reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 19 - Waiver Rules › Rule 781-19.10 - Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
An order granting or denying a waiver shall be in writing and
						shall 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 the action is based, and a description of the precise scope and duration
						of the waiver if one is issued.
(1)
Agency discretion.
The final decision on whether the
					circumstances justify the granting of a waiver shall be made at the sole
					discretion of the agency, upon consideration of all relevant factors. Each
					petition for a waiver shall be evaluated by the agency based on the unique,
					individual circumstances set out in the petition.
(2)
Burden of persuasion.
The burden of persuasion rests with the petitioner to demonstrate by clear and
					convincing evidence that the agency should exercise its discretion to grant a
					waiver from an agency rule.
(3)
'Narrowly tailored exception. A
waiver, if granted, shall
					provide the narrowest exception possible to the provisions of a rule.
(4)
Administrative
					deadlines.
When the rule from which a waiver is sought establishes
					administrative deadlines, the agency shall balance the special individual
					circumstances of the petitioner with the overall goal of uniform treatment of
					all similarly situated persons.
(5)
Conditions.
The agency may place any condition on a waiver
					that the agency finds desirable to protect the public health, safety, and
					welfare.
(6)
Time period of
					waiver A
waiver shall not be permanent unless the petitioner can show
					that a temporary waiver would be impracticable. If a temporary waiver is
					granted, there is no automatic right to renewal. At the sole discretion of the
					agency, a waiver may be renewed if the agency finds that grounds for a waiver
					continue to exist.
(7)
Time
					for ruling.
The agency shall grant or deny a petition for a waiver 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 petition is
					filed in a contested case, the agency shall grant or deny the petition no later
					than the time at which the final decision in that contested case is
					issued.
(8)
When deemed
					denied.
Failure of the agency to grant or deny a petition within the
					required time period shall be deemed a denial of that petition by the agency.
					However, the agency shall remain responsible for issuing an order denying a
					waiver
(9)
Service of
					order
Within seven days of its issuance, any order issued under this
					chapter 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.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 19 - Waiver Rules › Rule 781-19.11 - Public Availability

Current through Register Vol. 47, No. 3, July 24, 2024
All orders granting or denying a waiver petition shall be
						indexed, filed, and available for public inspection as provided in Iowa Code
						section
						17A.3.
						Petitions for a waiver and orders granting or denying a waiver petition are
						public records under Iowa Code chapter 22. Some petitions or orders may contain
						information the agency is authorized or required to keep confidential. The
						agency may accordingly redact confidential information from petitions or orders
						prior to public inspection.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 19 - Waiver Rules › Rule 781-19.12 - Submission of Waiver Information

Current through Register Vol. 47, No. 3, July 24, 2024
Within 60 days of granting or denying a waiver, the agency
				shall make a submission on the Internet site established pursuant to Iowa Code
				section 17A.9A for the submission of waiver information identifying the rules
				for which a waiver has been granted or denied, the number of times a waiver was
				granted or denied for each rule, a citation to the statutory provisions
				implemented by these rules, and a general summary of the reasons justifying the
				agency's actions on waiver requests. If practicable, the report shall detail
				the extent to which the granting of a waiver has established a precedent for
				additional waivers and the extent to which the granting of a waiver has
				affected the general applicability of the rule itself.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 19 - Waiver Rules › Rule 781-19.13 - Cancellation of a Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver issued by the agency pursuant to this chapter may be
						withdrawn, canceled, or modified if, after appropriate notice and hearing, the
						agency issues an order finding any of the following:
1. The petitioner or the person who was the
					subject of the waiver order withheld or misrepresented material facts relevant
					to the propriety or desirability of the waiver; or
2. The alternative means for ensuring that
					the public health, safety and welfare will be adequately protected after
					issuance of the waiver order have been demonstrated to be insufficient;
					or
3. The subject of the waiver
					order has failed to comply with all conditions contained in the order
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 19 - Waiver Rules › Rule 781-19.14 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Violation of a condition in a waiver order shall be treated as
						a violation of the particular rule for which the waiver was granted. As a
						result, the recipient of a waiver under this chapter who violates a condition
						of the waiver may be subject to the same remedies or penalties as a person who
						violates the rule at issue.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 19 - Waiver Rules › Rule 781-19.15 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the agency 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 sought to be invoked.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 20 - Iowa Able Savings Plan Trust › Rule 781-20.3 - Creation of Iowa Able Savings Plan Trust

