reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.40 - Requirements for Member Conduct

Current through Register Vol. 47, No. 3, July 24, 2024
The commandant or designee shall administer and enforce all
				requirements for member conduct. Subject to these rules and Iowa Code section
				135C.23, the commandant or designee may transfer or discharge any member from
				IVH when the commandant or designee determines that the health, safety or
				welfare of the members or staff is in immediate danger, and other reasonable
				alternatives have been exhausted.
(1)
			 In addition to the member responsibilities as set out in rule
			 801-10.12 (35D), each member
			 shall also comply with the following requirements:
a. The use of intoxicants or alcoholic
			 beverages on IVH premises is prohibited unless prescribed by a medical
			 provider.
b. The bringing of
			 alcoholic beverages or illicit substances on IVH premises is prohibited. Any
			 illicit substances or drug paraphernalia or both found in the member's
			 possession shall be grounds for immediate discharge.
c. The use of illegal substances while a
			 member of IVH is prohibited. A urinalysis shall confirm the presence of illegal
			 substances. A member's refusal to submit to a urinalysis in response to a
			 request based on probable cause shall be considered a positive result and is
			 grounds for discharge.
d. Firearms
			 or weapons of any nature shall be turned in to the commandant or designee for
			 safekeeping. The commandant or designee shall decide if an instrument is a
			 weapon. Firearms or weapons in the possession of a member which constitute a
			 hazard to self or others shall be removed and stored in a place provided and
			 controlled by the facility or sent with family members for
			 safekeeping.
e. Smoking in members'
			 rooms is prohibited. Members who smoke shall do so within designated smoking
			 areas so as not to endanger self or others.
f. Continuously disruptive behavior on the
			 part of a member is grounds for transfer or discharge.
g. Members shall comply with legal requests
			 and orders of the commandant or designee.
h. Members shall not violate state and
			 federal statutes.
i. Members shall
			 report to the resident finance supervisor or designee any changes in
			 assets/income, and pay support within ten business days after the monthly
			 support bill is received or ten business days after the member's last income
			 deposit for the month.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.41 - County of Residence Upon Discharge

Current through Register Vol. 47, No. 3, July 24, 2024
A member does not acquire residency in Marshall County, the
				county in which IVH is located, unless the member is voluntarily or
				involuntarily discharged from IVH and the member meets county of residence
				requirements. For purposes of this rule, "county of residence" means the same
				as defined in Iowa Code section
				331.394.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.42 - Disposition of Personal Property and Funds

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A discharged member shall remove all
			 personal property at the time of discharge or within 30 days. Personal property
			 not removed within 30 days after discharge shall become the property of IVH to
			 dispose of as the commandant or designee directs. Personal property may be
			 forwarded at the member's expense to the member's last-known address. When the
			 member is discharged from IVH, the member's funds shall be released to the
			 member or legal representative with a statement provided no later than the
			 tenth day of the month following the month of discharge.
(2) Following written notification to the
			 legal representative or first next of kin, a deceased member's personal
			 property remaining at IVH 30 days after written notification shall become the
			 property of IVH to dispose of as the commandant or designee directs. If there
			 is a known legal representative or first next of kin, the property may be
			 shipped to the legal representative or first next of kin at the expense of the
			 estate, legal representative, or first next of kin.
(3) Upon the death of a member with personal
			 funds deposited at IVH, after the final bill and any outstanding funeral
			 expenses have been paid, and after receipt of notification from the estate
			 recovery program (for those on Title XIX) that release of funds is approved,
			 IVH shall convey the member's funds along with a final statement to the legal
			 representative administering the member's estate. When an estate is not opened
			 or in cases where no executor is appointed, IVH shall attempt to locate the
			 deceased member's heirs and deliver the funds to the heirs equally or according
			 to the terms of the last will and testament within one year after the date of
			 death.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.43 - Rule Enforcement-power to Suspend and Discharge Members

