Fill and Sign the Resignation Letter for Service Crew Form

IAC 8/24/11 Veterans Affairs[801] Analysis, p.1 VETERANS AFFAIRS, IOWA DEPARTMENT OF[801] Created by 1992 Iowa Acts, chapter 1140, section 8 [Prior to 8/21/91, see Veterans Affairs Department[841]] [Prior to 1/6/93, see Veterans Affairs Division[613]] 1.1(35,35A,35D) 1.2(35,35A,35D) 1.3(35,35A) 1.4(35A,35D) 1.5(35A) 1.6 CHAPTER 1 ORGANIZATION AND PROCEDURES Definitions Commission Executive director Commandant Iowa Veterans Cemetery Reserved ARMED FORCES GRAVES REGISTRATION 1.7(35A,35B) 1.8 and 1.9 Armed forces graves registration Reserved 1.10 Reserved 1.11(35) Merchant marine war bonus WAR ORPHANS EDUCATIONAL AID MERCHANT MARINE WAR BONUS CHAPTER 2 PETITION FOR RULE MAKING (Uniform Rules) 2.1(17A) 2.3(17A) Petition for rule making Inquiries CHAPTER 3 DECLARATORY RULINGS (Uniform Rules) 3.1(17A) 3.3(17A) Petition for declaratory ruling Inquiries CHAPTER 4 AGENCY PROCEDURE FOR RULE MAKING (Uniform Rules) 4.3(17A) 4.4(17A) 4.5(17A) 4.6(17A) 4.11(17A) 4.13(17A) 4.14(17A,35D) 4.15(17A,35D) Public rule-making docket Notice of proposed rule making Public participation Regulatory flexibility analysis Concise statement of reasons Agency rule-making record Uniform waiver rule Procedures for granting waivers CHAPTER 5 Reserved CHAPTER 6 FAIR INFORMATION PRACTICES (Uniform Rules) 6.1(17A,22) 6.3(17A,22) Definitions Request for access to records Analysis, p.2 6.6(17A,22) 6.7(17A,22) 6.8(17A,22) 6.9(17A,22) 6.10(17A,22) 6.11(17A,21,22) 6.12(17A,22) 6.13(17A,22) 6.14(17A,22) 6.15(17A,22) Veterans Affairs[801] IAC 8/24/11 Procedure by which additions, dissents, or objections may be entered into certain records Consent to disclosure by the subject of a confidential record Notice to suppliers of information Release to subject Disclosure without consent of the subject Availability of records Personally identifiable information Other groups of records Data processing system Applicability CHAPTER 7 COUNTY COMMISSIONS OF VETERAN AFFAIRS FUND AND TRAINING PROGRAM 7.1(35A,35B) County commissions of veteran affairs fund 7.2(35A,35B) County commission of veteran affairs training program 7.3(35A,35B) Report to the general assembly 8.1(17A,35) 8.2(17A,35) 8.3(17A,35) CHAPTER 8 CONTESTED CASES Scope and applicability Definitions Complaint procedure 9.1(35) 9.2(35) 9.3(35) 9.4(35) 9.5(35) CHAPTER 9 WAR ORPHANS EDUCATIONAL ASSISTANCE FUND War orphans educational assistance fund Program for children of veterans who died before September 11, 2001 Program for children of veterans who died on or after September 11, 2001 General requirements Application process 10.1(35D) 10.2(35D) 10.3(35D) 10.4(35D) 10.5(35D) 10.6(35D) 10.7 to 10.10 10.11(35D) 10.12(35D) 10.13 10.14(35D) 10.15(35D) 10.16(35D) 10.17(35D) 10.18(35D) 10.19(35D) 10.20(35D) 10.21(35D) 10.22(35D) CHAPTER 10 IOWA VETERANS HOME Definitions relevant to Iowa Veterans Home Eligibility requirements Application Application processing Applicant’s responsibilities Admission to IVH Reserved Member rights Member responsibilities Reserved Computation of member support Per diems Assets Divestment of assets Commencement of civil action Income Other income Fraud Overcharges IAC 8/24/11 Veterans Affairs[801] 10.23(35D) 10.24 to 10.29 10.30(35D) 10.31 to 10.34 10.35(35D) 10.36(35D) 10.37 to 10.39 10.40(35D) 10.41(35D) 10.42(35D) 10.43(35D) 10.44 Penalty Reserved Incentive therapy and nonprofit rehabilitative programs Reserved Handling of pension money and other funds Leave, bed holds and 96-hour passes Reserved Requirements for member conduct County of settlement upon discharge Disposition of personal property and funds Rule enforcement—power to suspend and discharge members Reserved 10.45(35A,35D) 10.46(35A,35D) 10.47(35D) 10.48 and 10.49 Applicant appeal process Member appeal process Involuntary discharge appeal Reserved 10.50(35D) 10.51(35D) 10.52(35D) 10.53(35D) 10.54(35D) 10.55(35D) 10.56(35D) 10.57(35D) Visitors Mail Interviews and statements Donations Photographing and recording of members and use of cameras Use of grounds and facilities Nonmember use of cottages Operating motor vehicles on grounds 11.1(35A) 11.2(35A) 11.3(35A) 11.4(35A) 11.5(35A) CHAPTER 11 INJURED VETERANS GRANT PROGRAM Purpose Grant amounts Eligible veterans Notification and application procedures Taxability APPEAL PROCESS GROUNDS AND FACILITY ADMINISTRATION 12.1(82GA,SF2425) 12.2(82GA,SF2425) 12.3(82GA,SF2425) 12.4(82GA,SF2425) 12.5(82GA,SF2425) 12.6(82GA,SF2425) 12.7(82GA,SF2425) 12.8(82GA,SF2425) 13.1(35A) 13.2(35A) 13.3(35A) 13.4(35A) CHAPTER 12 COUNTY GRANT PROGRAM FOR VETERANS Purpose Grant amounts Application procedure Assessment of applications Application decision Grant agreement Appeals Recovery of funds CHAPTER 13 VIETNAM CONFLICT VETERANS BONUS Bonus for persons serving in the Vietnam service area Bonus for persons serving outside the Vietnam service area Other Vietnam veterans compensation Definition of active duty Analysis, p.3 Analysis, p.4 13.5(35A) 13.6(35A) 13.7(35A) 13.8(35A) 13.9(35A) 13.10(35A) Veterans Affairs[801] Survivor compensation Persons not eligible for compensation Penalties Tax exemption Application procedures and determination of eligibility Bonus restrictions and limitations CHAPTER 14 VETERANS TRUST FUND 14.1(35A) 14.2(35A) 14.3(35A) 14.4(35A) 14.5(35A) 14.6(35A) 14.7(35A) Purpose Definition Eligibility Benefits available Application procedure Recovery of erroneous payments Appeal rights 15.1(37A) 15.2(37A) 15.3(37A) 15.4(37A) 15.5(37A) 15.6(37A) CHAPTER 15 VETERANS COMMEMORATIVE PROPERTY Purpose Definitions Notification procedure Transaction approval Appeals Penalty CHAPTER 16 LIMITED RESIDENCY VIETNAM CONFLICT VETERANS BONUS 16.1(82GA,HF2283) Bonus for persons serving in the Vietnam service area 16.2(82GA,HF2283) Bonus for persons serving outside the Vietnam service area 16.3(82GA,HF2283) Definition of active duty 16.4(82GA,HF2283) Survivor compensation 16.5(82GA,HF2283) Penalties 16.6(82GA,HF2283) Tax exemption 16.7(82GA,HF2283) Application procedures and determination of eligibility 16.8(82GA,HF2283) Bonus restrictions and limitations IAC 8/24/11 IAC 6/3/09 Veterans Affairs[801] Ch 1, p.1 CHAPTER 1 ORGANIZATION AND PROCEDURES [Prior to 6/21/91, see Veterans Affairs Department[841] Chs 1, 3, 5] [Prior to 1/6/93, see Veterans Affairs Division[613] Chs 1, 3, 5] 801—1.1(35,35A,35D) Definitions. The following definitions are unique to the department of veterans affairs: “Annual school of instruction” means annual classroom certification and recertification training sponsored by the department for county veteran service officers to meet accreditation requirements of the National Association of County Veteran Service Officers (NACVSO). “Armed forces graves” means graves of any individuals who die during or after discharge from honorable service in the army, navy, air force, marines, merchant marines, coast guard, or as a federally activated reservist or member of the national guard, and are buried within the state of Iowa. “Cemetery” means the Iowa Veterans Cemetery. “Certificate of training” means a certificate provided to a county veteran service officer upon satisfactory completion of an annual school of instruction. “Commandant” means the commandant of the Iowa Veterans Home. “Commission” means the Iowa commission of veterans affairs. “Commissioner” means a member of the Iowa commission of veterans affairs. “County commission” means a county commission of veteran affairs. “County commissioner” means a member of a county commission of veteran affairs. “County veteran service officer” means an executive director or administrator of a county commission. “Department” means the Iowa department of veterans affairs. “Executive director” means the executive director of the Iowa department of veterans affairs. [ARC 7825B, IAB 6/3/09, effective 7/8/09] 801—1.2(35,35A,35D) Commission. The commission is established and operates in accordance with Iowa Code chapter 35A. 1.2(1) Office location. The commission maintains its office at the Iowa Department of Veterans Affairs at Camp Dodge. The mailing address is: Iowa Commission of Veterans Affairs, c/o Camp Dodge, Building A6A, 7105 NW 70th Avenue, Johnston, Iowa 50131-1824. The telephone number is (515)242-5331 or 1-800-838-4692 (1-800-VET-IOWA). 