Iowa Code 10A.104 – Powers and duties of the director
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The director or designees of the director shall:
1. Coordinate the internal operations of the department and develop and implement policies and procedures designed to ensure the efficient administration of the department.
Terms Used In Iowa Code 10A.104
- Administrator: means a person coordinating the administration of a division of the department. See Iowa Code 10A.101
- 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.
- Appraisal: A determination of property value.
- Department: means the department of inspections, appeals, and licensing. See Iowa Code 10A.101
- Develop: when used in connection with health services, means to undertake those activities which on their completion will result in the offer of a new institutional health service or the incurring of a financial obligation in relation to the offering of such a service. See Iowa Code 10A.711
- Director: means the director of inspections, appeals, and licensing. See Iowa Code 10A.101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- Subpoena: A command to a witness to appear and give testimony.
2. Appoint the administrators of the divisions within the department and all other personnel deemed necessary for the administration of this chapter, except the state public defender, assistant state public defenders, administrator of the racing and gaming commission, labor commissioner, workers’ compensation commissioner, director of the Iowa state civil rights commission, and members of the employment appeal board. All persons appointed and employed in the department are covered by the provisions of chapter 8A, subchapter IV, but persons not appointed by the director are exempt from the merit system provisions of chapter 8A, subchapter IV.
3. Prepare an annual budget for the department.
4. Develop and recommend legislative proposals deemed necessary for the continued efficiency of department functions, and review legislative proposals generated outside of the department which are related to matters within the department’s purview.
5. Except for rules required or authorized by law to be adopted by another entity, adopt rules deemed necessary for the implementation and administration of this chapter in accordance with chapter 17A.
6. Issue subpoenas and distress warrants, administer oaths, and take depositions in connection with audits, appeals, investigations, inspections, and hearings conducted by the department. If a person refuses to obey a subpoena or distress warrant issued by the department or otherwise fails to cooperate in proceedings of the department, the director may enlist the assistance of a court of competent jurisdiction in requiring the person’s compliance. Failure to obey orders of the court renders the person in contempt of the court and subject to penalties provided for that offense.
7. Enter into contracts for the receipt and provision of services as deemed necessary. The director and the governor may obtain and accept federal grants and receipts to or for the state to be used for the administration of this chapter.
8. Administer and enforce this chapter, and chapters 99B, 135B, 135C, 135H, 135J, 135O, 137C, 137D, and 137F.
9. Enter into and implement agreements or compacts between the state of Iowa and Indian tribes located in the state which are entered into under the authority of the Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq. The agreements or compacts shall contain provisions intended to implement the policies and objectives of the Indian Gaming Regulatory Act.
10. Administer inspection and licensing of social and charitable gambling pursuant to chapter 99B.
11. Administer inspections and licensing of hotels and home food processing establishments.
12. Administer inspections and licensing of food establishments, including but not limited to restaurants, vending machines, food processing plants, grocery stores, convenience stores, temporary food establishments, and mobile food units.
13. Administer inspections for sanitation in any locality of the state upon the written petition of five or more residents of the locality.
14. Administer inspections of cosmetology establishments under chapter 157.
15. Perform fire control duties pursuant to section 10A.511.
16. Serve as the state building code commissioner pursuant to section 103A.4 and administer chapters 101, 101A, 101B, 103, 103A, 104A, 104B, and 105.
17. Establish, publish, and enforce rules not inconsistent with law for the enforcement of those provisions of Title IV, subtitle 2, the administration and supervision of which are imposed upon the department.
18. Enforce the law relative to “Health-related Professions”, Title IV, subtitle 3, excluding chapter 147A.
19. Regulate and supervise real estate appraisers under chapter 543D and real estate appraisal management companies under chapter 543E.