Current through Register Vol. 47, No. 3, July 24, 2024
The commandant or designee shall administer and enforce all
				rules adopted by the commission, including rules of discipline and, subject to
				these rules, may immediately suspend the membership of and discharge any member
				from IVH for infraction of the rules when the commandant or designee determines
				that the health, safety or welfare of the members of IVH is in immediate danger
				and other reasonable alternatives have been exhausted. The suspension and
				discharge are temporary pending action by the commission. Judicial review of
				the action of the commission may be sought in accordance with Iowa Code chapter
				17A.
(1) The commandant or designee
			 shall, with the input and recommendation of the RCC, involuntarily discharge a
			 member for any of the following reasons:
a.
			 The member has been diagnosed with a substance use disorder but continues to
			 abuse alcohol or an illegal drug in violation of the member's conditional or
			 provisional agreement entered into at the time of admission or at any time
			 thereafter, and all of the following conditions are met:
(1) The member has been provided sufficient
			 notice of any changes in the member's collaborative care plan.
(2) The member has been notified of the
			 member's commission of three offenses and has been given the opportunity to
			 correct the behavior through either of the following options:
1. Being given the opportunity to receive the
			 appropriate level of treatment in accordance with best practices for standards
			 of care.
2. By having been placed
			 on probation by IVH for a second offense.
Notwithstanding the member meeting the criteria for discharge
				under paragraph 10.43(1)
"a,"
if the member has demonstrated
				progress toward the goals established in the member's collaborative care plan,
				the RCC and the commandant or designee may exercise discretion regarding the
				discharge. Notwithstanding any provision to the contrary, the member may be
				immediately discharged under paragraph 10.43(1)
"a"
if the
				member's actions or behavior jeopardizes the life or safety of other members or
				staff.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.45 - Applicant Appeal Process

Current through Register Vol. 47, No. 3, July 24, 2024
An applicant who believes that any of the provisions of this
				chapter have not been upheld, or have been upheld unfairly, may file an appeal
				directly with the commandant or designee containing a statement of the
				grievance and requested action. The commandant or designee shall investigate
				and may hold an informal hearing with the applicant and other involved
				individuals. Subrules 10.46(4) to 10.46(8) apply subsequently. The commandant
				or designee shall notify the applicant of the decision in writing within ten
				working days of receipt of the grievance.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.47 - Involuntary Discharge Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
When a member appeals an involuntary discharge, the following
				provisions shall apply:
(1) The member
			 shall file the appeal with the commission within 5 calendar days of receipt of
			 the discharge notice.
(2) The
			 commission shall conduct a contested case proceeding in accordance with the
			 uniform rules on contested case proceedings found in 801-Chapter 8. The rules
			 in 801-Chapter 8 are adopted by reference with the following amendment: The
			 presiding officer must be a member of the commission and cannot be an
			 administrative law judge with the department of inspections and
			 appeals.
(3) The commission shall
			 render a decision on the appeal and notify the member of the decision in
			 writing within 10 calendar days of the filing of the appeal.
(4) If the member is not satisfied with the
			 decision of the commission, the member may appeal the commission's decision by
			 filing an appeal with the department of inspections and appeals within 5
			 calendar days of being notified in writing of the commission's
			 decision.
(5) The department of
			 inspections and appeals shall render a decision on the appeal of the
			 commission's decision and notify the member of the decision in writing within
			 15 calendar days of the filing of the appeal with the department.
(6) The maximum time period that shall elapse
			 between receipt by the member of the discharge notice and actual discharge
			 shall not exceed 55 days which includes the 30-day discharge notice period and
			 any time during which any appeals to the commission or the department of
			 inspections and appeals are pending.
(7) If a member is not satisfied with the
			 decision of the department of inspections and appeals, the member may seek
			 judicial review in accordance with Iowa Code chapter 17A. A member's discharge
			 under rule
			 801-10.43
			 (35D) shall not be stayed while judicial review is pending.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.49 - Licensed Nursing Home Administrator

Current through Register Vol. 47, No. 3, July 24, 2024
The commandant shall employ a licensed nursing home
				administrator and convey the authority for compliance with all applicable laws
				and rules.
This rule is intended to implement Iowa Code chapter
				135C.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.50 - Visitors

Current through Register Vol. 47, No. 3, July 24, 2024
Visitors are welcome to IVH subject to the following
				conditions:
(1) Member visitation
			 hours are from 8 a.m. to 1 1 p.m. daily. Visiting hours may be extended on an
			 individual basis with the approval of the commandant or designee.
(2) Visitors are subject to the policies and
			 procedures as established by IVH, including the tobacco-free policy.
(3) Tours of IVH may be arranged by
			 contacting the commandant or designee.
(4) Weapons, illegal substances or alcoholic beverages are not
			 permitted on IVH grounds.
(5) Any
			 disruptive behavior on the part of a visitor shall result in modification,
			 denial or termination of visiting privileges.
(6) Trespass. Visitors shall not enter IVH
			 grounds with the intent to commit a public offense, remain upon the grounds or
			 in IVH buildings without justification after being notified or requested to
			 abstain from entering, or to remove or vacate therefrom by any peace officer,
			 magistrate, or public employee whose duty it is to supervise the use or
			 maintenance of IVH and its grounds.
(7) Any visitor violating any of the rules
			 within this chapter may be restricted from IVH for a period of time to be
			 determined by the commandant or designee.
(8) Visitors who bring pets must comply with
			 IVH rules regarding pet health and safety. Pets shall be kept on a leash while
			 on IVH grounds.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.52 - Interviews and Statements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Releases to the news media shall be the responsibility of the commandant or
			 designee. Authority for dissemination and release of information shall be
			 designated to other persons at the discretion of the commandant or
			 designee.
(2) Interviews of members
			 within IVH by the news media or other outside groups are permitted only with
			 prior consent of the member to be interviewed or the member's legal
			 representative. At the request of the person or group who wishes to conduct an
			 interview, the commandant or designee shall seek to obtain the required consent
			 from the member or the member's legal representative.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.53 - Donations