Current through Register Vol. 47, No. 3, July 24, 2024
The plan is created as a trust pursuant to Iowa Code chapter
						121. The treasurer is the trustee of the plan and, pursuant to Iowa Code
						chapter 121, has all powers necessary to carry out and effectuate the purposes,
						objectives, and provisions of Iowa Code chapter 121 pertaining to the
						plan.
The plan provides for the establishment of accounts under the
						plan by eligible individuals in order to provide a means to save for qualified
						disability expenses. The eligible individual is the account owner. The
						treasurer shall segregate moneys received by the plan into two funds: the
						program fund and the administrative fund. Contributions to the plan made on
						behalf of an eligible individual may only be made in the form of cash. An
						account owner is not permitted to provide investment direction regarding
						contributions or earnings held by the plan.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 20 - Iowa Able Savings Plan Trust › Rule 781-20.4 - Participation Agreement and Plan Disclosure Documents

Current through Register Vol. 47, No. 3, July 24, 2024
The following material shall be used to administer the plan.
(1) The plan shall have a form of participation agreement which must be
								 used to establish an account. The participation agreement shall be signed and dated in accordance with the
								 requirements of the plan disclosure documents by the account owner to verify that the account owner agrees to
								 the terms and conditions of the plan.
(2) The plan will have plan
								 disclosure documents setting forth the terms of the plan and describing the investment options, procedures,
								 fees and costs applicable to the plan. The plan disclosure documents shall also set forth the privacy policy
								 adopted by the plan administrator for the plan. Persons interested in the plan should consult the plan
								 disclosure documents. The plan disclosure documents may be changed at any time by the plan administrator, and
								 any such change may impact the rights of the account owner under the plan.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 20 - Iowa Able Savings Plan Trust › Rule 781-20.5 - Eligible Individual

Current through Register Vol. 47, No. 3, July 24, 2024
An account owner must be an eligible individual. This rule establishes the
										following other requirements for opening an account:
(1) An account
								 owner may be a resident of any state.
(2) An account owner must
								 be a U.S. citizen or resident alien.
(3) An account owner must
								 have a valid social security number or tax identification number.
(4) An account owner must have a valid permanent U.S. street
								 address.
(5) No eligible individual may have more than one
								 account in an ABLE plan in existence at the same time. A prior ABLE account that has been closed does not
								 prohibit the subsequent creation of another ABLE account for the same account owner. As part of the
								 enrollment process, the person establishing the account will be required to certify under penalties of
								 perjury that the eligible individual for whom the account is being established has no other ABLE account
								 (except in the case of a rollover from an account that will terminate with the completion of the
								 rollover).
(6) If an individual desires to open an account based
								 on benefits eligibility, the individual must make the following certifications under penalties of perjury
								 that:
a. The individual is entitled to benefits based on blindness or
								 disability under Title II or XVI of the Social Security Act and has received a benefit verification letter
								 from the Social Security Administration and agrees to retain and provide the letter (or a genuine copy of the
								 letter or other evidence) to the plan, the plan administrator, the IRS, or the U.S. Department of the
								 Treasury upon request; and
b. The individual's disability meets
								 the qualifications set forth in Section 529A.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 20 - Iowa Able Savings Plan Trust › Rule 781-20.6 - Authorized Individual