1.2(2) Meetings and conduct of business. a. Meetings. Regular meetings of the commission shall be held four times a year during the months of January, April, July, and September at 10 a.m. Notice of the time, place, and tentative agenda of all meetings shall be posted on the bulletin board located in the office of the governor 24 hours prior to the meeting. The agenda for each meeting shall include a reasonable time period for public comment. Special meetings shall be held pursuant to call by the chairperson. Notice of time and place shall be posted in the same manner as a regular meeting. b. A quorum shall consist of two-thirds of the membership appointed and qualified to vote. c. A quorum is required to carry a position. d. Copies of minutes shall be kept on file in the office of the department. e. In cases not covered by these rules, Robert’s Rules of Order shall govern. f. An equal number of meetings shall be conducted at Camp Dodge and the Iowa Veterans Home. 1.2(3) Duties. The duties of the commission are as follows: a. Organize and annually select a chairperson, a senior vice-chairperson and a junior vice-chairperson at the first meeting of each state fiscal year. b. Supervise the commandant’s administration of commission policy for the operation and conduct of the Iowa Veterans Home as set out in rule 801—1.4(35A,35D) and 801—Chapter 10. c. Review proposed administrative rules submitted by the department concerning the management and operation of the department. Unless the commission votes to disapprove a proposed rule on a two-thirds vote at the earlier of the next regularly scheduled meeting of the commission or a special Ch 1, p.2 Veterans Affairs[801] IAC 6/3/09 meeting of the commission called by the commission within 30 days of the date the proposed rule is submitted, the department may proceed to adopt the rule. d. Advise and make recommendations to the department, the general assembly, and the governor concerning issues involving and impacting veterans in this state. e. Advise and make recommendations to the general assembly and the governor concerning the management and operation of the department. f. Conduct an equal number of meetings at Camp Dodge and the Iowa Veterans Home. The agenda for each meeting shall include a reasonable time period for public comment. g. Administer the Iowa veterans trust fund pursuant to 801—Chapter 14, Iowa Administrative Code. h. Maintain and authorize expenditures from the veterans license fee fund to fulfill the responsibilities of the commission pursuant to Iowa Code section 35A.11. [ARC 7825B, IAB 6/3/09, effective 7/8/09] 801—1.3(35,35A) Executive director. The executive director is responsible for administering the duties of the department and the commission other than those related to the Iowa Veterans Home. 1.3(1) Office location and hours. The office of the executive director is located at Camp Dodge, Building A6A, 7105 NW 70th Avenue, Johnston, Iowa 50131-1824. The office is open to the public during the hours of 8 a.m. to 4:30 p.m. except Saturday, Sunday, and holidays. The telephone number is (515)242-5331 or 1-800-838-4692 (1-800-VET-IOWA). 1.3(2) Administrative staff. The executive director provides direction to administrative staff employed by the department to assist the executive director in carrying out assigned duties. 1.3(3) Investigation of applications. The executive director shall examine all applications and approve or disapprove same and make any investigation necessary to establish facts regarding veterans service status and veterans affairs data in accordance with Iowa Code chapters 35 and 35A. 1.3(4) Duties. The duties of the department are as follows: a. Maintain and disseminate information to veterans and the public regarding facilities, benefits, and services available to veterans and their families and assist veterans and their families in obtaining such benefits and services. b. Maintain information and data concerning the military service of Iowa veterans. c. Assist county veteran affairs commissions established pursuant to Iowa Code chapter 35B. The department shall provide to county commissions suggested uniform benefits and administrative procedures for carrying out the functions and duties of the county commissions. The department shall also ensure compliance of county commissions with required office hours. d. Permanently maintain the records including certified records of bonus applications for awards paid from the war orphans educational fund under Iowa Code chapter 35. e. Collect and maintain information concerning veterans affairs. f. Assist the United States Department of Veterans Affairs, the Iowa Veterans Home, funeral directors, and federally chartered veterans service organizations in providing information concerning veterans’ service records and veterans affairs data. g. Maintain alphabetically a permanent registry of the graves of all persons who served in the military, naval, or merchant marine forces of the United States in time of war and whose mortal remains rest in Iowa. h. After consultation with the commission and the Iowa Association of County Veteran Service Officers, provide certification training to officers and county support staff pursuant to 2008 Iowa Acts, chapter 1130, section 3, and Iowa Code section 35B.6 as amended by 2008 Iowa Acts, chapter 1130, section 4. Training provided shall include accreditation by the National Association of County Veteran Service Officers. Continuing education training shall be provided by the department to meet the requirements established by the National Association of County Veteran Service Officers and to ensure that each officer is proficient in the use of electronic mail, general computer use, and use of the Internet to access information regarding facilities, benefits, and services available to veterans and their families. The department shall provide two schools of instruction annually. At least one school each year will IAC 6/3/09 Veterans Affairs[801] Ch 1, p.3 provide continuing education requirements sufficient to maintain national accreditation and at least one school each year will provide accreditation training for nonaccredited officers, if needed. i. Provide an annual training course for county commissioners of veteran affairs. j. Establish and operate a state veterans cemetery pursuant to Iowa Code section 35A.5, subsection 10. k. Authorize the sale, trade, or transfer of veterans commemorative property pursuant to Iowa Code chapter 37A and 801—Chapter 15, Iowa Administrative Code. l. Adopt rules pursuant to Iowa Code chapter 17A and establish policy for the management and operation of the department. Prior to adopting rules, the department shall submit proposed rules to the commission for review pursuant to the requirements of Iowa Code section 35A.3. m. Provide information requested by the commission concerning the management and operation of the department and the programs administered by the department. n. Carry out the policies of the department. [ARC 7825B, IAB 6/3/09, effective 7/8/09] 801—1.4(35A,35D) Commandant. The commandant is responsible for administering and enforcing all rules adopted by the commission pertaining to the operation of the Iowa Veterans Home. 1.4(1) Office location and hours. The office of the commandant is located in the Sheeler Building at the Iowa Veterans Home, 1301 Summit, Marshalltown, Iowa 50158-5485. The office is open to the public during the hours of 8 a.m. to 4:30 p.m. except Saturday, Sunday, and holidays. The telephone number is (515)752-1501. In cases of emergencies after hours, the commandant or designee may be reached at that telephone number. 1.4(2) Biennial report. The commandant shall make a full and detailed report biennially regarding matters pertaining to the Iowa Veterans Home in accordance with Iowa Code section 35D.17. 