HF 95 (LSB 1906YH (2) 88)

HOUSE FILE 95

BY  M. SMITH

A BILL FOR

An Act providing for an appeal procedure relating to a denial of admission to the Iowa veterans home.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  35D.8  Denial of admission —— appeal process.
   1.  If a veteran or surviving spouse of a veteran has been denied admission to the Iowa veterans home, the commandant or the commandant’s designee shall notify the veteran or surviving spouse, in writing, of the decision, the particular basis for the decision, and the right of the veteran or surviving spouse to appeal the decision as provided in this section.
   2.  The veteran or surviving spouse may file an appeal of the decision denying admission with the commission within five calendar days of receipt of the notice of the decision. The commission shall conduct a contested case proceeding pursuant to chapter 17A. The commission shall render a decision on the appeal and notify the commandant and the veteran or surviving spouse of the decision in writing.
   3.  If the veteran or surviving spouse, or the commandant, is not satisfied with the decision of the commission, the veteran or surviving spouse, or the commandant, may appeal the commission’s decision by filing an appeal with the department of inspections and appeals within five calendar days of being notified in writing of the commission’s decision. The department of inspections and appeals shall render a decision on the appeal of the commission’s decision and notify the commandant and the veteran or surviving spouse of the decision in writing.
   4.  If the veteran or surviving spouse, or the commandant, is not satisfied with the decision of the department of inspections and appeals, the veteran or surviving spouse, or the commandant, may seek judicial review in accordance with chapter 17A.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes the appeal procedure if a veteran or surviving spouse of a veteran is denied admission to the Iowa veterans home.
   The bill provides that if a veteran or surviving spouse of a veteran is denied admission, the commandant of the veterans home, or the commandant’s designee, shall notify the veteran or surviving spouse, in writing, of the decision, the basis for the decision, and the right to appeal the decision. The bill provides that an appeal, if made, must be filed with the commission of veterans affairs within five calendar days of the notice of denial. The commission shall conduct a contested case proceeding concerning the denial and notify the parties of the decision in writing. The nonprevailing party then has five calendar days to appeal the commission’s decision to the department of inspections and appeals. Once the department of inspections and appeals renders a decision, the bill provides that a party not satisfied with that decision may seek judicial review of the decision in accordance with Code chapter 17A.