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An
								 eligible individual may establish an account. If an eligible individual (whether a minor or adult) is unable
								 to establish the individual's own account, an account may be established on behalf of the eligible individual
								 by the eligible individual's agent under a power of attorney or, if none, by a conservator or legal guardian,
								 spouse, parent, sibling, grandparent of the eligible individual, or a representative payee appointed for the
								 eligible individual by the Social Security Administration, in that order, or as otherwise provided in Section
								 529A.
(2) The plan may accept a certification, made under
								 penalties of perjury, from the person seeking to establish an account (1) as to the basis for the person's
								 authority to establish the account, and (2) that there is no other person with a higher priority, set forth
								 in Section 529A, to establish the account.
(3) An authorized
								 individual may make investment decisions for the account owner. An authorized individual may neither have nor
								 acquire any beneficial interest in the account during the account owner's lifetime and must administer the
								 account for the benefit of the account owner. Whenever an action is required to be taken by an account owner
								 in connection with an account, the authorized individual may take such action on behalf of the account
								 owner.
(4) An adult account owner with legal capacity may appoint
								 an individual as an authorized individual.
(5) An authorized
								 individual may be required to provide supporting documentation to the plan, including documentation of the
								 authority of the individual to establish the account, in accordance with the plan disclosure documents. The
								 plan may freeze an account until the plan receives the required documentation.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 20 - Iowa Able Savings Plan Trust › Rule 781-20.8 - Forms

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Appropriate forms must be completed on
								 paper, online or via telephone (whichever is applicable for the requested actions) to perform the actions set
								 forth in and in accordance with the plan disclosure documents. Current forms are available online at
								 IAble.gov. Among the actions which require the completion of an appropriate form are opening and closing an
								 account, transferring ownership rights of an account to another person, changing investments, requesting a
								 full or partial withdrawal, requesting a rollover, and assigning an authorized individual.
(2) The plan administrator may from time to time provide additional forms
								 for use by account owners in connection with actions involving the plan and will make those forms available
								 online and in paper format and may authorize substitute forms for the plan or a process in lieu of forms
								 except when not permitted by Iowa Code chapter 121.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 20 - Iowa Able Savings Plan Trust › Rule 781-20.9 - Plan Administrator Rights and Responsibilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The plan administrator reserves the right to:
a. Freeze an account, suspend account services or do both:
(1) if the plan administrator receives notice of a dispute regarding
								 account assets or account ownership, including notice of the death of an account owner (until appropriate
								 documentation is received and the plan administrator reasonably believes that it is lawful to transfer
								 account ownership);
(2) if the plan administrator reasonably
								 believes a fraudulent transaction may occur or has occurred;
(3)
								 in the event of a challenge to the authority of an individual to establish or act on an account; or
(4) when a minor account owner reaches the age of majority (until
								 appropriate documentation is received);
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 20 - Iowa Able Savings Plan Trust › Rule 781-20.10 - Contributions

Current through Register Vol. 47, No. 3, July 24, 2024
The participation agreement and plan disclosure documents will provide for
										limits on the annual and total contributions to an account. This rule provides for implementation of such
										provisions.
(1) Section 529A mandates an annual contribution limit
								 for qualified ABLE programs. The account limit is subject to adjustment as provided in Section 529A. The
								 limit may change from time to time, and any change will be set forth in the plan disclosure
								 documents.
(2) Anyone is allowed to make a contribution at any
								 time during the calendar year to an account provided that the total of all annual contributions may not
								 exceed the annual contribution limit and that all contributions are in compliance with the other requirements
								 set forth in the plan disclosure documents.
(3) The plan
								 administrator shall actuarially determine an account balance limit applicable to the account of an account
								 owner. No additional contributions may be made to an account when the fair market value of the account
								 exceeds the account balance limit listed in the plan addendum. Accounts that have reached the account balance
								 limit may continue to accrue earnings, although future contributions may not be made to such accounts. If,
								 however, the market value of an account falls below the account balance limit due to market fluctuations and
								 not as a result of withdrawals from the account, additional contributions will be accepted.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 20 - Iowa Able Savings Plan Trust › Rule 781-20.11 - Substitution or Change of Beneficiary; Balance Transfer

