§ 324A.5 — Coordination of transportation services

Iowa § 324A.5

• Jurisdiction: Iowa
• Title VIII: TRANSPORTATION
• Ch. 324A: TRANSPORTATION PROGRAMS

Text

The department of health and human services and the officers and agents of other state
and local governmental units shall assist the department in carrying out section 324A.4,
subsections 1 and 2, insofar as the functions of these respective officers and departments
are concerned with the health, welfare and safety of any recipient of transportation services.
1. Any agency or organization found to be in noncompliance with section 324A.4 shall be
notified in writing by the department of those activities which are not in compliance. The
notice shall also provide for a period of thirty days during which compliance with section
324A.4 can be accomplished without penalty or sanction.
2. If noncompliant activities continue after the period of thirty days, the department shall,
in cooperation with the attorney general and the director of the department of administrative
services, initiate the following actions:
a. If the activities that are not in compliance with section 324A.4 are funded with
state or federal funds which are administered by the state and can be used by agencies
or organizations that are in compliance with section 324A.4, then upon notice by the
§324A.5, TRANSPORTATION PROGRAMS 4
department, the director of the department of administrative services shall not permit
the expenditure of ten percent of the funds during the fiscal year immediately following
the notice, an additional twenty percent of funds during the following year, an additional
thirty percent during the third year, and the remaining funds in the fourth year that the
activities remain in noncompliance. Any funds retained by the director of the department of
administrative services shall be returned to the originating state agency for redistribution to
agencies and organizations eligible to receive the funds for transportation purposes.
b. If the activities that are not in compliance with section 324A.4 are funded with state,
federal or local funds which are not administered by the state or cannot be used by agencies
and organizations that are in compliance with section 324A.4, then upon notice by the
department, the attorney general shall file an action to enjoin agencies or organizations
from expending funds for transportation purposes until and unless compliance with section
324A.4 is achieved. If federal funds are involved in such cases, then the attorney general
shall notify the responsible federal agency of the actions and request its cooperation.
c. The department of inspections, appeals, and licensing shall establish an appeal
process pursuant to chapters 10A and 17A which allows those agencies or organizations
determined to not be in compliance with this chapter an opportunity for a timely hearing
before the department of inspections, appeals, and licensing. A decision by the department
of inspections, appeals, and licensing is subject to review by the state department of
transportation. The state department of transportation’s decision is the final agency action.
Judicial review of the action of the department may be sought in accordance with chapter
17A.
d. The department shall, in accordance with chapter 17A, adopt and enforce rules
setting minimum standards for determination of compliance and certification. The rules and
standards required by this section shall be formulated in consultation with all affected state
agencies, local government units with professional and consumer groups affected, and shall
be designed to further the accomplishment of the purposes of this chapter.