CHAPTER 91
LABOR SERVICES DIVISION

Referred to in §84A.5, §455B.135, §455B.390

  91.1  Labor commissioner.
  The division of labor services of the department of workforce development, created under section 84A.1, is under the control of a labor commissioner, who shall have an office at the seat of government and shall devote the commissioner’s entire time to the duties of the office.
[C97, §2469; S13, §2469; C24, 27, 31, 35, 39, §1510; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §91.1]
86 Acts, ch 1245, §918; 96 Acts, ch 1186, §23

  91.2  Appointment.
  The governor shall appoint, subject to confirmation by the senate, a labor commissioner who shall serve for a period of six years beginning and ending as provided in section 69.19.
[C97, §2469; S13, §2470; C24, 27, 31, 35, 39, §1511; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 82, §91.2]
85 Acts, ch 51, §1, 2; 86 Acts, ch 1245, §919
Referred to in §73A.21, §84A.5, §88.2, §88.3, §89A.1, §90A.1, §91E.1, §94A.1, §626.76
Confirmation, see §2.32 
  91.3  Reserved. 

  91.4  Duties and powers.
  1.  The duties of said commissioner shall be:
  a.  To safely keep all records, papers, documents, correspondence, and other property pertaining to or coming into the commissioner’s hands by virtue of the office, and deliver the same to the commissioner’s successor, except as otherwise provided.
  b.  To collect, assort, and systematize statistical details relating to programs of the division of labor services.
  c.  To issue from time to time bulletins containing information of importance to the industries of the state and to the safety of wage earners.
  d.  To conduct and to cooperate with other interested persons and organizations in conducting educational programs and projects on employment safety.
  e.  To serve as an ex officio member of the state fire service and emergency response council, or appoint a designee to serve as an ex officio member of such council, to assist the council in the development of rules relating to fire fighting training standards and any other issues relating to occupational safety and health standards for fire fighters.
  2.  The director of the department of workforce development, in consultation with the labor commissioner, shall, at the time provided by law, make an annual report to the governor setting forth in appropriate form the business and expense of the division of labor services for the preceding year, the number of remedial actions taken under chapter 89A, the number of disputes or violations processed by the division and the disposition of the disputes or violations, and other matters pertaining to the division which are of public interest, together with recommendations for change or amendment of the laws in this chapter and chapters 88, 88A, 88B, 89, 89A, 89B, 90A, 91A, 91C, 91D, 91E, 92, and 94A, and section 85.68, and the recommendations, if any, shall be transmitted by the governor to the first general assembly in session after the report is filed.
  3.  The commissioner, with the assistance of the office of the attorney general if requested by the commissioner, may commence a civil action in any court of competent jurisdiction to enforce the statutes under the commissioner’s jurisdiction.
  4.  The division of labor services may sell documents printed by the division at cost according to rules established by the labor commissioner pursuant to chapter 17A. Receipts from the sale shall be deposited to the credit of the division and may be used by the division for administrative expenses.
  5.  Except as provided in chapter 91A, the commissioner may recover interest, court costs, and any attorney fees incurred in recovering any amounts due. The recovery shall only take place after final agency action is taken under chapter 17A, or upon judicial review, after final disposition of the case by the court. Attorney fees recovered in an action brought under the jurisdiction of the commissioner shall be deposited in the general fund of the state. The commissioner is exempt from the payment of any filing fee or other court costs including but not limited to fees paid to county sheriffs.
  6.  The commissioner may establish rules pursuant to chapter 17A to assess and collect interest on fees, penalties, and other amounts due the division. The commissioner may delay or, following written notice, deny the issuance of a license, commission, registration, certificate, or permit authorized under chapter 88A, 89, 89A, 90A, 91C, or 94A if the applicant for the license, commission, registration, certificate, or permit owes a liquidated debt to the commissioner.
[C97, §2469, 2470; S13, §2469, 2470; C24, 27, 31, 35, 39, §1513; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §91.4]
86 Acts, ch 1244, §15; 86 Acts, ch 1245, §920; 91 Acts, ch 136, §3; 92 Acts, ch 1098, §6; 93 Acts, ch 180, §58; 96 Acts, ch 1186, §23; 99 Acts, ch 68, §14, 15; 99 Acts, ch 130, §8; 2000 Acts, ch 1117, §7; 2006 Acts, ch 1053, §1; 2006 Acts, ch 1185, §117; 2007 Acts, ch 211, §34; 2010 Acts, ch 1015, §7; 2011 Acts, ch 34, §23

  91.5  Other duties — jurisdiction in general.
  The commissioner shall have jurisdiction and it shall be the commissioner’s duty to supervise the enforcement of:
  1.  All laws relating to safety appliances and inspection thereof and health conditions in manufacturing and mercantile establishments, workshops, machine shops, other industrial concerns within the commissioner’s jurisdiction and sanitation and shelter for railway employees.
  2.  All laws of the state relating to child labor.
  3.  All laws relating to employment agencies.
  4.  Such other provisions of law as are now or shall hereafter be within the commissioner’s jurisdiction.
[S13, §2477-f; SS15, §2477-g1, 4999-a5, -a10; C24, 27, 31, 35, 39, §1514; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §91.5]
86 Acts, ch 1245, §921

  91.6  Rules.
  The commissioner shall adopt rules pursuant to chapter 17A for the purpose of administering this chapter and all other chapters under the commissioner’s jurisdiction.
89 Acts, ch 26, §1
Referred to in §73A.21
  91.7  Reserved. 