Current through Register Vol. 47, No. 3, July 24, 2024
Iowa Code section 121.3(3)
"a"
provides that beneficiaries may
										be changed subject to the rules and regulations of the treasurer. This rule establishes the criteria for
										substituting one beneficiary for another. Beneficiary changes shall also be subject to the procedures set
										forth in the plan disclosure documents.
(1) The beneficiary must be
								 the account owner. At the time of the substitution, the substitute beneficiary must be an eligible
								 beneficiary pursuant to rule 781-20.5 (121) and must be a member of the family of the beneficiary being
								 replaced.
(2) An account owner has the right to change the
								 beneficiary of an account. An account owner may request that a beneficiary be substituted by submitting the
								 appropriate form to the plan administrator.
(3) All or a portion
								 of an account owner's account balance may be transferred to another account within the plan but only during
								 the life of the account owner. At the time of the transfer, the transferee must be an eligible individual and
								 a member of the family of the transferor-account owner.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 20 - Iowa Able Savings Plan Trust › Rule 781-20.12 - Transfer of Account on Death

Current through Register Vol. 47, No. 3, July 24, 2024
The account owner has the right to designate a successor account owner in the
										event of the death of the account owner in accordance with these rules and the plan disclosure
										documents.
(1) An account owner may designate a successor account
								 owner to succeed to the ownership of the account upon the death of the account owner provided that the
								 successor account owner must be another eligible individual who is a member of the family of the account
								 owner. To designate a successor account owner at death, the account owner shall complete the appropriate form
								 and provide any requested documentation.
(2) Upon the death of
								 the account owner, the successor account owner must notify the plan by submitting a completed participant
								 enrollment form and a certified copy of the death certificate. The change in ownership of the account will
								 become effective for the successor participant once this paperwork has been received and processed. The
								 amount to be transferred is subject to payment of certain expenses as set forth in the Internal Revenue
								 Code.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 20 - Iowa Able Savings Plan Trust › Rule 781-20.13 - Qualified Withdrawals

Current through Register Vol. 47, No. 3, July 24, 2024
This rule establishes the procedures for the payment of qualified withdrawals.
										A qualified withdrawal is a withdrawal from an account that is used to pay for any qualified disability
										expenses of the account owner.
(1) The account owner must initiate
								 the withdrawal for qualified disability expenses. The account owner must file the appropriate form with the
								 plan administrator.
(2) Qualified withdrawals will be paid as
								 provided in the plan disclosure documents.
(3) Each qualified
								 withdrawal will be comprised partly of contributions and partly of earnings, based upon the same proportion
								 that contributions and earnings comprise the account owner's account at the time of the withdrawal.
(4) Funds that are distributed to or for the benefit of an account owner
								 shall be reported to the IRS on a 1099-Q in the tax year in which the withdrawal is made. The account owner
								 will receive the 1099-Q for any withdrawals made to or as instructed by the account owner. The account owner
								 receiving the 1099-Q must determine whether the withdrawal was made for a qualified disability expense or was
								 a nonqualified withdrawal.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 20 - Iowa Able Savings Plan Trust › Rule 781-20.14 - Nonqualified Withdrawals and Participation Agreement Cancellation

