546.2  Department of commerce.

1.  A department of commerce is created to coordinate and administer the various regulatory, service, and licensing functions of the state relating to the conducting of business or commerce in the state.

2.  The chief administrative officer of the department is the director. The director shall be appointed by the governor from among those individuals who serve as heads of the divisions within the department. A division head appointed to be the director shall fulfill the responsibilities and duties of the director in addition to the individual's responsibilities and duties as the head of a division. The director shall serve at the pleasure of the governor. If the office of director becomes vacant, the vacancy shall be filled in the same manner as the original appointment was made.

3.  The department is administratively organized into the following divisions:

a.  Banking.

b.  Credit union.

c.  Savings and loan.

d.  Utilities.

e.  Insurance.

f.  Alcoholic beverages.

g.  Professional licensing and regulation.

4.  The director shall have the following responsibilities:

a.  To establish general operating policies for the department to provide general uniformity among the divisions while providing for necessary flexibility.

b.  To assemble a department structure and strategic plan that will provide optimal decentralization of responsibilities and authorities with sufficient coordination for appropriate growth and development.

c.  To coordinate personnel services and shared administrative support services to assure maximum support and assistance to the divisions.

d.  To coordinate the development of an annual budget which quantifies the operational plans of the divisions.

e.  To identify and, with the chief administrative officers of each division, facilitate the opportunities for consolidation and efficiencies within the department.

f.  To maintain monitoring and control systems, procedures, and policies which will permit each level of responsibility to quickly and precisely measure its results with its plan and standards.

5.  The chief administrative officer of each division shall have the following responsibilities:

a.  To make rules pursuant to chapter 17A except to the extent that rulemaking authority is vested in a policymaking commission.

b.  To hire, allocate, develop, and supervise employees of the division necessary to perform duties assigned to the division by law.

c.  To supervise and direct personnel and other resources to accomplish duties assigned to the division by law.

d.  To establish fees assessed to the regulated industry except to the extent this power is vested in a policymaking commission.

6.  Each division is responsible for policymaking and enforcement duties assigned to the division under the law. Except as provided in section 546.10, subsection 3:

a.  Each division shall adopt rules pursuant to chapter 17A to implement its duties.

b.  Decisions by the divisions are final agency actions pursuant to chapter 17A.

Section History: Recent form

  86 Acts, ch 1245, § 702; 87 Acts, ch 234, §438; 93 Acts, ch 175, §20; 2000 Acts, ch 1219, §17

Internal References

  Referred to in § 7E.5


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