801—1.5(35A) Iowa Veterans Cemetery. The department shall operate and administer the Iowa Veterans Cemetery in accordance with United States Department of Veterans Affairs’ standards. 1.5(1) Operation and maintenance. The cemetery shall be operated and maintained in accordance with national standards set forth in Title 38 U.S.C. Chapter 24. 1.5(2) Application for interment. The department shall provide veterans and their eligible dependents with a standardized application for interment at the cemetery. This application is available at the Iowa Veterans Cemetery, 34024 Veterans Memorial Drive, Adel, Iowa 50003-3300; the Iowa Department of Veterans Affairs, 7105 NW 70th Avenue, Camp Dodge, Building A6A, Johnston, Iowa 50131-1824; or online at www.iowava.org/vetcemetery/index.html. 1.5(3) Eligibility. The department shall make eligibility for interment determinations consistent with Title 38 U.S.C. Chapter 24. State residency shall not be considered a component of eligibility. 1.5(4) Appeal rights. a. Final agency action. Eligibility determinations made by the cemetery director shall be the final decision of the department. b. Judicial review. Judicial review of the department’s decision may be sought in accordance with Iowa Code section 17A.19. [ARC 7825B, IAB 6/3/09, effective 7/8/09] 801—1.6 Reserved. ARMED FORCES GRAVES REGISTRATION 801—1.7(35A,35B) Armed forces graves registration. Armed forces graves registration shall be completed as follows: 1.7(1) Duties of the funeral director. The funeral director who contracts to inter the deceased veteran shall complete Armed Forces Graves Registration Record, Form 582-1002, in duplicate, forwarding the original and copy to the county commission. Ch 1, p.4 Veterans Affairs[801] IAC 6/3/09 1.7(2) Duties of the county commission. The county commission shall record the information alphabetically, and by description of location in the cemetery where the veteran is buried, in a book prescribed by the commission and kept for that purpose in the office of the county commission. The county commission shall forward the original Armed Forces Graves Registration Record to the executive director at the address provided in subrule 1.3(1). 1.7(3) Where filed. The original Armed Forces Graves Registration Record shall be filed at the office of the executive director. 1.7(4) Forms. Additional Armed Forces Graves Registration Record forms may be obtained by contacting the executive director’s office in accordance with subrule 1.3(1). This rule is intended to implement Iowa Code sections 35A.3 and 35B.19. 801—1.8 and 1.9 Reserved. WAR ORPHANS EDUCATIONAL AID 801—1.10(35,35A) War orphans educational aid. Rescinded IAB 2/28/07, effective 1/29/07. MERCHANT MARINE WAR BONUS 801—1.11(35) Merchant marine war bonus. The merchant marine war bonus shall be administered in accordance with 1999 Iowa Acts, chapter 180, sections 2 and 5. 1.11(1) Eligibility. This rule applies to former members of the active, oceangoing merchant marines who served during World War II at any time between December 7, 1941, and December 31, 1946, both dates inclusive, and who had maintained residence in this state for a period of at least six months immediately before entering the merchant marine service, and who were discharged under honorable conditions. 1.11(2) Application procedures. The application is available at the department of veterans affairs. The application may be submitted to the department with name, address and telephone number, along with required document DD-214. 1.11(3) Department processing and investigation. a. The time period for filing applications shall begin on July 1, 1999. b. The executive director of the department of veterans affairs will approve or disapprove the application. 1.11(4) Appeals procedure. Decisions of the executive director are subject to review by the commission. Applicants may appeal the decisions of the commission as provided by Iowa Code section 17A.19. 1.11(5) Office address. The office of the department of veterans affairs is located at 7105 NW 70th Avenue, Camp Dodge, Building A6A, Johnston, Iowa 50131-1824. 1.11(6) Qualified recipient and amount of payment. The former merchant marine or surviving unremarried widow or widower, child or children, mother, father, or person standing in loco parentis, in the order named and none other, of any deceased person, shall be paid and entitled to receive from moneys appropriated for that purpose the sum of $12.50 for each month that the person was on active duty in the merchant marine service, all before December 31, 1946, not to exceed a total sum of $500. [ARC 7825B, IAB 6/3/09, effective 7/8/09] 801—1.12 to 1.14 Reserved. 801—1.15(35A,35B) Training for county commissions. Rescinded IAB 6/3/09, effective 7/8/09. [See 801—Chapter 7.] These rules are intended to implement Iowa Code chapters 35 and 35A and sections 35B.6, 35B.11, 35D.1, 35D.13, 35D.16, and 35D.17. [Filed 5/10/79, Notice 3/7/79—published 5/30/79, effective 7/5/79] [Filed emergency 6/19/79—published 7/11/79, effective 8/8/79] IAC 6/3/09 Veterans Affairs[801] Ch 1, p.5 [Filed emergency 8/5/91—published 8/21/91, effective 8/21/91] [Filed emergency 12/18/92—published 1/6/93, effective 1/1/93] [Filed 12/19/96, Notice 10/23/96—published 1/15/97, effective 2/19/97] [Filed 7/24/98, Notice 1/28/98—published 8/12/98, effective 9/16/98] [Filed emergency 12/3/99—published 12/29/99, effective 12/3/99] [Filed emergency 1/29/07—published 2/28/07, effective 1/29/07] [Filed ARC 7825B (Notice ARC 7659B, IAB 3/25/09), IAB 6/3/09, effective 7/8/09] Ch 1, p.6 Veterans Affairs[801] IAC 6/3/09 IAC 7/2/08 Veterans Affairs[801] Ch 2, p.1 CHAPTER 2 PETITION FOR RULE MAKING [Prior to 8/21/91, see Veterans Affairs Department[841] Ch 2] [Prior to 1/6/93, see Veterans Affairs Division[613] Ch 2] The Iowa commission of veterans affairs hereby adopts, with the following exceptions and amendments, the Uniform Administrative Rules pertaining to petitions for rule making which are printed in the first volume of the Iowa Administrative Code. 801—2.1(17A) Petition for rule making. In lieu of the words “(designate office)”, insert “the office of the executive director. This office is located at Camp Dodge, Building A6A, 7700 NW Beaver Drive, Johnston, Iowa 50131-1902”. In lieu of the words “(agency name)”, insert “Iowa commission of veterans affairs”. 2.1(3) The executive director shall notify the chairperson of the commission that the petition has been filed. 801—2.3(17A) Inquiries. In lieu of the words “(designate official by full title and address)”, insert “the executive director at Camp Dodge, Building A6A, 7700 NW Beaver Drive, Johnston, Iowa 50131-1902. The telephone number is (515)242-5331”. These rules are intended to implement Iowa Code section 17A.7. [Filed 5/10/79, Notice 3/7/79—published 5/30/79, effective 7/5/79] [Filed emergency 8/5/91—published 8/21/91, effective 8/21/91] [Filed emergency 12/18/92—published 1/6/93, effective 1/1/93] [Filed 12/19/96, Notice 10/23/96—published 1/15/97, effective 2/19/97] Ch 2, p.2 Veterans Affairs[801] IAC 7/2/08 IAC 7/2/08 Veterans Affairs[801] Ch 3, p.1 CHAPTER 3 DECLARATORY RULINGS [Prior to 8/21/91, see Veterans Affairs Department[841] Ch 2] [Prior to 1/6/93, see Veterans Affairs Division[613] rule 2.4] The Iowa commission of veterans affairs hereby adopts, with the following exceptions and amendments, the Uniform Administrative Rules pertaining to declaratory rulings which are printed in the first Volume of the Iowa Administrative Code. 801—3.1(17A) Petition for declaratory ruling. In lieu of the words “(designate office)”, insert “the office of the executive director. This office is located at Camp Dodge, Building A6A, 7700 NW Beaver Drive, Johnston, Iowa 50131-1902”. In lieu of the words “(agency name)”, insert “Iowa commission of veterans affairs”. At the end of this rule, insert “The executive director shall notify the chairperson of the commission that the petition has been filed.” 