Iowa Administrative Code › Agency 801 - Veterans Affairs, Iowa Department Of › Chapter 10 - Iowa Veterans Home › Rule 801-10.46 - Member Appeal Process

Current through Register Vol. 47, No. 3, July 24, 2024
A member who believes that any of the provisions of 801-Chapter
				10 have not been upheld or have been upheld unfairly may file an appeal.
(1) A member shall discuss the problem and
			 action desired with the assigned social worker within five working days of the
			 incident which caused the problem. The social worker shall investigate the
			 situation and attempt to resolve the problem within five working days of the
			 discussion with the member. If the assigned social worker has allegedly caused
			 the grievance, the member may file the grievance directly with the social work
			 supervisor.
(2) If unable to
			 resolve the problem, or if the member is dissatisfied with the solution, the
			 social worker shall assist the member with filing a formal grievance and shall
			 submit a report of the facts and recommendations to the administrator of
			 nursing within five working days of the discussion with the member. The
			 administrator of nursing shall inform the member of the decision in writing
			 within five working days of receipt of the social worker's report.
(3) If the member is not satisfied with the
			 decision of the administrator of nursing, or if no decision is given within the
			 time specified in subrule 10.46(2), the member may appeal to the commandant or
			 designee within ten working days of the decision of the administrator of
			 nursing or, if no decision is given, within ten working days of the time limit
			 specified in subrule 10.46(2). The grievance shall be submitted in writing and
			 contain a statement of the cause of the grievance and requested action. A copy
			 of the decision of the administrator of nursing shall be attached to the
			 grievance statement, if applicable. The commandant or designee shall
			 investigate the grievance and may hold an informal hearing with the member,
			 administrator of nursing, and other involved individuals. The commandant or
			 designee shall notify the member and the administrator of nursing of the
			 decision in writing within ten working days of receipt of the
			 grievance.
(4) If the member is not
			 satisfied with the decision of the commandant, or if no decision is given
			 within the time limits specified in subrule 10.46(3), the member may appeal to
			 the commission within ten working days of the commandant's decision. The member
			 and commandant shall be notified in writing within five working days of the
			 commission's receipt of the appeal. The commission shall schedule a hearing
			 with the member, commandant, and other involved individuals to determine the
			 facts and make a final decision.
(5) The member may appoint any individual to
			 represent the member in the appeal process, at the member's expense.
(6) No reprisals of any kind shall be taken
			 against a member for filing an appeal.
(7) The member may obtain judicial review of
			 the commission's final decision in accordance with Iowa Code chapter
			 17A.
(8) The time limits specified
			 in the above subrules may be extended when mutually agreed upon by the persons
			 involved in the appeal process.