Section 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 7.

  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 and home food establishments.

  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.

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

; 2011 Acts, ch 16, §1, 5

; 2014 Acts, ch 1026, §4

For provisions concerning the transfer of powers and duties relating to the regulation of egg handlers from the department of inspections and appeals to the department of agriculture and land stewardship, see

2011 Acts, ch 16, §3

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