Bill Text: IA HF95 | 2019-2020 | 88th General Assembly | Introduced
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) 2019-01-24 - Introduced, referred to Veterans Affairs. H.J. 141. [HF95 Detail]
Download: Iowa-2019-HF95-Introduced.html
House
File
95
-
Introduced
HOUSE
FILE
95
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
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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
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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
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