Current through Register Vol. 47, No. 3, July 24, 2024
Donations of money, new clothing, books, games, recreational
				equipment or other gifts shall be made directly to the commandant or designee.
				The commandant or designee shall evaluate the donation in terms of the nature
				of the contribution to the facility program. The commandant or designee shall
				be responsible for accepting the donation and reporting the gift to the
				commission. All monetary gifts shall be acknowledged in writing to the donor
				and reported to the Iowa ethics and campaign disclosure
				board.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.54 - Photographing and Recording of Members and Use of Cameras

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Photographs and recordings of members
			 within IVH by news media or other outside groups are permitted only with prior
			 consent of the member to be photographed or recorded, or the member's legal
			 representative. At the request of the person or group who wishes to make
			 photographs or recordings, the commandant or designee shall seek to obtain the
			 required consent from the member or the member's legal
			 representative.
(2) Every effort
			 shall be made to preserve the inherent dignity of the member and to preclude
			 exploitation or embarrassment of the member or the family of the
			 member.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.55 - Use of Grounds and Facilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Persons wishing to use the facilities and
			 grounds for civic purposes, programs for members, meetings, and similar
			 purposes, must contact the commandant or designee at least two weeks in advance
			 of the requested date. The commandant or designee may disapprove a request when
			 the requested facilities are scheduled for use by or for the members, or when
			 the activity would disrupt the normal operation of IVH. Previous arrangements
			 to use the facilities or grounds may be canceled by the commandant or designee
			 in the event of an emergency or when changes in the schedule require the use of
			 the facilities or grounds for the members. Persons who use the facilities or
			 grounds shall be held responsible for leaving the facilities or grounds in
			 satisfactory condition and for any damages caused by or resulting from
			 use.
(2) Outside organizations
			 permitted to use facilities or grounds shall observe the same rules as visitors
			 to the facility.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.56 - Nonmember Use of Cottages

Current through Register Vol. 47, No. 3, July 24, 2024
Cottages may be made available to IVH staff or to other members
				of the public with the commandant' s or designee' s approval and at the
				established rate.
(1) Expenses
			 incurred as a result of damage or need for exceptional cleaning/sanitizing
			 procedures, or both, may result in additional charges as determined by
			 IVH.
(2) Posted occupancy
			 capacities shall not be exceeded and may be grounds for denial of
			 use.
(3) Pets are only allowed
			 inside the cottages as outlined in the IVH cottage occupancy policy
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.57 - Operating Motor Vehicles on Grounds

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The operator of a motor vehicle shall
			 have a valid license for the type of vehicle being driven upon IVH
			 grounds.
(2) All persons operating
			 a motor vehicle on IVH grounds shall comply with the applicable state and local
			 laws and IVH policies.
(3) No
			 driver of a motor vehicle or motorcycle shall disobey the instructions of any
			 traffic-control device, warning, or sign placed.
(4) No person shall drive any vehicle in such
			 a manner as to indicate either a willful or wanton disregard for the safety of
			 person or property. The person operating the motor vehicle or motorcycle shall
			 have same under control and shall reduce the speed to 20 miles per hour on IVH
			 grounds and reduce the speed to a lower, reasonable rate when approaching and
			 passing a person walking in the traveled portion of a street.
(5) No person shall stop, park, or leave
			 standing any type vehicle in established fire lanes, emergency vehicle areas,
			 and other essential lanes. No person shall park any type vehicle on
			 roadways.
(6) No person shall leave
			 any type vehicle unattended by not locking doors or removing keys.
(7) Failure to comply with rules may cause
			 limitation or curtailment of driving privileges on IVH grounds for an
			 indefinite period.
(8) Motor
			 vehicles belonging to members may be parked in member-designated parking on IVH
			 grounds.
This chapter is intended to implement Iowa Code subsection
				35A.3(4) and chapter 35D.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 11 - Injured Veterans Grant Program › Rule 801-11.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The legislative intent of this program is to provide immediate
				financial assistance to a veteran so that family members of the veteran may be
				with the veteran during the veteran's recovery from an injury received in the
				line of duty in a combat zone or in a zone where the veteran was receiving
				hazardous duty pay after September 11, 2001.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 11 - Injured Veterans Grant Program › Rule 801-11.2 - Grant Amounts

