Iowa Admin. Code r. 801-10.47
Involuntary discharge appeal
Effective Apr 28, 2010Published Mar 24, 2010[ARC 8014B, IAB 7/29/09, effective 7/10/09; ARC 8417B, IAB 12/30/09, effective 2/3/10; ARC 8635B, IAB 3/24/10, effective 4/28/10]Veterans Affairs, Iowa Department of
801—10.47(35D) Involuntary discharge appeal.
- 10.47(1) The member shall file the appeal with the commission within 5 calendar days of receipt of the discharge notice.
10.47(2) The commission shall conduct a contested case proceeding in accordance with the uniform rules on contested case proceedings found in 801—Chapter 8. The rules in 801—Chapter 8 are adopted by reference with the following amendment:
The presiding officer must be a member of the commission and cannot be an administrative law judge with the department of inspections and appeals.
- 10.47(3) The commission shall render a decision on the appeal and notify the member of the decision in writing within 10 calendar days of the filing of the appeal.
- 10.47(4) If the member is not satisfied with the decision of the commission, the member may appeal the commission’s decision by filing an appeal with the department of inspections and appeals within 5 calendar days of being notified in writing of the commission’s decision.
- 10.47(5) The department of inspections and appeals shall render a decision on the appeal of the commission’s decision and notify the member of the decision in writing within 15 calendar days of the filing of the appeal with the department.
- 10.47(6) The maximum time period that shall elapse between receipt by the member of the discharge notice and actual discharge shall not exceed 55 days which includes the 30-day discharge notice period and any time during which any appeals to the commission or the department of inspections and appeals are pending.
- 10.47(7) If a member is not satisfied with the decision of the department of inspections and appeals, the member may seek judicial review in accordance with Iowa Code chapter 17A. A member’s discharge under rule 801—10.43(35D) shall not be stayed while judicial review is pending.
When a member appeals an involuntary discharge, the following provisions shall apply:
[ARC 8014B, IAB 7/29/09, effective 7/10/09; ARC 8417B, IAB 12/30/09, effective 2/3/10; ARC 8635B, IAB 3/24/10, effective 4/28/10]