Iowa Admin. Code r. 801-10.46

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

Rule 801-10.46 - Member appeal process

A member who believes that any of the provisions of 801-Chapter 10 have not been upheld or have been upheld unfairly may file an appeal.

(1) A member shall discuss the problem and action desired with the assigned social worker within five working days of the incident which caused the problem. The social worker shall investigate the situation and attempt to resolve the problem within five working days of the discussion with the member. If the assigned social worker has allegedly caused the grievance, the member may file the grievance directly with the social work supervisor.

(2) If unable to resolve the problem, or if the member is dissatisfied with the solution, the social worker shall assist the member with filing a formal grievance and shall submit a report of the facts and recommendations to the administrator of nursing within five working days of the discussion with the member. The administrator of nursing shall inform the member of the decision in writing within five working days of receipt of the social worker's report.

(3) If the member is not satisfied with the decision of the administrator of nursing, or if no decision is given within the time specified in subrule 10.46(2), the member may appeal to the commandant or designee within ten working days of the decision of the administrator of nursing or, if no decision is given, within ten working days of the time limit specified in subrule 10.46(2). The grievance shall be submitted in writing and contain a statement of the cause of the grievance and requested action. A copy of the decision of the administrator of nursing shall be attached to the grievance statement, if applicable. The commandant or designee shall investigate the grievance and may hold an informal hearing with the member, administrator of nursing, and other involved individuals. The commandant or designee shall notify the member and the administrator of nursing of the decision in writing within ten working days of receipt of the grievance.

(4) If the member is not satisfied with the decision of the commandant, or if no decision is given within the time limits specified in subrule 10.46(3), the member may appeal to the commission within ten working days of the commandant's decision. The member and commandant shall be notified in writing within five working days of the commission's receipt of the appeal. The commission shall schedule a hearing with the member, commandant, and other involved individuals to determine the facts and make a final decision.

(5) The member may appoint any individual to represent the member in the appeal process, at the member's expense.

(6) No reprisals of any kind shall be taken against a member for filing an appeal.

(7) The member may obtain judicial review of the commission's final decision in accordance with Iowa Code chapter 17A.

(8) The time limits specified in the above subrules may be extended when mutually agreed upon by the persons involved in the appeal process.

Iowa Admin. Code r. 801-10.46

ARC 1157C, IAB 10/30/2013, effective 12/4/2013

Amended by IAB August 17, 2016/Volume XXXIX, Number 04, effective 9/21/2016