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Grants will be paid by the Iowa department of veterans affairs in increments of
			 $2,500 up to a maximum of $10,000 in the following manner:
$2,500....
When veteran is medically evacuated from the combat zone
						following a combat-related injury.
$2,500....
30 days after evacuation date if still hospitalized,
						receiving medical treatment or rehabilitation services by the military or
						Veterans Administration; does not include follow-up appointments.
$2,500....
60 days after evacuation date if still hospitalized,
						receiving medical treatment or rehabilitation services by the military or
						Veterans Administration; does not include follow-up appointments.
$2,500....
90 days after evacuation date if still hospitalized,
						receiving medical treatment or rehabilitation services by the military or
						Veterans Administration; does not include follow-up appointments.
(2)
			 Treatment or services must be provided in a location that is not the veteran's
			 home of record.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 11 - Injured Veterans Grant Program › Rule 801-11.3 - Eligible Veterans

Current through Register Vol. 47, No. 3, July 24, 2024
(1) For purposes
			 of this program, the term "veteran" means:
a.
			 A resident of this state who is or was a member of the national guard, reserve,
			 or regular component of the armed forces of the United States who has served on
			 active duty at any time after September 11, 2001, and, if discharged or
			 released from service, was discharged or released under honorable conditions;
			 or
b. A nonresident of this state
			 who is or was a member of a national guard unit located in this state prior to
			 alert for mobilization who has served on active duty at any time after
			 September 11, 2001, was injured while serving in the national guard unit
			 located in this state, is not eligible to receive a similar grant from another
			 state for that injury, and, if discharged or released from service, was
			 discharged or released under honorable conditions.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 11 - Injured Veterans Grant Program › Rule 801-11.4 - Notification and Application Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Retroactive application to September 11,
			 2001.
a. The department will accept
			 a consolidated roster of eligible injured veterans from a "flag officer level
			 command" or a central casualty notification agency of the responsible service
			 component as long as the roster includes the following information for each
			 veteran:
(1) Veteran's name, rank, and social
			 security number.
(2) Mailing
			 address for check disbursement.
(3)
			 Telephone numbers, including day, evening, and cell phone.
(4) Combat theater served.
(5) Date on which veteran was medically
			 evacuated from combat theater and verification of combat-related
			 injury.
(6) Date on which medical
			 or rehabilitative treatment was terminated. If the veteran is still receiving
			 treatment, "inpatient" or "outpatient" shall be noted on the form.
(7) Contact information for the agency
			 submitting the consolidated roster, including point of contact (POC), telephone
			 numbers, and E-mail address.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 11 - Injured Veterans Grant Program › Rule 801-11.5 - Taxability

Current through Register Vol. 47, No. 3, July 24, 2024
An injured veterans grant is exempt from Iowa income tax since
				the intent of the grant is to reimburse a veteran for family travel and lodging
				costs during the veteran's medical treatment and
				rehabilitation.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 13 - Vietnam Conflict Veterans Bonus › Rule 801-13.1 - Bonus for Persons Serving in the Vietnam Service Area

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Service requirement.
A
			 person serving in the Vietnam service area is a person who served on active
			 duty for not less than 120 days in the armed forces of the United States, and
			 who served at any time between July 1, 1973, and May 31, 1975, both dates
			 inclusive, and who at the time of entering into active duty service was a legal
			 resident of the state of Iowa, and who had maintained the person's residence in
			 this state for a period of at least six months immediately before entering into
			 active duty service, and was honorably discharged or separated from active duty
			 service, or is still in active service in an honorable status, or has been
			 retired, or has been furloughed to a reserve, or has been placed on inactive
			 status and was on active duty service in the Vietnam service area, within the
			 dates specified in this subrule, if the veteran earned either a Vietnam service
			 medal or an armed forces expeditionary medal Vietnam or can otherwise establish
			 service in the Vietnam service area during that period.
(2)
Compensation.
Compensation for persons who served in the Vietnam service area shall be as
			 follows:
a. The amount of compensation shall
			 be the sum of $ 17.5 0 for each month that the person was on active duty
			 service in the Vietnam service area, within the dates specified in subrule
			 13.1(1).
b. In addition, the person
			 shall receive compensation at the sum of $12.50 for each month that the person
			 was on active duty service within the dates specified in subrule 13.1(1) and
			 was not in the Vietnam service area. For example, a person who served six
			 months in the Vietnam service area and six months not in the Vietnam service
			 area will receive compensation for six months at $17.50 per month, which is
			 $105, and six months at $12.50 per month, which is $75, for a total
			 compensation payment of $180.
c.
			 Compensation under this subrule shall not exceed a total sum of $500.
			 Compensation for a fraction of a month shall not be considered unless the
			 fraction is 16 days or more, in which case the fraction shall be computed as a
			 full month.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 13 - Vietnam Conflict Veterans Bonus › Rule 801-13.2 - Bonus for Persons Serving Outside the Vietnam Service Area

