ARC 8583C

ARC 8583C

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

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on September 18, 2024. A public hearing was held on the following date(s):

●October 8, 2024

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.

ITEM 1.Amend rule 801—1.1(35,35A,35D), definitions of “Annual school of instruction” and “Commandant,” as follows:

“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), in addition to any other training prescribed by the commandant.

“Commandant” means the commandantdirector of the Iowa Veterans Homedepartment of veterans affairs.

ITEM 2.Rescind paragraph 1.3(4)“h” and adopt the following new paragraph in lieu thereof:

h.Administer or conduct one school for training of county veteran 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 veteran services officers may also be conducted. Training provided for veteran service officers will include courses accredited through the National Association of County Veteran Service Officers as well as other subjects at the discretion of the commandant, who will certify satisfactory completion. The training shall ensure that each county veteran 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.

ITEM 3.Rescind paragraph 1.3(4)“i”.

ITEM 4.Rescind 801—Chapter 7 and adopt the following new chapter in lieu thereof:

CHAPTER 7

COUNTY COMMISSIONS 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 veterans affairs fund is to assist county commissions of veteran affairs in complying with legislative requirements for employing a county veteran service officer who maintains national accreditation through the National Association of County Veterans Service Officers (NACVSO), maintains an active Personal Identification Verification (PIV) card necessary to access the Veterans Administration’s Veterans Benefit Management System, is occupied 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) 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 shall 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 veteran service officer.

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

A final report on county veteran affairs expenditures for the fiscal year in which the allocation was received and the expenditure report from the previous fiscal year. Information provided in this report shall be used by the department to comply with rule 801—7.3(35A,35B).

7.1(4) Recovery of funds. The department shall be 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 shall not be required to return the state allocation if an employee is hired within two months of the previous employee’s separation.

7.1(5) Appeals. Applicants that are dissatisfied with a decision may file an appeal with the commandant. The written appeal must be received within 15 working days of the date of the notice of decision and must be based on a contention that the process was conducted outside of statutory authority; violated state or federal law, policy or rules; or involved conflicts of interest by staff. The commandant shall review the appeal and issue a final decision.

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

7.2(1) County veteran 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.Obtain and maintain national accreditation through instruction provided by the department or a national school of accreditation provided or recognized by NACVSO and any other training required by the commandant. Upon completion, a certificate of satisfactory completion shall be provided to the department for certification and issuance of an Iowa certificate of training.

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.

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

7.2(2) County veteran service officers shall maintain 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.Maintain national accreditation through continuing education instruction provided by the department or a national school of accreditation provided or recognized by NACVSO and any other training required by the commandant. Attendance at training courses conducted by veterans organizations other than the department or NACVSO may be substituted for the annual school of instruction if the training meets NACVSO accreditation continuing education requirements. Upon completion, a certificate of satisfactory completion shall be provided to the department for certification and issuance of an Iowa certificate of training.

c.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.

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

7.2(3) County veteran 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(2) and 7.2(3) shall be 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(2) and 7.2(3), 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 shall be directed to the commandant or designee.

7.2(9) Disputes regarding the annual school of instruction, certificates of training, and related matters shall be 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 shall be final.

801—7.3(35A,35B) Report to the general assembly. County veteran affairs office assistance. 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.