216.5 - POWERS AND DUTIES.
216.5 POWERS AND DUTIES.
The commission shall have the following powers and duties:
1. To prescribe the duties of a director and appoint and
prescribe the duties of such investigators and other employees and
agents as the commission shall deem necessary for the enforcement of
this chapter.
2. To receive, investigate, mediate, and finally determine the
merits of complaints alleging unfair or discriminatory practices.
3. To investigate and study the existence, character, causes, and
extent of discrimination in public accommodations, employment,
apprenticeship programs, on-the-job training programs, vocational
schools, credit practices, and housing in this state and to attempt
the elimination of such discrimination by education and conciliation.
4. To seek a temporary injunction against a respondent when it
appears that a complainant may suffer irreparable injury as a result
of an alleged violation of this chapter. A temporary injunction may
only be issued ex parte, if the complaint filed with the commission
alleges discrimination in housing. In all other cases a temporary
injunction may be issued only after the respondent has been notified
and afforded the opportunity to be heard.
5. To hold hearings upon any complaint made against a person, an
employer, an employment agency, or a labor organization, or the
employees or members thereof, to subpoena witnesses and compel their
attendance at such hearings, to administer oaths and take the
testimony of any person under oath, and to compel such person,
employer, employment agency, or labor organization, or employees or
members thereof to produce for examination any books and papers
relating to any matter involved in such complaint. The commission
shall issue subpoenas for witnesses in the same manner and for the
same purposes on behalf of the respondent upon the respondent's
request. Such hearings may be held by the commission, by any
commissioner, or by any hearing examiner appointed by the commission.
If a witness either fails or refuses to obey a subpoena issued by the
commission, the commission may petition the district court having
jurisdiction for issuance of a subpoena and the court shall in a
proper case issue the subpoena. Refusal to obey such subpoena shall
be subject to punishment for contempt.
6. To issue such publications and reports of investigations and
research as in the judgment of the commission shall tend to promote
goodwill among the various racial, religious, and ethnic groups of
the state and which shall tend to minimize or eliminate
discrimination in public accommodations, employment, apprenticeship
and on-the-job training programs, vocational schools, or housing
because of race, creed, color, sex, sexual orientation, gender
identity, national origin, religion, ancestry, or disability.
7. To prepare and transmit to the governor and to the general
assembly from time to time, but not less often than once each year,
reports describing its proceedings, investigations, hearings
conducted and the outcome thereof, decisions rendered, and the other
work performed by the commission.
8. To make recommendations to the general assembly for such
further legislation concerning discrimination because of race, creed,
color, sex, sexual orientation, gender identity, national origin,
religion, ancestry, or disability as it may deem necessary and
desirable.
9. To cooperate, within the limits of any appropriations made for
its operation, with other agencies or organizations, both public and
private, whose purposes are consistent with those of this chapter,
and in the planning and conducting of programs designed to eliminate
racial, religious, cultural, and intergroup tensions.
10. To adopt, publish, amend, and rescind regulations consistent
with and necessary for the enforcement of this chapter.
11. To receive, administer, dispense and account for any funds
that may be voluntarily contributed to the commission and any grants
that may be awarded the commission for furthering the purposes of
this chapter.
12. To defer a complaint to a local civil rights commission under
commission rules promulgated pursuant to chapter 17A.
13. To issue subpoenas and order discovery as provided by this
section in aid of investigations and hearings of alleged unfair or
discriminatory housing or real property practices. The subpoenas and
discovery may be ordered to the same extent and are subject to the
same limitations as subpoenas and discovery in a civil action in
district court.
14. To defer proceedings and refer a complaint to a local
commission that has been recognized by the United States department
of housing and urban development as having adopted ordinances
providing fair housing rights and remedies that are substantially
equivalent to those granted under federal law.
15. To utilize volunteers to aid in the conduct of the
commission's business including case processing functions such as
intake, screening, investigation, and mediation. Section History: Early Form
[C66, 71, § 105A.5; C73, 75, 77, 79, 81, § 601A.5] Section History: Recent Form
86 Acts, ch 1245, § 1991; 91 Acts, ch 184, §2
C93, § 216.5
95 Acts, ch 129, § 3, 4; 2007 Acts, ch 191, §2