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Service
			 requirement.
A person serving outside the Vietnam service area is a
			 person otherwise qualified under subrule 13.1(1) except that the person did not
			 earn either a Vietnam service medal or an armed forces expeditionary medal
			 Vietnam and did not serve in the Vietnam service area during the period between
			 July 1, 1973, and May 31, 1975, both dates inclusive.
(2)
Compensation.
Compensation shall be the sum of $12.50 for each month that the person was on
			 active duty service within the dates specified in subrule 13.2(1). Compensation
			 under this subrule shall not exceed a total sum of $300. Compensation for a
			 fraction of a month shall not be considered unless the fraction is 16 days or
			 more, in which case the fraction shall be computed as a full month.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 13 - Vietnam Conflict Veterans Bonus › Rule 801-13.3 - Other Vietnam Veterans Compensation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Compensation from other
			 states.
A person is not entitled to compensation pursuant to this
			 chapter if the person received from another state a bonus or compensation
			 similar to that provided in this chapter.
(2)
Compensation from previous
			 bonus.
The maximum compensation a person may receive pursuant to this
			 chapter shall be reduced by the amount of any Vietnam veterans bonus received
			 from this state by that person for service prior to July 1, 1973. For example,
			 if a veteran received compensation under the Vietnam veterans bonus authorized
			 in 1973 Iowa Acts, House File 656, for service between July 1, 1958, and June
			 30, 1973, that compensation would be subtracted from the maximum amount
			 permitted under this chapter in order to determine the amount of compensation
			 the veteran may receive under this chapter. If the veteran received the maximum
			 amount permitted, no compensation is payable under this chapter.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 13 - Vietnam Conflict Veterans Bonus › Rule 801-13.4 - Definition of Active Duty

Current through Register Vol. 47, No. 3, July 24, 2024
"Active duty" means full-time duty in the armed forces of the
				United States, excluding active duty for training purposes only and excluding
				any period a person was assigned by the armed forces to a civilian institution
				for a course of education or training which was substantially the same as
				established courses offered to civilians, or as a cadet or midshipman, however
				enrolled, at one of the service academies.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 13 - Vietnam Conflict Veterans Bonus › Rule 801-13.5 - Survivor Compensation

Current through Register Vol. 47, No. 3, July 24, 2024
The 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 the compensation that the
				deceased person would be entitled to pursuant to this chapter, if living.
				However, if any person has died or shall die, or is disabled, from
				service-connected causes incurred during the period and in the area from which
				the person is entitled to receive compensation pursuant to this chapter, the
				person or the first survivor as designated by this rule, and in the order
				named, shall be paid $500 or $300, whichever maximum amount would have applied
				pursuant to rule
				801-13.1
				(35A) or
				801-13.2
				(35A), regardless of the length of service.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 13 - Vietnam Conflict Veterans Bonus › Rule 801-13.6 - Persons Not Eligible for Compensation