801—3.3(17A) Inquiries. In lieu of the words “(designate official by full title and address)”, insert “the executive director at Camp Dodge, Building A6A, 7700 NW Beaver Drive, Johnston, Iowa 50131-1902. The telephone number is (515)242-5331”. These rules are intended to implement Iowa Code section 17A.9. [Filed 5/10/79, Notice 3/7/79—published 5/30/79, effective 7/5/79] [Filed emergency 8/5/91—published 8/21/91, effective 8/21/91] [Filed emergency 12/18/92—published 1/6/93, effective 1/1/93] [Filed 12/19/96, Notice 10/23/96—published 1/15/97, effective 2/19/97] Ch 3, p.2 Veterans Affairs[801] IAC 7/2/08 IAC 7/2/08 Veterans Affairs[801] Ch 4, p.1 CHAPTER 4 AGENCY PROCEDURE FOR RULE MAKING The Iowa commission of veterans affairs hereby adopts, with the following exceptions and amendments, the Uniform Administrative Rules pertaining to procedures for agency rule making which are printed in the first Volume of the Iowa Administrative Code. 801—4.3(17A) Public rule-making docket. 4.3(2) In lieu of the words “(commission, board, council, director)”, insert “Iowa commission of veterans affairs”. 801—4.4(17A) Notice of proposed rule making. 4.4(3) In lieu of the words “(specify time period)”, insert “one year”. 801—4.5(17A) Public participation. 4.5(1) In lieu of the words “(identify office and address)”, insert “the office of the executive director. This office is located in Building A6A at Camp Dodge, 7700 NW Beaver Drive, Johnston, Iowa 50131-1902”. 801—4.6(17A) Regulatory flexibility analysis. 4.6(3) In lieu of the words “(designate office)”, insert “the office of the executive director. This office is located in Building A6A at Camp Dodge, 7700 NW Beaver Drive, Johnston, Iowa 50131-1902”. 801—4.11(17A) Concise statement of reasons. 4.11(1) General. In lieu of the words “(specify office and address)”, insert “the office of the executive director. This office is located in Building A6A at Camp Dodge, 7700 NW Beaver Drive, Johnston, Iowa 50131-1902”. 801—4.13(17A) Agency rule-making record. 4.13(2) Contents. In lieu of the words “(agency head)”, insert “chairperson of the commission of veterans affairs”. 801—4.14(17A,35D) Uniform waiver rule. 4.14(1) To the extent a waiver or variance is consistent with applicable statute, constitutional provision, or other provision of law, the commission of veterans affairs may issue an order, in response to the timely filing of a completed petition or on its own motion, granting a waiver or variance, in whole or in part, from the requirements of a rule under the jurisdiction of said commission, as applied to the circumstances of a specified person, if the commission finds clear and convincing evidence of all of the following: a. The application of the rule to the person at issue would result in undue hardship to that person; and b. The provisions of a rule subject to a petition for a waiver or variance are not specifically mandated by statute or another provision of law; and c. The waiver of the rule in the specific case would not prejudice the substantial legal rights of any person; and d. Substantially equal protection of public health, safety and welfare will be afforded by a means other than that prescribed in the rule for which the waiver or variance is requested. The decision on whether the circumstances justify the granting of a waiver or variance shall be made at the discretion of the chairperson of the commission of veterans affairs based on the unique, individual circumstances set out in the petition and upon consideration of all relevant factors. 4.14(2) A waiver or variance, if granted, shall be drafted by the commission so as to provide the narrowest exception possible to the provisions of the rule. The commission may place any condition on a waiver or variance that the commission finds desirable to protect the public health, safety and welfare. Ch 4, p.2 Veterans Affairs[801] IAC 7/2/08 A waiver or variance shall not be permanent, unless the petitioner can show that a temporary waiver or variance would be impracticable. If a temporary waiver or variance is granted, there is no automatic right to renewal. At the sole discretion of the agency, a waiver or variance may be renewed if the agency finds that all of the factors set out in subrule 14.4(1) remain valid. 4.14(3) The burden of persuasion rests with the person who petitions the commission for the waiver or variance of a rule. 4.14(4) This uniform waiver rule shall not preclude the commission from granting waivers or variances in other contexts or on the basis of other standards if the statute or other rules authorize it to do so and the commission deems it appropriate to do so. 801—4.15(17A,35D) Procedures for granting waivers. 4.15(1) Any person may file a petition with the commission of veterans affairs requesting a waiver or variance, in whole or in part, of a commission rule on the grounds that the application of the rule to the particular circumstances of that person justifies a waiver under this uniform waiver rule. The commission chairperson shall receive written petitions. 4.15(2) A petition for a waiver or variance shall include the following information where applicable and known to the person requesting the waiver or variance: a. The name, address, and case number or state identification number of the entity or person for whom a waiver or variance is requested. b. A description and citation of the specific rule from which a waiver or variance is requested. c. The specific waiver or variance requested, including the precise scope and operative period that the waiver or variance will extend. d. The relevant facts that the petitioner believes would justify a waiver or variance. This statement shall include a signed statement from the petitioner attesting to the accuracy of the facts provided in the petition and a statement of reasons that the petitioner believes will justify a waiver or variance. e. A history of the commission’s action relative to the petitioner. f. Any information regarding the commission’s treatment of similar cases, if known. g. The name, address, and telephone number of any person inside or outside state government who would be adversely affected by the granting of the petition or who otherwise possesses knowledge of the matter with respect to the waiver or variance request. h. Signed releases of information authorizing persons with knowledge regarding the request to furnish the commission with information pertaining to the waiver or variance. 4.15(3) The procedural guidelines stated under the Iowa Administrative Procedure Act, Iowa Code chapter 17A, shall govern the form, filing, timing and contents of petitions for the waivers of rules and the procedural rights of persons in relation to such petitions. 4.15(4) The commission shall acknowledge a petition upon receipt. The petitioner shall serve notice on all persons to whom notice is required by any provision of law and provide a written statement to the commission attesting that notice has been served. 4.15(5) Prior to issuing an order granting or denying a waiver or variance request, the commission may request additional information from the petitioner relative to the application and surrounding circumstances. 4.15(6) An order granting or denying a request for waiver or variance shall be in writing and contain a reference to the particular person and rule or portion thereof to which the order pertains, a statement of the relevant facts and reasons upon which that action is based, and a description of the precise scope and operative period of the waiver or variance if one is issued. The commission shall grant or deny a petition for the waiver or variance of all or a portion of a rule as soon as practicable but, in any event, shall do so within 120 days of its receipt, unless the petitioner agrees to a later date. However, if a waiver petition has been filed in a contested case proceeding, the agency shall grant or deny the petition no later than the time at which the final decision in that contested case is issued. Failure of the commission to grant or deny such a petition within the required time period shall be deemed a denial of that petition by the commission. IAC 7/2/08 Veterans Affairs[801] Ch 4, p.3 4.15(7) Within seven days of its issuance, any order issued under the uniform waiver rule shall be transmitted to the petitioner or the person to whom the order pertains and to any other person entitled to such notice by any provision of law. 4.15(8) Subject to the provisions of Iowa Code section 17A.3(1)“e,” the commission shall maintain a record of all orders granting and denying requests for waivers or variances under this uniform waiver rule. The records shall be indexed by rule and available for public inspection. 