Iowa Admin. Code r. 61-9.36

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 61-9.36 - [Effective 12/18/2024] Appeal of compensation decisions

An applicant shall be informed in writing of the basis for the denial of eligibility or the amount of an award.

(1)Applicant appeal. An applicant may appeal a compensation decision as follows:

a.Appeal to chief. An applicant aggrieved by a denial decision or the amount of compensation awarded by the program may appeal to the chief.

b.Appeal to board. An applicant may appeal the chief's decision to the board.

c.Appeal to district court. An applicant who disagrees with the decision of the board has the right to appeal to the district court for judicial review within 30 days of receipt of the board's decision.

(2)Chief appeal period. An applicant shall submit to the chief a written request for reconsideration within 30 days of the date the notice of the crime victim compensation program decision is mailed or otherwise issued by the section. Any request for reconsideration postmarked within the prescribed time period shall be considered timely filed by the section. Barring any unusual circumstances, within 30 days of the receipt of the request for reconsideration, the chief shall issue a decision.

(3)Board appeal period. An applicant may file with the board a request for consideration of the chief's decision. This written request for consideration by the board shall be submitted within 30 days of the date the notice of the chief's decision is mailed or otherwise issued by the chief. Any request for review postmarked within the prescribed time period shall be considered timely filed by the section. Barring any unusual circumstances, within 90 days of the receipt of the request, the board, or a committee designated by the chair of not fewer than five members of the board, shall issue a decision.

(4)District court appeal period. An applicant shall submit a petition for judicial review to the district court within 30 days of the receipt of the notice of the board's decision.

Iowa Admin. Code r. 61-9.36

Adopted by IAB November 13, 2024/Volume XLVII, Number 10, effective 12/18/2024