Current through Register Vol. 47, No. 3, July 24, 2024
A person is not entitled to compensation pursuant to this
				chapter if the person was on active duty service after July 1, 1973, and the
				person refused to be subject to military discipline on conscientious,
				political, religious, or other grounds.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 13 - Vietnam Conflict Veterans Bonus › Rule 801-13.7 - Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
A person who knowingly makes a false statement relating to a
				material fact in supporting an application under this chapter is guilty of a
				serious misdemeanor. A person convicted under Iowa Code section
				35A.8
				as amended by 2007 Iowa Acts, Senate File 578, section 1, subsection 5c, shall
				forfeit all benefits to which the person may have been entitled under this
				chapter.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 13 - Vietnam Conflict Veterans Bonus › Rule 801-13.9 - Application Procedures and Determination of Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application procedures.
Application shall be made on forms provided by the Iowa department of veterans
			 affairs. Applications may be obtained from the department at the address listed
			 in subrule 13.9(4) or from the department's Web site at
www.iowava.org
. The applicant shall provide the
			 information requested on the application and include any additional
			 documentation required (for example, a copy of the applicant's DD Form 214).
			 The completed application, including documentation, shall be returned to the
			 department at the address listed in subrule 13.9(4).
(2)
Department processing and
			 investigation.
The executive director of the Iowa department of
			 veterans affairs will approve or disapprove the application.
(3)
Appeals procedure.
Decisions of the executive director are subject to review by the commission
			 pursuant to 801-Chapter 8, Contested Cases. Applicants may appeal the decisions
			 of the commission as provided by Iowa Code section
			 17A.19.
(4)
Office address.
Persons
			 may contact the Iowa department of veterans affairs at Camp Dodge, Bldg. A6A,
			 7105 NW 70th Avenue, Johnston, Iowa 50131-1824; telephone (515)242-5331 or
			 1-800-838-4692; fax (515)242-5659. The department's Web address is
www.iowava.org
.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 14 - Veterans Trust Fund › Rule 801-14.2 - Definition

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter, "veteran" means the same as
				defined in Iowa Code section
				35.1 and federal VA
				regulations; a resident of Iowa who served in the armed forces of the United
				States, completed a minimum aggregate of 90 days of active federal service,
				other than training, and was discharged under honorable conditions; or a former
				member of the national guard, reserve, or regular component of the armed forces
				of the United States who was honorably discharged due to injuries incurred
				while on active federal service that precluded completion of a minimum
				aggregate of 90 days of active federal service, other than
				training.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 14 - Veterans Trust Fund › Rule 801-14.3 - Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
Veterans, their spouses, their dependents, and unremarried
				spouses of deceased veterans applying for benefits available under subrules
				14.4(1) through 14.4(9) must meet the following threshold requirements.
				Regarding funding from other sources, applications shall not be approved if the
				applicant is eligible to receive aid from other sources to meet the purposes
				authorized in this chapter.
(1)
Income.
The department may not pay benefits under this chapter
			 if the available liquid assets of a veteran are in excess of $20,000. For the
			 purposes of this chapter, an applicant's household income, including VA pension
			 benefits, service-connected disability income, and social security income,
			 shall not exceed 300 percent of the federal poverty guidelines for the number
			 of members living in the primary residence in effect on the date the
			 application is received by the county director of veterans affairs. Federal
			 poverty guidelines shall be those guidelines established by the Iowa department
			 of human services for the veteran's family size. The commission shall adjust
			 the guidelines on July 1 of each year to reflect the most recent federal
			 poverty guidelines.
(2)
Resources.
For the purposes of this chapter, "available liquid
			 assets" means cash on hand, cash in a checking or savings account, stocks,
			 bonds, certificates of deposit, treasury bills, money market funds and other
			 liquid investments owned individually or jointly by the applicant and the
			 applicant's spouse, unless the applicant and spouse are separated or are in the
			 process of obtaining a divorce, but does not include funds deposited in IRAs,
			 Keogh plans or deferred compensation plans, unless the veteran is eligible to
			 withdraw such funds without incurring a penalty. Cash surrender value of life
			 insurance policies, real property, established burial account, or a personal
			 vehicle shall not be included as available liquid assets.
(3)
Additional requirements and
			 limitations.
Applicants must meet any additional requirements and are
			 subject to any limitations which may be set out in this chapter or which may be
			 established for a particular benefit.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 14 - Veterans Trust Fund › Rule 801-14.4 - Benefits Available

