may be served by anyone authorized by the commissioner, either in the manner provided by law for service of process in civil actions, or by mailing a copy by restricted certified mail to the person affected by the statement, notice, order, subpoena, or other process at the person's residence or principal office or place of business.  The verified return by the person serving the statement, notice, order, subpoena, or other process, setting forth the manner of such service, shall be proof of service, and the return receipt for the statement, notice, order, subpoena, or other process, mailed by restricted certified mail, shall be proof of the service.