ARC 0468D

ARC 0468D

VETERANS AFFAIRS, IOWA DEPARTMENT OF[801]

Adopted and Filed

Rulemaking related to organization and procedures

    The Iowa Department of Veterans Affairs hereby rescinds Chapter 1, “Organization and Procedures,” Iowa Administrative Code, and adopts a new Chapter 1 with the same title.

Legal Authority for Rulemaking

    This rulemaking is adopted under the authority provided in Iowa Code sections 17A.4, 17A.9A, 35A.5, 35A.8, 35B.6, 35B.11, 35B.19, 35D.1 and 35D.17; 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 17A.4, 17A.9A, 35A.5, 35A.8, 35B.6, 35B.11, 35B.19, 35D.1 and 35D.17; 2025 Iowa Acts, House File 250; and Executive Order 10.

Purpose and Summary

    This rulemaking is intended to update the organization and procedures of the Department and eliminate obsolete information.

Public Comment and Changes to Rulemaking

    Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on April 15, 2026, as ARC 0192D. A public hearing was held on the following date(s):

     ?   May 8, 2026

     An Amended Notice of Intended Action was published in the Iowa Administrative Bulletin on June 10, 2026, as ARC 0331D. A public hearing was held on the following date(s):

     ?   June 30, 2026

    No public comments were received.

    Changes from the Notice have been made. First, the bracketed effective dates in subrules 1.4(1) and 1.4(3) were updated to September 9, 2026. Second, since the Notice was published, 2026 Iowa Acts, Senate File 2463, was enacted, which set uniform standards for waivers. The only opt-out the Department received from the Governor’s Office was for fair information; therefore, rules 801—1.7(17A,35D) and 801—1.8(17A,34D) would be redundant with 7—Chapter 2504, which now governs the Department. Those two proposed rules were not adopted, and proposed rule 801—1.9(17A,35,35A) was subsequently renumbered.

Adoption of Rulemaking

    This rulemaking was adopted by the Department on July 15, 2026.

Fiscal Impact

     This rulemaking has no fiscal impact to the State of Iowa.

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.

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).

Effective Date

    This rulemaking will become effective on September 9, 2026.

    The following rulemaking action is adopted:

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

CHAPTER 1

ORGANIZATION AND PROCEDURES

801—1.1(35,35A,35D) Definitions. Unless otherwise provided for by law, the following definitions apply to 801—Chapters 1 through 17:

    “Annual school of instruction” means annual classroom certification and recertification training sponsored by the department for county veterans service officers to meet accreditation requirements of the commandant.

    “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, space force, 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.

    “Chairperson” means the chairperson of the commission.

    “Commandant” means the director of the Iowa department of veterans affairs.

    “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 veterans service officer” means an executive director or administrator of a county commission of veteran affairs.

    “Department” means the Iowa department of veterans affairs.

801—1.2(35,35A,35D) Commission. The commission is established and operates in accordance with Iowa Code chapter 35A.

    1.2(1) Office location. The commission maintains its office at the Iowa Department of Veterans Affairs at Camp Dodge. The mailing address is: Iowa Commission of Veterans Affairs, c/o Camp Dodge, Building 3465, 7105 NW 70th Avenue, Johnston, Iowa 50131-1824. The telephone number is 515.252.4698 or 1.800.838.4692 (1.800.VET.IOWA).

    1.2(2) Meetings and conduct of business.

    a.  Meetings. Regular meetings of the commission are held four times a year during the months of January, April, July, and October at 10 a.m. Written notices stating the time and place of the meetings shall be provided consistent with Iowa Code chapter 21. Special meetings may be held pursuant to call by the chairperson. Notice of time and place is posted in the same manner as a regular meeting.

    b.  A quorum consists of two-thirds of the membership appointed and qualified to vote.

    c.  A quorum is needed to carry a position.

    d.  Copies of minutes are kept on file in the office of the department.

    e.  In cases not covered by these rules, Robert’s Rules of Order apply.