Current through Register Vol. 47, No. 3, July 24, 2024
Applications may be approved for any of the following purposes.
				By a majority vote, the commission may suspend some or all of these benefits
				for payment.
(1)
Travel
			 expenses for wounded veterans, their spouses or a caregiver, directly related
			 to medical care.
Travel expenses under this subrule include the
			 unreimbursed cost of airfare, lodging, and a per diem of $50 per day for
			 required medical appointments from the veteran's home. Spouses or caregivers
			 may be reimbursed for in-state lodging and a per diem of $50 per day when
			 visiting a veteran who is in a hospital for medical care related to an injury
			 or disability. The veteran or the veteran's spouse or caregiver shall provide
			 such evidence as the commission may require, which includes but is not limited
			 to evidence the injury or disability is service-connected, the necessity of
			 treatment in a particular facility, and documentation of expenses. The maximum
			 amount for travel expense reimbursement shall be $150 for in-state lodging. The
			 maximum amount of aid payable in a consecutive 12-month period under this
			 subrule is $1,800.
(2)
Job
			 training or college tuition assistance for job retraining.
a. The commission may pay a veteran not more
			 than $5,000 for retraining or postsecondary education and Internet connection
			 to enable the veteran to obtain gainful employment. The commission may provide
			 aid under this subrule if all of the following apply:
(1) The veteran is enrolled in a training
			 course in a technical college or school, is enrolled in an accredited
			 postsecondary institution, or is engaged in a structured on-the-job training
			 program.
(2) The veteran is
			 unemployed, underemployed, or has received a notice of termination of
			 employment.
(3) The commission
			 determines that the veteran's proposed program, or current program, will
			 provide retraining or initial training that could enable the veteran to find
			 gainful employment. In making its determination, the commission shall consider
			 whether the proposed program, or current program, provides adequate employment
			 skills and is in an occupation for which favorable employment opportunities are
			 anticipated.
(4) The veteran
			 requesting aid has not received full reimbursement or payment from any other
			 retraining or education scholarship programs and the veteran does not have
			 other assets or income available to meet retraining or initial training
			 expenses. Applicants requesting aid under this subrule will only be granted the
			 unpaid portion of their tuition statement and a monthly Internet invoice.
			 Payments will be made directly to the institution and Internet
			 provider.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 14 - Veterans Trust Fund › Rule 801-14.5 - Application Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
Applications for benefits from the veterans trust fund may be
				obtained at any county veterans affairs office. The county director of veterans
				affairs shall date-stamp the application and submit it to the Iowa Department
				of Veterans Affairs, Camp Dodge, Bldg. 3465, 7105 NW 70th Avenue, Johnston,
				Iowa 50131-1824.
(1)
Application process
. A person who wishes to apply shall
			 complete an Application for Veterans Trust Fund form and provide such
			 documentation or other evidence as the commission may require in order to
			 determine the awarding or denial of the benefits available under this chapter.
(2)
Date of
			 application
. The date of the application shall be the date the signed
			 application and written verification are received by the Iowa department of
			 veterans affairs.
(3)
Eligibility determination
.
a. The county director of veterans affairs
			 shall make a recommendation to the Iowa commission of veterans affairs as to
			 whether to approve or deny the application. The Iowa commission of veterans
			 affairs or three or more commissioners may approve or deny all applications, to
			 include emergency applications. Applications submitted to the Iowa commission
			 of veterans affairs will be processed at its monthly meetings as set forth in
			 801-paragraph 1.2(2)"a" or during a conference call for the purpose of voting
			 on a trust fund expenditure. The trust fund administrator of the Iowa
			 department of veterans affairs shall notify an applicant within 15 days of the
			 commission's decision. An explanation of the reasons for rejection of an
			 application will accompany denials.
b. Applications for honor guard
			 reimbursements under subrule 14.4(11) shall be processed solely by the Iowa
			 department of veterans affairs and do not need commission approval for
			 expenditure of trust fund interest balance funds for this purpose.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 14 - Veterans Trust Fund › Rule 801-14.6 - Recovery of Erroneous Payments

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Erroneous payments.
The
			 commission may recover payments made as a grant under this chapter if any of
			 the following apply:
a. The information
			 provided by the applicant is inaccurate.
b. The commission incorrectly calculated the
			 grant amount.
c. The applicant is
			 not entitled to a grant or is entitled to a lower grant amount as a result of a
			 change in circumstances that affects the applicant's eligibility to receive the
			 grant.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 14 - Veterans Trust Fund › Rule 801-14.7 - Appeal Rights

