Powers and duties of agency
[C66, 71, §105A.5; C73, 75, 77, 79, 81, §601A.5] 86 Acts, ch 1245, §1991; 91 Acts, ch 184, §2 C93, §216.5 95 Acts, ch 129, §3, 4; 2007 Acts, ch 191, §2; 2016 Acts, ch 1108, §19; 2019 Acts, ch 59, §60; 2024 Acts, ch 1170, §256
The agency shall have the following powers and duties:
- 1. To receive, investigate, mediate, conciliate, and determine the merits of complaints alleging illegal discriminatory practices. The agency shall not disclose the filing of a complaint, the information gathered during the investigation, or the endeavors to eliminate such illegal discriminatory practice by mediation or conciliation, unless such disclosure is made in connection with the agency’s investigation.
- 2. To investigate compliance with conciliation agreements and pursue appropriate remedies up to and including filing in district court.
- 3. To investigate, study, and report on the existence, causes, and extent of illegal discrimination, as deemed necessary by the director.
- 4. To provide education and outreach regarding illegal discrimination, including individuals and organizations.
- 5. 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. Unless otherwise specified in this chapter, a temporary injunction may be issued only after the respondent has been notified and afforded an opportunity to be heard.
6. To hold contested case hearings upon any complaint made against a respondent, and all of the following:
- a. To subpoena witnesses and compel their attendance.
- b. To administer oaths and take the testimony of any person under oath.
- c. To compel a respondent to produce for examination any books and papers relating to the complaint.
- 7. To issue subpoenas at the request of a party in contested hearings.
- 8. To petition the district court for issuance of a subpoena and the court, in a proper case, shall issue the subpoena for contested case hearings. Refusal to obey a district court subpoena shall be subject to punishment for contempt.
- 9. To pursue the entry of a consent decree in district court for conciliation agreements.
- 10. To petition and appear before the district court for the enforcement of office orders following a contested case hearing.
- 11. To provide education opportunities and informal technical advice to local commissions regarding legal developments, case process improvements, and cooperation for cross-filing.
- 12. To prepare and transmit to the governor and the general assembly an annual report describing performance outcomes of the agency.
- 13. To make recommendations to the governor and general assembly for such further legislation concerning illegal discrimination as deemed necessary by the director.
- 14. To adopt, publish, amend, and rescind office rules pursuant to chapter 17A consistent with and necessary for the enforcement of this chapter.
- 15. To receive, administer, dispense, and account for any moneys that may be granted or voluntarily contributed to the office for furthering the purposes of this chapter.
- 16. To utilize volunteers to aid in the conduct of the agency’s duties as deemed necessary by the director.
- 17. To issue a copy of the case file to any party following the issuance of a right to sue letter, the filing of a contested case, or the filing of an action for judicial review.
- 18. To issue protective orders in case files when necessary.
[C66, 71, §105A.5; C73, 75, 77, 79, 81, §601A.5] 86 Acts, ch 1245, §1991; 91 Acts, ch 184, §2 C93, §216.5 95 Acts, ch 129, §3, 4; 2007 Acts, ch 191, §2; 2016 Acts, ch 1108, §19; 2019 Acts, ch 59, §60; 2024 Acts, ch 1170, §256