Section 35 IAC 14-2-4 - Administrative review and appeals of staff actionAuthority: IC 5-10.5-4-2
Affected: IC 4-21.5-3-5; IC 4-21.5-3-28; IC 5-10.4-2-1; IC 5-10.5
Sec. 4.
(a) The purpose of this rule is to establish procedures to process petitioner appeals of TRF staff action, determinations, or decisions referred to as "staff action" in accordance with and pursuant to the Indiana Administrative Orders and Procedures Act (Act), IC 4-21.5-3.(b) Pursuant to IC 4-21.5-3-28, the executive director (ED) as the board's delegate is the ultimate authority and has set forth the following review process to be followed before a final order is issued: (1) TRF will issue an initial determination of its response to a questioned action.(2) The initial determination will be sent by certified mail to the stakeholder with a summary of the member's right to administrative review.(3) Pursuant to IC 4-21.5-3-5, the petitioner will have fifteen (15) days from receipt of TRF's initial determination to appeal in writing.(4) Upon receipt by TRF a copy of the appeal will be sent to the administrative law judge (ALJ) assigned to the matter.(5) The assigned ALJ may set a prehearing conference to discuss issues of discovery and motions for summary judgment and to determine a briefing schedule.(6) If an evidentiary hearing is required, TRF will provide space which is equipped with a recording device to conduct the hearing or engage a court reporter to make a record of the hearing if necessary.(7) Once the ALJ has entered a decision and recommended order, the petitioner will have fifteen (15) days to object to the ALJ's decision.(8) The ED will make a final determination to affirm, modify, or dissolve the ALJ's order. The executed final order will be mailed by certified mail to the ALJ and petitioner.(9) The petitioner has thirty (30) days from receipt of the final order to petition a court of jurisdiction for judicial review.(10) If no petition for judicial review is filed within the thirty (30) day time period, the file is closed.(11) This rule shall be interpreted to conform to the Act and shall be implemented pursuant to and in accordance with the Act.Board of Trustees of the Indiana Public Retirement System; 35 IAC 14-2-4; adopted Dec 16, 2009: 20100106-IR-550090990ONA; errata filed Jan 19, 2010, 12:48 p.m.: 20100203-IR-550100043ACA; adopted Nov 19, 2010: 20101208-IR-550100723ONATransferred from the Board of Trustees of the Indiana State Teachers' Retirement Fund ( 550 IAC 2-2-2.5) to the Board of Trustees of the Indiana Public Retirement System ( 35 IAC 14-2-4) by P.L. 23-2011, SECTION 22, effective July 1, 2011.