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House File 95 - IntroducedA Bill ForAn Act 1providing for an appeal procedure relating to a denial
2of admission to the Iowa veterans home.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 35D.8 Denial of admission — appeal
2process.
31. If a veteran or surviving spouse of a veteran has been
4denied admission to the Iowa veterans home, the commandant or
5the commandant’s designee shall notify the veteran or surviving
6spouse, in writing, of the decision, the particular basis for
7the decision, and the right of the veteran or surviving spouse
8to appeal the decision as provided in this section.
92. The veteran or surviving spouse may file an appeal of
10the decision denying admission with the commission within five
11calendar days of receipt of the notice of the decision. The
12commission shall conduct a contested case proceeding pursuant
13to chapter 17A. The commission shall render a decision on the
14appeal and notify the commandant and the veteran or surviving
15spouse of the decision in writing.
163. If the veteran or surviving spouse, or the commandant,
17is not satisfied with the decision of the commission, the
18veteran or surviving spouse, or the commandant, may appeal the
19commission’s decision by filing an appeal with the department
20of inspections and appeals within five calendar days of
21being notified in writing of the commission’s decision. The
22department of inspections and appeals shall render a decision
23on the appeal of the commission’s decision and notify the
24commandant and the veteran or surviving spouse of the decision
25in writing.
264. If the veteran or surviving spouse, or the commandant,
27is not satisfied with the decision of the department of
28inspections and appeals, the veteran or surviving spouse, or
29the commandant, may seek judicial review in accordance with
30chapter 17A.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill establishes the appeal procedure if a veteran or
35surviving spouse of a veteran is denied admission to the Iowa
-1-1veterans home.
2The bill provides that if a veteran or surviving spouse of
3a veteran is denied admission, the commandant of the veterans
4home, or the commandant’s designee, shall notify the veteran
5or surviving spouse, in writing, of the decision, the basis
6for the decision, and the right to appeal the decision. The
7bill provides that an appeal, if made, must be filed with the
8commission of veterans affairs within five calendar days of the
9notice of denial. The commission shall conduct a contested
10case proceeding concerning the denial and notify the parties
11of the decision in writing. The nonprevailing party then has
12five calendar days to appeal the commission’s decision to the
13department of inspections and appeals. Once the department of
14inspections and appeals renders a decision, the bill provides
15that a party not satisfied with that decision may seek judicial
16review of the decision in accordance with Code chapter 17A.
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2of admission to the Iowa veterans home.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 35D.8 Denial of admission — appeal
2process.
31. If a veteran or surviving spouse of a veteran has been
4denied admission to the Iowa veterans home, the commandant or
5the commandant’s designee shall notify the veteran or surviving
6spouse, in writing, of the decision, the particular basis for
7the decision, and the right of the veteran or surviving spouse
8to appeal the decision as provided in this section.
92. The veteran or surviving spouse may file an appeal of
10the decision denying admission with the commission within five
11calendar days of receipt of the notice of the decision. The
12commission shall conduct a contested case proceeding pursuant
13to chapter 17A. The commission shall render a decision on the
14appeal and notify the commandant and the veteran or surviving
15spouse of the decision in writing.
163. If the veteran or surviving spouse, or the commandant,
17is not satisfied with the decision of the commission, the
18veteran or surviving spouse, or the commandant, may appeal the
19commission’s decision by filing an appeal with the department
20of inspections and appeals within five calendar days of
21being notified in writing of the commission’s decision. The
22department of inspections and appeals shall render a decision
23on the appeal of the commission’s decision and notify the
24commandant and the veteran or surviving spouse of the decision
25in writing.
264. If the veteran or surviving spouse, or the commandant,
27is not satisfied with the decision of the department of
28inspections and appeals, the veteran or surviving spouse, or
29the commandant, may seek judicial review in accordance with
30chapter 17A.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill establishes the appeal procedure if a veteran or
35surviving spouse of a veteran is denied admission to the Iowa
-1-1veterans home.
2The bill provides that if a veteran or surviving spouse of
3a veteran is denied admission, the commandant of the veterans
4home, or the commandant’s designee, shall notify the veteran
5or surviving spouse, in writing, of the decision, the basis
6for the decision, and the right to appeal the decision. The
7bill provides that an appeal, if made, must be filed with the
8commission of veterans affairs within five calendar days of the
9notice of denial. The commission shall conduct a contested
10case proceeding concerning the denial and notify the parties
11of the decision in writing. The nonprevailing party then has
12five calendar days to appeal the commission’s decision to the
13department of inspections and appeals. Once the department of
14inspections and appeals renders a decision, the bill provides
15that a party not satisfied with that decision may seek judicial
16review of the decision in accordance with Code chapter 17A.
-2-mo/rn