    1.2(3) Duties. In addition to duties prescribed by law, the commission will:

    a.  Organize and annually select a chairperson, a senior vice-chairperson and a junior vice-chairperson at the first meeting of each state fiscal year.

    b.  Supervise the commandant’s administration of commission policy for the operation and conduct of the Iowa Veterans Home as set out in rule 801—1.4(35A,35D) and 801—Chapter 10.

    c.  Review proposed administrative rules submitted by the department concerning the management and operation of the department. Unless the commission votes to disapprove a proposed rule on a two-thirds vote at the earlier of the next regularly scheduled meeting of the commission or a special meeting of the commission called by the commission within 30 days of the date the proposed rule is submitted, the department may proceed to adopt the rule.

801—1.3(35,35A) Commandant. The commandant is responsible for administering the duties and enforcing the policies of the department, the commission, and the Iowa Veterans Home.

    1.3(1) Office location and hours. The office of the commandant is located at Camp Dodge, Building 3465, 7105 NW 70th Avenue, Johnston, Iowa 50131-1824. The office is open to the public during the hours of 8 a.m. to 4:30 p.m., except Saturday, Sunday, and holidays. The telephone number is 515.252.4698 or 1.800.838.4692 (1.800.VET.IOWA).

    1.3(2) Administrative staff. The commandant provides direction to administrative staff employed by the department to assist the commandant in carrying out assigned duties.

    1.3(3) Investigation of applications. The commandant examines all applications and approves or disapproves the same and makes any investigation necessary to establish facts regarding veterans service status and veterans affairs data in accordance with Iowa Code chapters 35 and 35A.

    1.3(4) Duties. In addition to duties prescribed by law, the department:

    a.  Ensures county commissions comply with required office hours.

    b.  Collects and maintains information concerning veterans affairs.

    c.  Assists the United States Department of Veterans Affairs, the Iowa Veterans Home, funeral directors, and federally chartered veterans service organizations in providing information concerning veterans’ service records and veterans affairs data.

    d.  Administers or conducts one school for training of county veterans service officers and another for county commissioners of veteran affairs pursuant to Iowa Code section 35A.5(6). At the discretion of the commandant, training for newly appointed county veterans service officers may also be conducted. Training provided for veterans service officers includes accrediting courses, as well as other subjects, at the discretion of the commandant, who certifies satisfactory completion. The training shall ensure that each county veterans service officer is proficient in the use of electronic mail, general computer use, and use of the Internet to access information regarding facilities, benefits, and services available to veterans and their families.

801—1.4(35A) Iowa Veterans Cemetery. The department operates and administers the Iowa Veterans Cemetery in accordance with United States Department of Veterans Affairs’ standards.

    1.4(1) Operation and maintenance. The cemetery shall be operated and maintained in accordance with national standards set forth in 38 U.S.C. 24 as effective on September 9, 2026.

    1.4(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 3465, Johnston, Iowa 50131-1824; or online at dva.iowa.gov/iowa-veterans-cemetery.

    1.4(3) Eligibility. The department makes eligibility for interment determinations consistent with 38 U.S.C. 24 as effective on September 9, 2026. State residency is not a component of eligibility.

801—1.5Reserved.

ARMED FORCES GRAVES REGISTRATION

801—1.6(35A,35B) Armed forces graves registration. Armed forces graves registration shall be completed as follows.

    1.6(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.

    1.6(2) Duties of the county commission. The county commission records the information alphabetically, and by description of location in the cemetery where the veteran is buried, in a book or other manner prescribed by the commission and kept for that purpose in the office of the county commission. The county commission forwards the original Armed Forces Graves Registration Record to the commandant at the address provided in subrule 1.3(1).

    1.6(3) Where filed. The original Armed Forces Graves Registration Record is filed at the office of the commandant.

    1.6(4) Forms. Additional Armed Forces Graves Registration Record forms may be obtained by contacting the commandant’s office in accordance with subrule 1.3(1).

This rule is intended to implement Iowa Code sections 35A.5 and 35B.19.

FINAL AGENCY ACTION

801—1.7(17A,35,35A) Final agency action. Except as otherwise provided by law or by rule, and to the extent consistent with due process, any decision of the commission or the department affecting the rights, privileges, or entitlements of any person as provided in 801—Chapters 1 through 17 constitutes final agency action. Any person aggrieved by such final agency action may pursue judicial review pursuant to Iowa Code section 17A.19.

These rules are intended to implement Iowa Code chapters 35 and 35A and sections 35B.6, 35B.11, 35D.1, and 35D.17.

[Filed 7/15/26, effective 9/9/26]

[Published 8/5/26]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 8/5/26.