Current through Register Vol. 47, No. 3, July 24, 2024
An account owner has the exclusive right to cancel a participation agreement
										and may do so at will. This rule establishes the criteria for nonqualified withdrawals from an account or for
										the cancellation of a participation agreement.
(1) The earnings
								 portion of a nonqualified withdrawal is subject to federal income taxation and the federal penalty tax except
								 in certain limited circumstances.
(2) An account owner may at any
								 time make a nonqualified withdrawal of a portion of the amount in an account or cancel a participation
								 agreement, without cause, by submitting the appropriate form to the plan administrator. A nonqualified
								 withdrawal will be paid only to the account owner.
(3) Upon
								 cancellation of a participation agreement, an account owner shall be entitled to the return of the account
								 owner's account balance. If the participation agreement is canceled, the account owner is entitled to the
								 amount in the account, subject to any applicable fees and expenses. The balance shall be mailed or otherwise
								 sent to the account owner after receipt of the appropriate form by the plan administrator.
(4) Funds that are distributed to an account owner in a nonqualified
								 withdrawal shall be reported to the IRS on a 1099-Q in the tax year in which the withdrawal is made. The
								 account owner will receive the 1099-Q for any withdrawal. Nonqualified withdrawals may be subject to state
								 and federal taxes and penalties. Withdrawals may be requested online or by calling the plan. In certain
								 instances, additional documentation may be required before a withdrawal may be processed. Only the account
								 owner may direct withdrawals from the account. Withdrawals will be sent as provided in the plan disclosure
								 documents.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 20 - Iowa Able Savings Plan Trust › Rule 781-20.15 - Account Statements

Current through Register Vol. 47, No. 3, July 24, 2024
Account owners will receive quarterly account statements, which will include
										the total value of the account and a list of transactions within the account for that quarterly period.
										Account owners will receive account statements, transaction confirmations, and other personal correspondence
										in paper format unless the account owner signs up for electronic delivery. Fees may vary as provided in the
										disclosure documents depending on the method of delivery selected.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 20 - Iowa Able Savings Plan Trust › Rule 781-20.16 - State Tax Treatment

Current through Register Vol. 47, No. 3, July 24, 2024
The maximum amount that may be deducted per year for Iowa income tax purposes
										by an individual who is a resident of this state for contributions to an account shall not exceed the maximum
										deductible amount determined for the year pursuant to Iowa Code section 12D.3(1). The adjusted annual maximum
										shall be communicated to account owners in the plans and to the public in any reasonable manner determined by
										the plan administrator. State inheritance tax treatment of interests in the plan shall be as provided in Iowa
										Code section 450.4(9).
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 20 - Iowa Able Savings Plan Trust › Rule 781-20.19 - Reports-annual Audited Financial Report-reports Under Federal Law

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The plan
					administrator shall submit an annual audited financial report, prepared in
					accordance with generally accepted accounting principles, on the operations of
					the plan by November 1 to the governor and the general assembly. The annual
					audit shall be made either by the auditor of state or by an independent
					certified public accountant designated by the auditor of state and shall
					include direct and indirect costs attributable to the use of outside
					consultants, independent contractors, and any other persons who are not state
					employees.
(2) The annual audit
					shall be supplemented by any of the following information prepared by the
					treasurer.
a. Any related studies or
					evaluations prepared in the preceding year;
b. A summary of the benefits provided by the
					plan, including the number of account owners in the plan; and
c. Any other information deemed relevant by
					the plan administrator in order to make a full, fair, and effective disclosure
					of the operations of the plan.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 20 - Iowa Able Savings Plan Trust › Rule 781-20.20 - Federal Tax Treatment

Current through Register Vol. 47, No. 3, July 24, 2024
For federal income tax purposes, the plan shall be considered a
						qualified ABLE program exempt from taxation pursuant to Section 529A and shall
						be operated so that it meets the requirements of Section
						529A.
Iowa Administrative Code › Agency 781 - Treasurer of State › Chapter 20 - Iowa Able Savings Plan Trust › Rule 781-20.21 - Appeal of Decisions