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Appeal
			 action.
An applicant may appeal the initial decision to the full Iowa
			 commission of veterans affairs. The applicant shall appeal the decision of the
			 subcommittee to the commission in writing within 30 days of receiving the
			 written denial and shall provide relevant new information to substantiate the
			 appeal.
(2)
Final agency
			 action.
The approval or denial of an application by the commission or
			 by the department shall be the final decision of the agency.
(3)
Judicial review.
Judicial review of the commission's or department's final decisions may be
			 sought in accordance with Iowa Code section 17A.19.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 15 - Veterans Commemorative Property › Rule 801-15.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purposes of this chapter, the following terms are
				defined as follows:
"Department"
means the Iowa department of
				veterans affairs.
"Veteran"
means a deceased person who served
				in the armed forces of the United States during a war in which the United
				States was engaged or served full-time in active duty in a force of an
				organized state militia, excluding service in the National Guard when in an
				inactive status.
"Veterans commemorative property"
means any
				memorial as defined in Iowa Code section 5231.102, including a headstone,
				plaque, statue, urn, decoration, flag holder, badge, shield, item of
				memorabilia, or other embellishment, that identifies or commemorates any
				veteran or group of veterans, including any veterans organization or any
				military unit, company, battalion, or division.
"Veterans organization "
means the Grand Army
				of the Republic, Sons of Union Veterans of the Civil War, Sons of Confederate
				Veterans, Veterans of Foreign Wars, Disabled American Veterans, Paralyzed
				Veterans of America, Military Order of the Purple Heart, Forty and Eight,
				Vietnam Veterans of America, United Spanish War Veterans, the Jewish War
				Veterans of the United States, Inc., the Catholic War Veterans, Inc., American
				Legion, American Veterans of World War II, Italian American War Veterans of the
				United States, Inc., or other corporation or association of
				veterans.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 15 - Veterans Commemorative Property › Rule 801-15.3 - Notification Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notification.
Prior to the sale, trade or transfer of veterans
			 commemorative property, a person who owns or controls a property where veterans
			 commemorative property has been placed shall provide notice to the department
			 and obtain written authorization. Notification to the department shall be
			 submitted for review on forms provided by the department 60 days prior to the
			 proposed transaction date of the veterans commemorative property.
(2)
Notification forms.
Notification forms may be obtained from the Iowa Department of Veterans
			 Affairs, Camp Dodge, Bldg. 3465, 7105 NW 70th Avenue, Johnston, Iowa
			 50131-1824, or from the department's Web site at https://va.iowa.gov.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 15 - Veterans Commemorative Property › Rule 801-15.4 - Transaction Approval

Current through Register Vol. 47, No. 3, July 24, 2024
Upon receipt of transaction notification and supporting
				documentation, the department shall take action on the request within a
				reasonable time frame not to exceed 60 days. The following criteria will be
				considered in evaluating a request:
(1)
Risk of deterioration.
The department may authorize the sale, trade, or transfer of veterans
			 commemorative property, if the veterans commemorative property is determined to
			 be at risk of deterioration to a point where the veteran, group of veterans, or
			 veterans organization that the property commemorates will be
			 unrecognizable.
(2)
Relocation of veterans commemorative property to a suitable
			 location.
The department may authorize the sale, trade, or transfer of
			 veterans commemorative property if the transaction will be made with an
			 individual or organization that will preserve the current condition of the
			 property and will display the property in a manner that will commemorate the
			 veteran, group of veterans, or veterans organization for which the property was
			 intended.
(3)
To provide
			 for the maintenance of cemetery property.
The department may authorize
			 the sale, trade, or transfer of veterans commemorative property if the
			 transaction is necessary to ensure that sufficient funds are available to
			 maintain the cemetery where the veterans commemorative property is placed and
			 the specific lot, plot, grave, burial place, niche, crypt, or other place of
			 interment of a veteran or group of veterans.
(4)
Veterans commemorative property
			 will be suitably replaced.
The department may authorize the sale,
			 trade, or transfer of veterans commemorative property if the property will be
			 replaced at the same site, with a memorial that will continue to commemorate
			 the veteran, group of veterans, or veterans organization that the original
			 memorial was intended to honor.
(5)
Donating veterans organization approval.
The department may
			 authorize the sale, trade, or transfer of veterans commemorative property if
			 the veterans organization that is believed to have donated the property
			 consents to the transaction.
(6)
Lending owner approval.
The department may authorize the sale,
			 trade, or transfer of veterans commemorative property if the owner of the
			 property authorizes the transaction and is aware that the entity in possession
			 of the property will retain the proceeds of the transaction.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 15 - Veterans Commemorative Property › Rule 801-15.5 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Final
			 department action.
Action taken on the application shall be the final
			 decision of the department.
(2)
Review.
Review of the department's final decision may be
			 sought in accordance with Iowa Code section
			 17A.19. Written
			 notice of appeal should be directed to the Executive Director, Iowa Department
			 of Veterans Affairs, Camp Dodge, Bldg. A6A, 7105 NW 70th Avenue, Johnston, Iowa
			 50131-1824, within 30 days of receipt of final department action.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 15 - Veterans Commemorative Property › Rule 801-15.6 - Penalty

Current through Register Vol. 47, No. 3, July 24, 2024
Engaging in the sale, trade, or transfer of veterans
				commemorative property without department authorization is punishable as a
				simple misdemeanor pursuant to Iowa Code section
				37A.1(3).