4.15(9) Semiannually, the commission shall prepare a report identifying the rules for which a waiver or variance has been granted or denied, the number of times a waiver or variance was granted or denied for each rule, a citation to the statutory provisions implemented by these rules, a general summary of the reasons justifying the commission’s actions on the waiver or variance requests and, to the extent practicable, detailing the extent to which the granting of a waiver or variance has affected the general applicability of the rule itself and established a precedent for additional waivers or variances. Copies of this report shall be provided semiannually to the administrative rules coordinator and the administrative rules review committee. 4.15(10) The provisions of rules 4.14(35D) and 4.15(35D) shall not apply to rules that define the meaning of a statute or other provisions of law or precedent if the commission does not possess delegated authority to bind the courts to any extent with its definition and do not authorize the commission to waive any requirement created or duty imposed by statute. 4.15(11) After the commission issues an order granting a waiver, the order is a defense within its terms and the specific facts indicated therein for the person to whom the order pertains in any proceeding in which the rule in question is invoked. These rules are intended to implement Iowa Code sections 17A.4 and 17A.9A, Iowa Code chapter 35D, and Executive Order Number 11. [Filed emergency 12/18/92—published 1/6/93, effective 1/1/93] [Filed 12/19/96, Notice 10/23/96—published 1/15/97, effective 2/19/97] [Filed 4/13/01, Notice 3/7/01—published 5/2/01, effective 6/6/01] Ch 4, p.4 Veterans Affairs[801] IAC 7/2/08 IAC 7/2/08 Veterans Affairs[801] CHAPTER 5 Reserved Ch 5, p.1 Ch 5, p.2 Veterans Affairs[801] IAC 7/2/08 IAC 7/2/08 Veterans Affairs[801] Ch 6, p.1 CHAPTER 6 FAIR INFORMATION PRACTICES [Prior to 8/21/91, see Veterans Affairs Department[841] Ch 4] [Prior to 1/6/93, see Veterans Affairs Division[613] Ch 4] The Iowa commission of veterans affairs hereby adopts, with the following exceptions and amendments, the Uniform Administrative Rules pertaining to fair information practices which are printed in the first Volume of the Iowa Administrative Code. 801—6.1(17A,22) Definitions. The commission adopts the definitions in the Uniform Rules with the noted amendments and those additional definitions listed below. “Agency”. In lieu of the words “(official or body issuing these rules)”, insert “Iowa commission of veterans affairs”. “Client” means a person who has applied for or receives services or assistance from the agency. “Custodian” means the agency or person lawfully delegated authority by the agency to act for the agency in implementing Iowa Code chapter 22. For Iowa Veterans Home records, the custodian is the commandant. For all other commission records, the custodian is the executive director. “Legal representative” means a person recognized by law as standing in the place of or representing the interests of another for one or more purposes. For example, guardians, conservators, attorneys, next-of-kin, executors, or administrators for a deceased person are legal representatives for certain purposes. “Mental health information” means oral, written, or otherwise recorded information which indicates the identity of a person receiving professional services, as defined in Iowa Code section 228.1(5), and which relates to diagnosis, course, or treatment of the person’s mental or emotional condition. Mental or emotional conditions include mental illness, mental retardation, degenerative neurological conditions, and any other condition identified in professionally recognized diagnostic manuals for mental disorders. “Substance abuse information” means information which indicates the identity, diagnosis, prognosis or treatment of any person in an alcohol or drug abuse program. 801—6.3(17A,22) Request for access to records. 6.3(1) Location of record. A request for access to a record pertaining to the Iowa Veterans Home should be addressed to the Commandant, Iowa Veterans Home, 1301 Summit, Marshalltown, Iowa 50158-5485. For all other commission records, or if the location of the record is unknown by the requester, the request for access to a record shall be directed to the Executive Director, Camp Dodge, 7700 NW Beaver Drive, Johnston, Iowa 50131-1902. If the request for access to a record is misdirected, agency personnel will promptly forward the request to the appropriate person within the agency. 6.3(2) Office hours. In lieu of the words “(insert customary office hours and, if agency does not have customary office hours of at least thirty hours per week, insert hours specified in Iowa Code section 22.4)”, insert “8 a.m. to 4:30 p.m. daily excluding Saturdays, Sundays and holidays”. 6.3(7) Supervisory fee. In lieu of the words “(specify time period)”, insert “one-half hour”. 801—6.6(17A,22) Procedure by which additions, dissents, or objections may be entered into certain records. In lieu of the words “(designate office)”, insert “office of the Iowa commission of veterans affairs”. 801—6.7(17A,22) Consent to disclosure by the subject of a confidential record. To the extent permitted by any applicable provision of law, a person who is the subject of a confidential record may have a copy of the portion of that record concerning the subject disclosed to a third party. A request for such a disclosure must be in writing and must identify the particular record or records that may be disclosed, and the particular person or class of persons to whom the record may be disclosed and the time period during which the record may be disclosed. The person who is the subject of the record and, where applicable, the person to whom the record is to be disclosed, may be required to provide proof of identity. Ch 6, p.2 Veterans Affairs[801] IAC 7/2/08 No confidential information about clients of the agency shall be released without the client’s consent, except as provided in rule 6.10(17A,22). Release of information includes: 1. Granting access to or allowing the copying of a record, 2. Providing information either in writing or orally, or 3. Acknowledging information to be true or false. 6.7(1) Forms. a. General. Agency forms are to be used for releases by the subject as noted below. However, information may be released with authorization on a form from another source providing that such meets the requirements of law. b. Obtaining information from a third party. The Iowa Veterans Home is required to obtain information to establish eligibility, provide services and determine charges. Requests to third parties for this information involve release of confidential identifying information about clients. Consent to Release of Information, Form 475-0859, is used for releases by the subject. c. Disclosure of information to a third party. At the request of the subject, the Iowa Veterans Home releases information to third parties. Form 475-0859, Consent to Release of Information, or Form 475-0700, Release of Condition Information, is used, depending on the nature of the authorization. d. Mental health and substance abuse information. Mental health or substance abuse information can be released only by completion of the specific authorization section of Form 475-0859 or a similar form from another source that meets the requirements of law. e. Photographs or videotapes. Form 475-1073, Authorization to Take and Use Photographs/Videotapes, is used for permission to use photographs or videotapes for the purposes specified on the form. 6.7(2) Exceptions to use of forms. a. Counsel. Appearance of counsel before the agency on behalf of a person who is the subject of a confidential record is deemed to constitute consent for the agency to disclose records about that person to the person’s attorney. b. Public official. A letter from the subject to a public official which seeks the official’s intervention on behalf of the subject in a matter that involves the agency shall be treated as an authorization to release information. The agency shall release sufficient information about the subject to the official to resolve the matter. c. Medical emergency. Agency staff may authorize release of confidential information to medical personnel in a medical emergency if the subject is unable to give or withhold consent. As soon as possible after the release of information, the subject shall be advised of the release. d. Abuse information. Consent to release information is not required to report suspected dependent adult abuse. 