Current through Register Vol. 47, No. 3, July 24, 2024
An account owner may appeal any decision of the plan
						administrator under these rules and with respect to the plan.
(1) An account owner may utilize the appeals
					process after receipt of the decision from the plan administrator.
(2) Failure to submit the appeal request
					within 30 calendar days of receipt of the decision from the plan administrator
					shall constitute an acceptance of the decision.
(3) The account owner shall submit to the
					plan administrator a written request for an appeal along with all supporting
					documentation.
(4) The plan
					administrator shall contact the account owner and schedule an appeal meeting
					within 30 calendar days of receipt of the account owner's appeal
					request.
(5) An appeal review shall
					be conducted, at which time the account owner shall present evidence supporting
					the account owner's basis for the appeal.
(6) Based on the evidence and additional
					information presented during the appeal, the plan administrator will render a
					final decision. Such final decision will be written and sent to the account
					owner within 30 calendar days of the appeal meeting.
Iowa Administrative Code › Agency 787 - Turkey Marketing Council, Iowa › Chapter 1 - Refunds › Rule 787-1.1 - Refunds

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  An assessment imposed under Iowa Code section  184.2 shall not be refunded on turkeys raised in Iowa.
(2)  An assessment may be refunded on turkeys raised in another state and processed in Iowa if both of the following criteria are met:
a. The refund is requested by an organization representing the interests of the turkey producers in the state in which the turkeys were raised.
b. The organization requesting the refund has a signed and effective agreement on file between it and the Iowa Turkey Marketing Council regarding the refund.
This rule is intended to implement 1999 Iowa Acts, chapter 158.
Iowa Administrative Code › Agency 791 - Uniform State Laws Commission › Chapter 1 - General Information › Rule 791-1.1 - Duties

Current through Register Vol. 47, No. 3, July 24, 2024
The commission on uniform laws is establish by Iowa Code sections 5.1 to 5.4 and is charged with the duties of (1) attending the meeting of the National Conference of Commissioners on Uniform State Laws, (2) promoting uniformity in state laws when this is deemed desirable and practicable, and (3) reporting to the general assembly at each of its sessions.
Iowa Administrative Code › Agency 791 - Uniform State Laws Commission › Chapter 1 - General Information › Rule 791-1.2 - Implementation

Current through Register Vol. 47, No. 3, July 24, 2024
The commission functions by (1) attending the meeting of the national conference, (2) contacting members and committees of the general assembly, (3) reporting to the general assembly and the governor, (4) participating in the committee work of the national conference, and (5) informing members of the general public about the work of the national conference and receiving ideas from individuals.
Iowa Administrative Code › Agency 791 - Uniform State Laws Commission › Chapter 1 - General Information › Rule 791-1.3 - Contacting Commission

Current through Register Vol. 47, No. 3, July 24, 2024
Communications to the commission should be addressed to its Chairman, Professor Arthur Earl Bonfield, College of Law, University of Iowa, Iowa City, Iowa 52242, telephone (319)335-9020.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 1 - Organization and Procedures › Rule 801-1.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
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.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 1 - Organization and Procedures › Rule 801-1.2 - Commission

Current through Register Vol. 47, No. 3, July 24, 2024
The commission is established and operates in accordance with
				Iowa Code chapter 35A.
(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).
(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.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 1 - Organization and Procedures › Rule 801-1.4 - Commandant

Current through Register Vol. 47, No. 3, July 24, 2024
The commandant is responsible for administering and enforcing
				all rules adopted by the commission pertaining to the operation of the Iowa
				Veterans Home.
(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.
(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.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 1 - Organization and Procedures › Rule 801-1.5 - Iowa Veterans Cemetery

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall operate and administer the Iowa Veterans
				Cemetery in accordance with United States Department of Veterans Affairs'
				standards.
(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.
(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
.
(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.
(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.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 1 - Organization and Procedures › Rule 801-1.7 - Armed Forces Graves Registration

Current through Register Vol. 47, No. 3, July 24, 2024
Armed forces graves registration shall be completed as
				follows:
(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.
(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).
(3)
Where filed.
The
			 original Armed Forces Graves Registration Record shall be filed at the office
			 of the executive director.
(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.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 1 - Organization and Procedures › Rule 801-1.11 - Merchant Marine War Bonus

