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Such hearings shall be conducted by the entire Board or a quorum thereof upon ten days’ notice to all parties. The Board shall not be bound by the strict rules of evidence prevailing in courts of law or equity. The Board shall have power to administer oaths and to take sworn testimony. The Board shall have the power to subpoena witnesses and pertinent documents, which power may be enforced by the Board by proper petition to the District Court of the County where the complainant resides. The complainant and any party alleged to have violated this chapter shall be entitled to be represented by Counsel and shall have the right to call witnesses on their own behalf and to cross-examine witnesses.
1. If, upon all evidence at the hearing, the Board finds that the person complained of has violated any of the provisions of this chapter, the Board shall state its findings of fact and shall issue and cause to be served upon such person an order requiring such person to cease and desist from such violation, and to take such affirmative or other action as, in the judgment of the Board, will effectuate the purpose of this chapter, including a report of the manner of compliance.
2. If, upon all the evidence at the hearing, the Board finds that the person complained of has not violated any of the provisions of this chapter, the Board shall state its findings of fact and shall issue and cause to be served upon the complainant an order dismissing the complaint.
3. The Board shall retain jurisdiction of the case until it is satisfied the person to whom the order was directed has complied. The order of the Board and its findings of fact shall be issued within thirty (30) days after the filing of the complaint and shall be delivered to the complainant, the person charged, and the Mayor.
4. The Board shall be empowered at the conclusion of the proceedings held under Section 131.16 to instruct the City Attorney to do any one or more of the following:
A. To institute and prosecute proceedings in a court of competent jurisdiction against any person found in violation of this chapter;
B. To apply to any court of competent jurisdiction for: (i) an order restraining any person from violating any provision of this chapter, and (ii) such other future relief as may seem to the court appropriate for the enforcement of this chapter and for the elimination of violations thereof;
C. To petition or institute proceedings with the Iowa Real Estate Commission for the purpose of causing the commission to revoke, suspend, or refuse to renew the license granted by such commission to any real estate broker or real estate salesman found to have violated any provision of this chapter.
5. The Board is also empowered at the conclusion of such proceedings to recommend to the Iowa Real Estate Commission suspension and/or revocation of the broker’s license of any broker licensed by the Iowa Real Estate Commission against whom a complaint has been filed and who has been a party to any proceedings thus filed and found guilty of violating any applicable provisions of this chapter.
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