ARC 0191D

ARC 0191D

VETERANS AFFAIRS, IOWA DEPARTMENT OF[801]

Notice of Intended Action

Proposing rulemaking related to county commissions of veteran affairs fund and training program and providing an opportunity for public comment

    The Iowa Department of Veterans Affairs hereby proposes to rescind Chapter 7, “County Commissions of Veteran Affairs Fund and Training Program,” Iowa Administrative Code, and to adopt a new Chapter 7 with the same title.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code sections 35A.5, 35A.16, and 35B.6; 2025 Iowa Acts, House File 250; and Executive Order 10.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code sections 35A.5, 35A.16, and 35B.6; 2025 Iowa Acts, House File 250; and Executive Order 10.

Purpose and Summary

    This proposed rulemaking explains the requirements that county veterans service officers (VSOs) must meet in order to be in compliance with State law, as well as requirements counties must meet to receive funding from the State.

Regulatory Analysis

    A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on September 17, 2025. A public hearing was held on the following date(s):

     ?   October 14, 2025

Fiscal Impact

    This rulemaking has no fiscal impact to the State of Iowa. Executive Order 10 edits also have been made.

Jobs Impact

    After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 801—Chapter 1.

Public Comment

    Any interested person may submit written comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on May 8, 2026. Comments should be directed to:

Public Hearing

    A public hearing at which persons may present their views orally or in writing will be held as follows:

    Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

    Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.

Review by Administrative Rules Review Committee

    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

    The following rulemaking action is proposed:

    ITEM 1.  Rescind 801—Chapter 7 and adopt the following new chapter in lieu thereof:

CHAPTER 7

COUNTY COMMISSION OF VETERAN AFFAIRS FUND AND TRAINING PROGRAM

801—7.1(35A,35B) County commissions of veteran affairs fund.

    7.1(1) Purpose. The purpose of the county commissions of veteran affairs fund is to assist county commissions of veteran affairs in complying with legislative requirements for employing a county veterans service officer who complies with all directives of the commandant of the Iowa department of veterans affairs regarding the completion of training or certification required for the person’s position under applicable state and federal law, maintains an active Personal Identification Verification (PIV) card necessary to access the Veterans Administration’s Veterans Benefit Management System, is employed in veterans affairs service for a minimum number of hours, and maintains an office in a location owned or leased by the county.

    7.1(2) County training allocation amounts. Counties requesting reimbursement from the department in accordance with Iowa Code section 35A.16(4) will make their requests in accordance with state travel policies. Required supporting documentation for eligible expenses shall be submitted during the fiscal year up to the $3,000 annual allocation within 30 days of training completion but no later than June 30 of each fiscal year.

    7.1(3) Allocation report. Counties shall submit a written report to the department 30 days following the end of the fiscal year in which the allocation was received. The report will include:

    a.  An assessment of county veteran affairs services, including county population, verification of an office, hours of employment, and number of hours of veterans’ services provided by the county veterans service officer.

    b.  Documentation that the county veterans service officer is performing required duties and maintaining qualifications and credentials pursuant to Iowa Code section 35B.6.

    c.  A comprehensive summary of county veteran affairs expenditures for the fiscal year in which the allocation was received and the expenditures from the previous fiscal year.

Information provided in this report is used by the department to comply with rule 801—7.3(35A,35B).

    7.1(4) Recovery of funds. The department is the entity charged with the recovery of county commissions of veteran affairs fund allocations from counties under the following circumstances.

    a.  Unauthorized use. Counties expending a portion of the allocation on items that do not provide services to veterans pursuant to Iowa Code section 35B.6 will be required to return the unauthorized funds to the state of Iowa.

    b.  Maintenance of effort. Counties not maintaining their previous fiscal year’s spending levels will be considered to have supplanted county funding with state allocation funds. Counties not complying with their maintenance of effort will be required to return the supplanted portion to the state of Iowa pursuant to Iowa Code section 35A.16(3).

    c.  Noncompliance. Counties that are not in compliance with the requirements of Iowa Code section 35B.6 on June 30 of each fiscal year will be required to return all moneys received during that fiscal year to the county commissions of veteran affairs fund pursuant to Iowa Code section 35A.16(3). Counties that are deemed noncompliant due to the termination or resignation of an employee are not required to return the state allocation if an employee is hired within three months of the previous employee’s separation.

801—7.2(35A,35B) County commission of veteran affairs training program. The department provides training for county veterans service officers in accordance with Iowa Code section 35A.5(6).

    7.2(1) County veterans service officers shall do the following within one year of appointment or will be subject to removal from office as provided for in Iowa Code section 35B.6(1)“c”:

    a.  Obtain and maintain all certifications that are federally required and provide documentation to the department.

    b.  Complete training as directed by the commandant of the Iowa department of veterans affairs.

    c.  Obtain and maintain a PIV card from the United States Department of Veterans Affairs as well as access to the Veterans Benefits Management System and provide the department with documentation. Upon request from a county commission of veteran affairs and based on extenuating circumstances, the commandant may extend the time frame for a veteran service officer to obtain a PIV card prior to being subject to removal from office. The decision of the commandant is final.

Counties shall submit to the department annually by July 30 all documentation required by this rule.

    7.2(2) County veterans service officers shall complete the following on an annual basis or will be subject to removal from office as provided for in Iowa Code section 35B.6(1)“c”:

    a.  Maintain all certifications that are federally required and annually provide documentation to the department.

    b.  Comply with all directives of the commandant of the Iowa department of veterans affairs regarding the completion of training or certification required for the person’s position under applicable state and federal law.

    c.  Maintain a PIV card from the United States Department of Veterans Affairs as well as access to the Veterans Benefits Management System.

Counties shall submit to the department annually by July 30 all documentation required by this section.

    7.2(3) County veterans service officers who fail to comply with subrules 7.2(1) and 7.2(2) shall be removed from their positions. Knowing violation of this provision constitutes noncompliance as provided in paragraph 7.1(4)“c.”

    7.2(4) The annual school of instruction and all associated training materials will be provided at the expense of the department and attendees will not be charged for participation in the training.

    7.2(5) Travel, meals, lodging, and miscellaneous expenses incurred while attending the annual school of instruction required by subrules 7.2(1) and 7.2(2) are the responsibility of the respective county.

    7.2(6) Any cost of initial training, accreditation, and continuing training that uses state funds shall follow the department’s travel policy. The department’s travel policy overrides county-specific travel policies.

    7.2(7) The department shall maintain documentation regarding any school of instruction required by subrules 7.2(1) and 7.2(2), including but not limited to agendas, presentation dates, attendees, certificate of satisfactory completion of accreditation or continuing education training, and the issuance of certificates of training.

    7.2(8) Inquiries regarding an annual school of instruction may be directed to the commandant or designee.

    7.2(9) Disputes regarding the annual school of instruction, certificates of training, and related matters are reviewed by the commandant, who will render a decision within ten days of receipt of all relevant facts and supporting materials. The decision of the commandant is final.

801—7.3(35A,35B) Report to the general assembly. To assist the department to prepare its annual report required by Iowa Code section 35A.5(14), each county commission of veteran affairs shall provide information required in Iowa Code section 35A.5(14)“a” through “c.” The department will provide each county executive director or administrator with a form to return to the department by July 30 of each year.

These rules are intended to implement Iowa Code chapters 35A and 35B.