Section 481.1.1. Organization.

       1.1(1) Overview of the department. The Iowa department of inspections and appeals was established by Iowa Code sections 10A.101 to 10A.801. The chief executive officer of the department is the director of the department of inspections and appeals who shall be appointed by the governor to serve at the pleasure of the governor subject to confirmation by the senate no less frequently than every four years.

       1.1(2) Appointment of deputy. The director is assisted by a deputy director who is appointed by the director of inspections and appeals.

       1.1(3) Organization of department. The department is organized into divisions which are further divided into bureaus and units.

       1.1(4) Director’s duties. The director has general supervision over the administration and operation of all divisions. The director also develops statewide programs in compliance with the goals of the department.

       1.1(5) Deputy director’s duties. The deputy director serves as the principal deputy to the director. The deputy director represents the director in various capacities as directed.

       1.1(6) Issuance of subpoenas. The director, or designee of the director, shall have the authority to issue subpoenas in accordance with the provisions of Iowa Code sections 10A.104(6) and 17A.13. In connection with audits, appeals, investigations, inspections, hearings, and any other permissible matters conducted by the department, the director, or designee of the director, may, upon the written request of a department employee or on the director’s own initiative:

        a.          Issue subpoena duces tecum for the production and delivery of books, papers, records and other real evidence; and

        b.           Issue subpoenas for the appearance of persons to provide statements, statements under oath and depositions.

       1.1(7) Contents of subpoenas. Each subpoena shall contain the following:

        a.           The name and address of the person to whom the subpoena is directed;

        b.           The date, time and location for the appearance of the person;

        c.           A description of the books, papers, records or other real evidence requested;

        d.           The date, time and location for production, inspections, or copying of the books, papers, records or other real evidence;

        e.           The signature and address of the director or designee;

        f.            The name, address and telephone number of a department employee who can be contacted for purposes of providing clarification or assistance in compliance with the subpoena;

        g.           The date of issuance; and

        h.           A return of service.

       1.1(8) Motions to quash or modify subpoena. A person who desires to challenge a subpoena directed to that person must, within ten days after service of the subpoena, or before the time specified for compliance, if such time is less than ten days, file with the director a motion to quash or modify the subpoena. Upon receipt of a timely motion to quash or modify a subpoena, the director or the director’s designee may issue a decision or request an administrative law judge to issue a decision. Oral argument may be scheduled and conducted at the discretion of the director or the director’s designee or the administrative law judge. The director or the director’s designee or the administrative law judge may quash or modify the subpoena, deny the motion, or issue other appropriate orders. A person aggrieved by a ruling of an administrative law judge and who desires to challenge that ruling must appeal the ruling to the director by serving the director, either in person or by certified mail, a notice of appeal within ten days after service of the decision of the administrative law judge. The director’s or the director’s designee’s decision is final for purposes of judicial review.

       1.1(9) Failure to comply with subpoena. If the person to whom the subpoena is directed refuses or fails to obey the subpoena, the director, or the director’s designee, may cause a petition to be filed in the Iowa district court seeking an order for the person’s compliance. Failure to obey orders of that court shall render the person in contempt of the court and subject to penalties provided for that offense.

[ARC 8431B, IAB 12/30/09, effective 2/3/10]