10A.104 - POWERS AND DUTIES OF THE DIRECTOR.

        10A.104  POWERS AND DUTIES OF THE DIRECTOR.
         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.
         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, members of the employment appeal board, and
      administrator of the child advocacy board created in section 237.16.
      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.  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.  Establish by rule standards and procedures for certifying that
      targeted small businesses are eligible to participate in the
      procurement program established in sections 73.15 through 73.21.  The
      procedure for determination of eligibility shall not include
      self-certification by a business.  The director shall maintain a
      current directory of targeted small businesses that have been
      certified pursuant to this subsection.  The director shall also
      provide information to the department of administrative services
      necessary for the identification of targeted small businesses as
      provided under section 8A.111, subsection 12.
         9.  Administer and enforce this chapter, and chapters 99B, 135B,
      135C, 135H, 135J, 135O, 137C, 137D, and 137F.
         10.  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.
         11.  Administer inspection and licensing of social and charitable
      gambling pursuant to chapter 99B.
         12.  Administer inspections and licensing of hotels, home food
      establishments, and egg handlers.
         13.  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.
         14.  Administer inspections for sanitation in any locality of the
      state upon the written petition of five or more residents of the
      locality.
         15.  Administer inspections of cosmetology salons under section
      157.7 and barbershops under section 158.6.  
         Section History: Recent Form
         86 Acts, ch 1245, § 504; 88 Acts, ch 1273, § 3; 89 Acts, ch 231, §
      2--4; 92 Acts, ch 1141, §1; 93 Acts, ch 53, §1; 94 Acts, ch 1076, §1;
      95 Acts, ch 67, §2; 96 Acts, ch 1052, §1; 96 Acts, ch 1079, §1; 98
      Acts, ch 1162, §1, 30; 98 Acts, ch 1202, §1, 46; 2000 Acts, ch 1155,
      §1; 2002 Acts, ch 1162, §2, 3, 15, 75; 2003 Acts, ch 145, §128; 2004
      Acts, ch 1026, §1; 2008 Acts, ch 1184, §34; 2009 Acts, ch 136, §1
         Referred to in § 8A.111, 15.108, 73.16, 216A.167