6.7(3) Consent by subject’s legal representative. a. Exercise of right. The subject’s rights under this rule may also be exercised by the subject’s legal representative, except as provided in paragraph 6.7(3)“b.” b. Exceptions. (1) Scope of authority. Legal representatives may act only within the scope of their authority. For example, court-appointed conservators and protective payees appointed by an agency shall have access to and authority to release the following information only: 1. Name and address of client. 2. Amounts of assistance or type of financial services received. 3. Information about the economic circumstances of the client. (2) Substance abuse information. Only the subject can consent to the disclosure of substance abuse information, regardless of the subject’s age or condition. (3) Failure to act in good faith. If the agency has reason to believe that the legal representative is not acting in good faith in the best interests of the subject, the agency may refuse to release information on the authorization of the legal representative. IAC 7/2/08 Veterans Affairs[801] Ch 6, p.3 801—6.8(17A,22) Notice to suppliers of information. When the agency requests a person to supply information about that person, the agency shall notify the person of the use that will be made of the information, which persons outside the agency might routinely be provided this information, which parts of the requested information are required and which are optional, and the consequences of a failure to provide the information requested. This notice may be given in these rules, on the written form used to collect the information, on a separate fact sheet or letter, in brochures, in formal agreements, in contracts, in handbooks, in manuals, verbally, or by other appropriate means. The notice shall generally be given at the first contact with the agency and need not be repeated at every following contact. Where appropriate, the notice may be given to a person’s legal representative. Notice may be withheld in an emergency. In general, the agency requests information to determine eligibility, to determine changes for services, to provide appropriate services or treatment, and to perform administrative functions. Information is routinely shared outside the agency when required by rules or law. Consequences of failure to provide information include ineligibility for services, denial of services, or provision of inadequate services. 801—6.9(17A,22) Release to subject. The agency shall release confidential records to the subject of the record, except as otherwise noted. 6.9(1) The agency need not release the following records to the subject: a. Records need not be disclosed to the subject when they are the work product of an attorney or are otherwise privileged. b. The identity of a person providing information to the agency need not be disclosed directly or indirectly to the subject of the information when the information is authorized to be held confidential pursuant to Iowa Code section 22.7(18) or other provision of law. c. Peace officers’ investigative reports may be withheld from the subject, except as required by the Iowa Code. (See Iowa Code section 22.7(5).) d. The agency may withhold information as otherwise authorized by law. 6.9(2) Where a record has multiple subjects with interest in the confidentiality of the record, the agency may take reasonable steps to protect confidential information relating to another subject. 801—6.10(17A,22) Disclosure without consent of the subject. Open records are routinely disclosed without consent of the subject. To the extent allowed by law, disclosure of confidential records may occur without consent of the subject or the subject’s legal representative. The custodian of the record shall determine what constitutes legitimate need to use confidential records. 6.10(1) Internal use. Confidential information may be disclosed to employees and agents of the agency as needed for the performance of their duties. The custodian of the record shall determine what constitutes legitimate need to use confidential records. People affected by this rule include: a. Field work or practicum students, participants of work placement programs and volunteers working under the direction of the agency. b. Commission members. c. Consultants to the agency. d. Policy review and advisory committees. 6.10(2) Medical emergency. Confidential information may be disclosed in a medical emergency if the subject is unable to give or withhold consent in accordance with paragraph 6.7(2)“c.” 6.10(3) Audits. Information concerning revenues and expenditures is released to staff of the state executive and legislative branch who are responsible for ensuring that public funds have been managed correctly. Information is also released to auditors from federal agencies that provide program funds. 6.10(4) Accreditation and regulatory surveys. Information is provided to staff of applicable accreditation, licensure and other applicable agencies in the course of surveys or investigations regarding compliance with regulations and standards. 6.10(5) Release to court. Information is released to the court as required by law. Ch 6, p.4 Veterans Affairs[801] IAC 7/2/08 6.10(6) Research. Information that does not identify individual clients may be disclosed for research purposes with consent of the custodian responsible for the record. Requests to do research involving records of the Iowa Veterans Home shall be approved by the Iowa Veterans Home Research Review Committee. 6.10(7) Required by law. Information is shared with other agencies without a contract or written agreement where state or federal law or regulations require it. 6.10(8) Imminent harm. Information may be released to an individual or the police, or both, pursuant to a showing of compelling circumstances affecting the health or safety of a client or any other individual. Notice of disclosure is transmitted to the last-known address of the subject. 6.10(9) Law violation. Disclosure of information indicating an apparent violation of the law will be released to appropriate enforcement authorities. 6.10(10) Specific authorization. Any disclosure specifically authorized by the statute under which the record was collected or maintained will be made in accordance with the statute. 801—6.11(17A,21,22) Availability of records. 