  91.8  Traveling expenses.
  The commissioner, inspectors and other employees of the office shall be allowed their necessary traveling expenses while in the discharge of their duties.
[C97, §2477; S13, §2477; C24, 27, 31, 35, 39, §1517; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §91.8; 81 Acts, ch 10, §10]

  91.9  Right to enter premises.
  The labor commissioner and the inspectors shall have the power to enter any factory or mill, workshop, mine, store, railway facility, including locomotive or caboose, business house, public or private work, when the same is open or in operation, for the purpose of gathering facts and statistics such as are contemplated by this chapter, and to examine into the methods of protection from danger to employees, and the sanitary conditions in and around such buildings and places, and make a record thereof.
[C97, §2472; S13, §2472; C24, 27, 31, 35, 39, §1518; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §91.9]

  91.10  Power to secure evidence.
  The labor commissioner, or the commissioner’s designee, may issue subpoenas, administer oaths, and take testimony in all matters relating to the duties required of them. Witnesses subpoenaed and testifying before the commissioner or the commissioner’s designee shall be paid the same fees as witnesses under section 622.69, payment to be made out of the funds appropriated to the division of labor services.
[C97, §2471; S13, §2471; C24, 27, 31, 35, 39, §1519; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §91.10]
83 Acts, ch 186, §10041, 10201; 99 Acts, ch 68, §16

  91.11  Prosecutions for violations.
  If the commissioner learns of any violation of any law administered by the division, the commissioner may give the county attorney of the county in which the violation occurred written notice of the facts, whereupon that officer shall institute the proper proceedings against the person charged with the offense.
  If the commissioner is of the opinion that the violation is not willful, or is an oversight or of a trivial nature, the commissioner may at the commissioner’s discretion fix a time within which the violation shall be corrected and notify the owner, operator, superintendent, or person in charge, and if corrected within the time fixed, then the commissioner shall not cause prosecution to be begun.
[C97, §2472; S13, §2472; C24, 27, 31, 35, 39, §1520; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §91.11]
99 Acts, ch 68, §17
Referred to in §331.756(17)

  91.12  Reports and records to division of labor services.
  1.  An owner, operator, or manager of every factory, mill, workshop, mine, store, railway, business house, public or private work, or any other establishment where labor is employed, shall submit to the division of labor services reports in the form and manner prescribed by the commissioner, for the purpose of compiling labor statistics. The owner, operator, or business manager shall submit the reports within sixty days from receipt of notice, and shall certify under oath the accuracy of the reports.
  2.  Notwithstanding chapter 22, records containing identifiable financial institution or credit card account numbers obtained by the commissioner shall be kept confidential.
[C97, §2474; S13, §2474; C24, 27, 31, 35, 39, §1521; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §91.12]
98 Acts, ch 1105, §4
91.13 and 91.14Reserved. 

  91.15  Definition of terms.
  The expressions “factory”, “mill”, “workshop”, “mine”, “store”, “railway”, “business house”, and “public or private work”, as used in this chapter, shall be construed to mean any factory, mill, workshop, mine, store, railway, business house, public or private work, where wage earners are employed for a compensation.
[C97, §2473; SS15, §2473; C24, 27, 31, 35, 39, §1524; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §91.15]

  91.16  Violations — penalties.
  Persons violating any of the provisions of this chapter shall be punished as in this section provided, respectively:
  1.  Any owner, superintendent, manager, or person in charge of any factory, mill, workshop, store, mine, hotel, restaurant, cafe, railway, business house, public or private work, who shall refuse to allow the labor commissioner or any inspector or employee of the division of labor services to enter the same, or who shall hinder or deter the commissioner, inspector, or employee in collecting information which it is that person’s duty to collect shall be guilty of a simple misdemeanor.
  2.  Any officer or employee of the division of labor services, or any person making unlawful use of names or information obtained by virtue of the person’s office, shall be guilty of a serious misdemeanor.
  3.  Any owner, operator, or manager of a factory, mill, workshop, mine, store, railway, business house, public or private work, who shall neglect or refuse for thirty days after receipt of notice from the commissioner to furnish any reports or returns the commissioner may require to enable the commissioner to discharge the commissioner’s duties shall be guilty of a simple misdemeanor.
[C97, §2471, 2472, 2474, 2475; S13, §2471, 2472, 2474; C24, 27, 31, 35, 39, §1525; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §91.16]
2007 Acts, ch 22, §24
91.17 and 91.18Repealed by 85 Acts, ch 195, §67.