House File 58 - Introduced HOUSE FILE 58 BY M. SMITH A BILL FOR An Act providing for an appeal procedure relating to a denial 1 of admission to the Iowa veterans home. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1082YH (2) 87 ec/nh

H.F. 58 Section 1. NEW SECTION . 35D.8 Denial of admission —— appeal 1 process. 2 1. If a veteran or surviving spouse of a veteran has been 3 denied admission to the Iowa veterans home, the commandant or 4 the commandant’s designee shall notify the veteran or surviving 5 spouse, in writing, of the decision, the particular basis for 6 the decision, and the right of the veteran or surviving spouse 7 to appeal the decision as provided in this section. 8 2. The veteran or surviving spouse may file an appeal of 9 the decision denying admission with the commission within five 10 calendar days of receipt of the notice of the decision. The 11 commission shall conduct a contested case proceeding pursuant 12 to chapter 17A. The commission shall render a decision on the 13 appeal and notify the commandant and the veteran or surviving 14 spouse of the decision in writing. 15 3. If the veteran or surviving spouse, or the commandant, 16 is not satisfied with the decision of the commission, the 17 veteran or surviving spouse, or the commandant, may appeal the 18 commission’s decision by filing an appeal with the department 19 of inspections and appeals within five calendar days of 20 being notified in writing of the commission’s decision. The 21 department of inspections and appeals shall render a decision 22 on the appeal of the commission’s decision and notify the 23 commandant and the veteran or surviving spouse of the decision 24 in writing. 25 4. If the veteran or surviving spouse, or the commandant, 26 is not satisfied with the decision of the department of 27 inspections and appeals, the veteran or surviving spouse, or 28 the commandant, may seek judicial review in accordance with 29 chapter 17A. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill establishes the appeal procedure if a veteran or 34 surviving spouse of a veteran is denied admission to the Iowa 35 -1- LSB 1082YH (2) 87 ec/nh 1/ 2

H.F. 58 veterans home. 1 The bill provides that if a veteran or surviving spouse of 2 a veteran is denied admission, the commandant of the veterans 3 home, or the commandant’s designee, shall notify the veteran 4 or surviving spouse, in writing, of the decision, the basis 5 for the decision, and the right to appeal the decision. The 6 bill provides that an appeal, if made, must be filed with the 7 commission of veterans affairs within five calendar days of the 8 notice of denial. The commission shall conduct a contested 9 case proceeding concerning the denial and notify the parties 10 of the decision in writing. The nonprevailing party then has 11 five calendar days to appeal the commission’s decision to the 12 department of inspections and appeals. Once the department of 13 inspections and appeals renders a decision, the bill provides 14 that a party not satisfied with that decision may seek judicial 15 review of the decision in accordance with Code chapter 17A. 16 -2- LSB 1082YH (2) 87 ec/nh 2/ 2