6.11(1) General. Agency records are open for public inspection and copying unless otherwise provided by rule or law. 6.11(2) Confidential records. The following records may be withheld from public inspection. Rec-~~~ords are listed by category, according to the legal basis for withholding them from public inspection. a. Sealed bids received prior to the time set for public opening of bids. (Iowa Code section 72.3) b. Tax records made available to the agency. (Iowa Code section 422.20) c. Records which are exempt from disclosure. d. Minutes of closed meetings of a government body. e. Identifying details in final orders, decisions, and opinions to the extent required to prevent a clearly unwarranted invasion of personal privacy or trade secrets. f. Those portions of agency staff manuals, instructions, or other statements issued which set forth criteria or guidelines to be used by agency staff in auditing, in making inspections, in settling commercial disputes or negotiating commercial arrangements, or in the selection or handling of cases, such as operational tactics or allowable tolerances or criteria for the defense, prosecution or settlement of cases, when disclosure of these statements would: (1) Enable law violators to avoid detection; (2) Facilitate disregard of requirements imposed by law; or (3) Give a clearly improper advantage to persons who are in an adverse position to the agency. g. Records which constitute attorney work product, attorney-client communications, or which are otherwise privileged. (Iowa Code section 622.10) h. Hospital records, medical records, and professional counselor records of the condition, diagnosis, care, or treatment of clients or former clients of the commission. i. Circulation records of the Iowa Veterans Home library. j. Any other records made confidential by law. 6.11(3) Authority to release confidential records. The agency may have discretion to disclose some confidential records which are exempt from disclosure under Iowa Code section 22.7 or other law. Any person may request permission to inspect records withheld from inspection under a statute which authorizes limited or discretionary disclosure as provided in rule 6.4(17A,22). If the agency initially determines that it will release such records, the agency may, where appropriate, notify interested parties and withhold the record from inspection as provided in subrule 6.4(3). This rule is intended to implement Iowa Code chapters 17A, 21 and 22. 801—6.12(17A,22) Personally identifiable information. This rule describes the nature and extent of personally identifiable information which is collected, maintained, and retrieved by the agency by personal identifier in record systems as defined in rule 6.1(17A,22). For each record system, this rule describes the legal authority for the collection of that information, the means of storage of IAC 7/2/08 Veterans Affairs[801] Ch 6, p.5 that information, and indicates whether a data processing system matches, collates, or permits the comparison of personally identifiable information in one record system with personally identifiable information in another record system. The record systems maintained by the agency are: 6.12(1) Prisoner of war registry. These records are collected under the authority of Iowa Code section 35A.2(1). They are maintained in hard copy by the agency. Requests for these records should be referred to the executive director. 6.12(2) Military graves registration. These records are collected under the authority of Iowa Code section 35A.3(11). They are maintained in hard copy by the agency, on Iowa Form 582-1002, CPE-94252. Requests for these records should be referred to the executive director. 6.12(3) World War I, World War II, Korea, Vietnam veterans bonus. These records are collected under the authority of Iowa Code section 35A.3(5). They are maintained in hard copy by the agency. Requests for these records should be referred to the executive director. 6.12(4) Iowa women veterans. These listings of all women veterans residing in Iowa are collected under the authority of Iowa Code section 35A.3(5). The records are maintained in hard copy format. Requests for these records should be referred to the executive director. 6.12(5) Members, directors—county commission of veterans affairs. These listings of current mailing addresses of all Iowa county commission members and directors are collected under the authority of Iowa Code section 35A.3(8). The records are maintained in hard copy format. Requests for these records should be referred to the executive director. 6.12(6) Iowa war orphans Act bonus applications. These listings are award applications and bonus payments from the War Orphans Educational Fund and are collected in accordance with Iowa Code section 35A.2(3) and maintained in hard copy format. Requests for these records should be referred to the executive director. 6.12(7) Iowa Korean War Memorial Fund. This listing consolidates contributions of all funds received for the Iowa Korean War Memorial authorized by the governor’s directive of August 1986. These records are maintained in hard copy format. Requests for these records should be referred to the executive director. 6.12(8) Reserved. 6.12(9) DD Form 214, Notification of Separation from Service. This listing provides information to the state on individuals separating from active military service in the armed forces. It is used routinely to establish entitlement by the veteran to county, state and federal benefits such as hospitalization and educational assistance. Request for verification of service should be addressed to the executive director. 6.12(10) Iowa Veterans Home client case records. Iowa Veterans Home client records contain identifying information, demographic information, financial information, clinical assessment and care information and related documentation. Some of this information is maintained on microfilm. Automated data processing associated with Iowa Veterans Home client records include admission and discharge systems, billing systems, client banking system, and selected client data systems. Requests for these records should be referred to the commandant. Legal authority for collection of this information and applicable determinations regarding confidentiality are found in Iowa Code section 22.7 and chapters 35D, 222, 228, and 229. Requests for information from these records should be referred to the commandant. 6.12(11) Personnel files. The agency maintains files containing information about employees, families and dependents, and applicants for positions with the agency. The files include payroll records, biographical information, medical information relating to disability, performance reviews and evaluations, disciplinary information, information required for tax withholding, information concerning employee benefits, affirmative action reports, and other information concerning the employer-employee relationship. Some of this information is confidential under Iowa Code sections 22.7(11) and 22.7(18). 801—6.13(17A,22) Other groups of records. This rule describes groups of records maintained by the agency other than record systems defined in rule 6.1(17A,22). These records are routinely available to the public. However, the agency’s files of these records may contain confidential information, as discussed in rule 6.7(17A,22). In addition, the records may contain information about individuals. Ch 6, p.6 Veterans Affairs[801] IAC 7/2/08 6.13(1) Rule making. Rule-making records may contain information about individuals making written or oral comments or proposed rules. This information is collected pursuant to Iowa Code section 17A.4. This information is not stored in an automated data processing system. 6.13(2) Iowa commission of veterans affairs meeting records. Agendas, minutes, and materials deliberated by the commission are available from the executive director. Commission records contain information about people who participate in meetings. This information is collected pursuant to Iowa Code section 21.3. This information is not retrieved by personal identifier nor stored on an automated data processing system. 6.13(3) Publications. News releases, literature, and reports regarding the Iowa commission of veterans affairs, newsletters from various veterans associations or from the federal government are available from the executive director. News releases, literature, reports regarding the Iowa Veterans Home are available from the commandant. Agency news releases, project reports, and newsletters may contain information about individuals, including agency staff or members of agency committees. This information is not retrieved by individual identifier and is not currently stored on an automated data processing system. 