1. The system of county issuance shall be implemented through the use of clusters.
2. A proposed cluster shall replace one department itinerant team. However, the proposed cluster need not be composed of precisely the same counties served by an existing department itinerant team.
3. The department shall have authority to approve proposed clusters, in accordance with the following principles:
a. Proposed clusters should avoid reducing service availability to any neighboring county not part of the cluster, below service levels offered to such county by the department. This principle applies, but is not limited to, situations where service to the neighboring county by a department itinerant team would become exceedingly difficult, or would result in reduced annual hours of service availability due to the need for changes in itinerant team assignments.
b. A cluster may elect to offer service to a neighboring county outside of the proposed cluster, if approval of a cluster by the department is opposed because of difficulties in servicing one or more counties that surround the cluster, or because the cluster would require a reduction in annual hours of service availability by the department to such counties.
c. The department shall exercise its approval authority under this section in good faith, and shall consult with the Iowa county treasurers association in making its decision regarding approval of individual clusters.
4. Prior to issuing any licenses, an approved cluster shall execute an agreement among participating counties pursuant to chapter 28E, addressing the relative rights and liabilities associated with cluster activity. A copy of this agreement, as well as any subsequent alterations or addendum, shall be filed with the department within thirty days of execution.
5. If a county within a cluster opts out of county issuance during a designated opt-out period under section 321M.3 or 321M.8, or is otherwise subject to termination of all or part of its county issuance authorization, the remaining counties in the cluster may pursue one or more of the following alternatives:
a. The counties may request that one or more counties contiguous to the counties remaining in the cluster join the cluster, in accordance with this section and other provisions of this chapter.
b. The counties may elect to provide service to the terminated county, in accordance with this section and other provisions of this chapter.
6. If a cluster subject to the provisions of subsection 5 is not approved by the department for continued service as a cluster, the individual counties in the cluster shall revert to service by the department.
98 Acts, ch 1143, §4
Referred to in §321M.3
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© 2001 Cornell College and League of Women Voters of Iowa
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