Bill Text: IA HF58 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act providing for an appeal procedure relating to a denial of admission to the Iowa veterans home.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-01-19 - Introduced, referred to Veterans Affairs. H.J. 99. [HF58 Detail]

Download: Iowa-2017-HF58-Introduced.html

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House File 58 - Introduced




                                 HOUSE FILE       
                                 BY  M. SMITH

                                      A BILL FOR

  1 An Act providing for an appeal procedure relating to a denial
  2    of admission to the Iowa veterans home.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1082YH (2) 87
    ec/nh

PAG LIN



  1  1    Section 1.  NEW SECTION.  35D.8  Denial of admission == appeal
  1  2 process.
  1  3    1.  If a veteran or surviving spouse of a veteran has been
  1  4 denied admission to the Iowa veterans home, the commandant or
  1  5 the commandant's designee shall notify the veteran or surviving
  1  6 spouse, in writing, of the decision, the particular basis for
  1  7 the decision, and the right of the veteran or surviving spouse
  1  8 to appeal the decision as provided in this section.
  1  9    2.  The veteran or surviving spouse may file an appeal of
  1 10 the decision denying admission with the commission within five
  1 11 calendar days of receipt of the notice of the decision.  The
  1 12 commission shall conduct a contested case proceeding pursuant
  1 13 to chapter 17A.  The commission shall render a decision on the
  1 14 appeal and notify the commandant and the veteran or surviving
  1 15 spouse of the decision in writing.
  1 16    3.  If the veteran or surviving spouse, or the commandant,
  1 17 is not satisfied with the decision of the commission, the
  1 18 veteran or surviving spouse, or the commandant, may appeal the
  1 19 commission's decision by filing an appeal with the department
  1 20 of inspections and appeals within five calendar days of
  1 21 being notified in writing of the commission's decision.  The
  1 22 department of inspections and appeals shall render a decision
  1 23 on the appeal of the commission's decision and notify the
  1 24 commandant and the veteran or surviving spouse of the decision
  1 25 in writing.
  1 26    4.  If the veteran or surviving spouse, or the commandant,
  1 27 is not satisfied with the decision of the department of
  1 28 inspections and appeals, the veteran or surviving spouse, or
  1 29 the commandant, may seek judicial review in accordance with
  1 30 chapter 17A.
  1 31                           EXPLANATION
  1 32 The inclusion of this explanation does not constitute agreement with
  1 33 the explanation's substance by the members of the general assembly.
  1 34    This bill establishes the appeal procedure if a veteran or
  1 35 surviving spouse of a veteran is denied admission to the Iowa
  2  1 veterans home.
  2  2    The bill provides that if a veteran or surviving spouse of
  2  3 a veteran is denied admission, the commandant of the veterans
  2  4 home, or the commandant's designee, shall notify the veteran
  2  5 or surviving spouse, in writing, of the decision, the basis
  2  6 for the decision, and the right to appeal the decision.  The
  2  7 bill provides that an appeal, if made, must be filed with the
  2  8 commission of veterans affairs within five calendar days of the
  2  9 notice of denial.  The commission shall conduct a contested
  2 10 case proceeding concerning the denial and notify the parties
  2 11 of the decision in writing.  The nonprevailing party then has
  2 12 five calendar days to appeal the commission's decision to the
  2 13 department of inspections and appeals.  Once the department of
  2 14 inspections and appeals renders a decision, the bill provides
  2 15 that a party not satisfied with that decision may seek judicial
  2 16 review of the decision in accordance with Code chapter 17A.
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