6.13(4) All other records that are not exempted from disclosure by law. 801—6.14(17A,22) Data processing system. Data processing systems used by this agency do not permit the comparison of personally identifiable information in one record system with personally identifiable information in another system. 801—6.15(17A,22) Applicability. This chapter does not: 1. Require the agency to index or retrieve records which contain information about the individuals by that person’s name or other personal identifier. 2. Make available to the general public records which would otherwise not be available under the public records law, Iowa Code chapter 22. 3. Govern the maintenance or disclosure of, notification of or access to, records in possession of the agency which are governed by regulations of another agency. 4. Apply to grantees, including local governments or subdivisions thereof, administering state-funded programs, unless otherwise provided by law or agreement. 5. Make available records compiled by the agency in reasonable anticipation of court litigation or formal administrative proceedings. The availability of such records to the general public or to any subject individual or party to such litigation or proceedings shall be governed by applicable legal and constitutional principles, statutes, rules of discovery, evidentiary privileges and applicable regulations of the agency. These rules are intended to implement Iowa Code chapter 22. [Filed 4/29/88, Notice 3/23/88—published 5/18/88, effective 6/22/88] [Filed emergency 8/5/91—published 8/21/91, effective 8/21/91] [Filed emergency 12/18/92—published 1/6/93, effective 1/1/93] [Filed 12/19/96, Notice 10/23/96—published 1/15/97, effective 2/19/97] IAC 6/3/09 Veterans Affairs[801] Ch 7, p.1 CHAPTER 7 COUNTY COMMISSIONS OF VETERAN AFFAIRS FUND AND TRAINING PROGRAM 801—7.1(35A,35B) County commissions of veteran affairs fund. 7.1(1) Purpose. 2008 Iowa Acts, chapter 1130, section 2, created the county commissions of veteran affairs fund. The purpose and legislative intent of this fund are to assist county commissions of veteran affairs in complying with legislative requirements for employing a county veteran service officer who is nationally accredited through the National Association of County Veterans Service Officers (NACVSO); who is occupied in veterans affairs service pursuant to Iowa Code section 35B.6 as amended by 2008 Iowa Acts, chapter 1130, for a minimum number of hours; and who maintains an office in a location owned or leased by the county. Funding is allocated annually to counties pursuant to a standing appropriation by the general assembly to the Iowa department of veterans affairs. 7.1(2) Allocation amount. The department shall annually allocate $10,000 to each county from the county commissions of veteran affairs fund. In order to qualify for the allocation, a county must agree to expend the allocation pursuant to Iowa Code section 35B.6 as amended by 2008 Iowa Acts, chapter 1130, for the administration and maintenance of the county commission of veteran affairs office and staff and must also agree to maintain its current level of spending from the previous fiscal year. Moneys remaining in the county commissions of veteran affairs fund after the allocations have been distributed to the counties shall be used by the department to provide for a county commission of veteran affairs training program as outlined in rule 801—7.2(35A,35B). During fiscal year 2010, the department shall use account funds to arrange for an accreditation course by NACVSO to be held in this state. Following fiscal year 2010, the department shall arrange for an accreditation course by NACVSO to be held in this state when necessary. 7.1(3) Allocation report. Counties shall submit a written report to the department 30 days following the end of the fiscal year in which the allocation was received. The report shall provide an assessment of county veteran affairs services, including verification of an office and hours of employment, and documentation that the county veteran service officer is performing required duties pursuant to Iowa Code section 35B.6 as amended by 2008 Iowa Acts, chapter 1130. The allocation report shall also contain a final report on county veteran affairs expenditures for the fiscal year in which the allocation was received and the expenditure report from the previous fiscal year. Information provided in this report shall be used by the department to comply with rule 801—7.3(35A,35B). 7.1(4) Recovery of funds. The department shall be the entity charged with the recovery of county commissions of veteran affairs fund allocations from counties under the following circumstances: a. Unauthorized use. Counties expending a portion of the allocation on items that do not provide services to veterans pursuant to Iowa Code section 35B.6 as amended by 2008 Iowa Acts, chapter 1130, will be required to return the unauthorized funds to the state of Iowa. b. Maintenance of effort. Counties not maintaining their previous fiscal year’s spending levels will be considered to have supplanted county funding with state allocation funds. Counties not complying with their maintenance of effort will be required to return the supplanted portion to the state of Iowa pursuant to Iowa Code section 35A.16(3) as enacted by 2008 Iowa Acts, chapter 1130, and amended by 2009 Iowa Acts, House File 283. c. Noncompliance. Counties that are not in compliance with the requirements of Iowa Code section 35B.6 as amended by 2008 Iowa Acts, chapter 1130, and 2009 Iowa Acts, House File 283, and Iowa Code section 35B.12 on June 30 of each fiscal year will be required to return all moneys received during that fiscal year to the county commissions of veteran affairs fund pursuant to Iowa Code section 35A.16(3) as enacted by 2008 Iowa Acts, chapter 1130, and amended by 2009 Iowa Acts, House File 283. Counties that are deemed noncompliant due to the termination or resignation of an employee shall not be required to return the state allocation if an employee is hired within two months of the previous employee’s separation. 7.1(5) Appeals. Applicants that are dissatisfied with the decision of the Iowa department of veterans affairs may file an appeal with the Iowa commission of veterans affairs. The written appeal must be received within 15 working days of the date of the notice of decision; must be based on a contention that Ch 7, p.2 Veterans Affairs[801] IAC 6/3/09 the process was conducted outside of statutory authority, violated state or federal law, policy or rules, did not provide adequate public notice, was altered without adequate public notice, or involved conflicts of interest by staff; and must include a request that the commission review the decision and the reasons for the appeal. The Iowa commission of veterans affairs shall review the appeal at its next regularly scheduled meeting and shall issue a final decision. [ARC 7824B, IAB 6/3/09, effective 7/8/09] 801—7.2(35A,35B) County commission of veteran affairs training program. The department shall provide training for county veteran service officers in accordance with Iowa Code section 35A.5(9) as amended by 2008 Iowa Acts, chapter 1130, and Iowa Code section 35A.17 as enacted by 2008 Iowa Acts, chapter 1130. 7.2(1) Training provided by the department shall meet the continuing education requirements as established by NACVSO and shall ensure that each officer and support staff are proficient in the use of electronic mail, computers, and the Internet in order to access information regarding facilities, benefits, and services available to veterans and their families. 7.2(2) A county veteran service officer shall attend and support staff may attend an annual school of instruction provided by the department or a national school of accreditation provided by NACVSO. After attending the annual school of instruction or national school of accreditation, the county veteran service officer must present to the department a certificate of satisfactory completion of national accreditation training from NACVSO. The department shall certify the possession of a document indicating that the county veteran service o