Current through Register Vol. 47, No. 3, July 24, 2024
The merchant marine war bonus shall be administered in
				accordance with 1999 Iowa Acts, chapter 180, sections 2 and 5.
(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.
(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.
(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.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 2 - Petition for Rule Making › Rule 801-2.1 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate office)", insert "the office
				of the executive director. This office is located at Camp Dodge, Building 3465,
				7105 NW 70th Avenue, Johnston, Iowa 50131-1824".
In lieu of the words "(agency name)", insert "Iowa commission
				of veterans affairs".
(3) The
			 executive director shall notify the chairperson of the commission that the
			 petition has been filed.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 2 - Petition for Rule Making › Rule 801-2.3 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate official by full title and
				address)", insert "the executive director at Camp Dodge, Building 3465, 7105 NW
				70th Avenue, Johnston, Iowa 50131-1824. The telephone number is
				(515)252-4698".
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 3 - Declaratory Rulings › Rule 801-3.1 - Petition for Declaratory Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate office)", insert "the office
				of the executive director. This office is located at Camp Dodge, Building 3465,
				7105 NW 70th Avenue, Johnston, Iowa 50131-1824".
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."
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 3 - Declaratory Rulings › Rule 801-3.3 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate official by full title and
				address)", insert "the executive director at Camp Dodge, Building 3465, 7105 NW
				70th Avenue, Johnston, Iowa 50131-1824. The telephone number is
				(515)252-4698".
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 4 - Agency Procedure for Rule Making › Rule 801-4.5 - Public Participation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 In lieu of the words "(identify office and address)", insert "the office of the
			 executive director. This office is located in Building 3465 at Camp Dodge, 7105
			 NW 70th Avenue, Johnston, Iowa 50131-1824".
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 4 - Agency Procedure for Rule Making › Rule 801-4.6 - Regulatory Flexibility Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
(3) In lieu of the words "(designate
			 office)", insert "the office of the executive director. This office is located
			 in Building 3465 at Camp Dodge, 7105 NW 70th Avenue, Johnston, Iowa
			 50131-1824".
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 4 - Agency Procedure for Rule Making › Rule 801-4.11 - Concise Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
(1) General.
In lieu of the words "(specify office and address)", insert
				"the office of the executive director. This office is located in Building 3465
				at Camp Dodge, 7105 NW 70th Avenue, Johnston, Iowa
				50131-1824".
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 4 - Agency Procedure for Rule Making › Rule 801-4.14 - Uniform Waiver Rule

Current through Register Vol. 47, No. 3, July 24, 2024
(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.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 4 - Agency Procedure for Rule Making › Rule 801-4.15 - Procedures for Granting Waivers

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any person may
			 file a petition with the commission of veterans affairs requesting a waiver, 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.
(2) A petition
			 for a waiver shall include the following information where applicable and known
			 to the person requesting the waiver:
a. The
			 name, address, and case number or state identification number of the entity or
			 person for whom a waiver is requested.
b. A description and citation of the specific
			 rule from which a waiver is requested.
c. The specific waiver requested, including the precise scope and
			 operative period that the waiver will extend.
d. The relevant facts that the petitioner
			 believes would justify a waiver. 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.
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 request.
h. Signed releases of information
			 authorizing persons with knowledge regarding the request to furnish the
			 commission with information pertaining to the waiver.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 6 - Fair Information Practices › Rule 801-6.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
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.
Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 6 - Fair Information Practices › Rule 801-6.3 - Request for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(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, 7105 NW 70th Avenue, Johnston,
			 Iowa 5 0131 -1824. If the request for access to a record is misdirected, agency
			 personnel will promptly forward the request to the appropriate person within
			 the agency.
(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".
(7)
Supervisory
			 fee.
In lieu of the words "(specify time period)", insert "one-half
				hour".