Section 405 IAC 1.1-2-1 - Conduct of agency reviewAuthority: IC 12-15-1-10
Affected: IC 4-21.5-3-33; IC 12-15-28
Sec. 1.
(a) Any party who is not satisfied with the decision of the administrative law judge may request agency review of the decision within ten (10) days of receipt thereof in accordance with instructions issued with the decision.(b) After receiving a request for agency review of a hearing decision, the hearings and appeals section of the family and social services administration shall notify all parties when the decision will be reviewed. The agency review shall be completed by the secretary of the family and social services administration or the secretary's designee. All such reviews shall be conducted upon the record as defined in IC 4-21.5-3-33, except that a transcript of the oral testimony shall not be necessary for review unless a party requests that one be transcribed at the party's expense.(c) No new evidence will be considered during the agency review; however, any party wishing to submit a memorandum of law, citing evidence in the record, may do so pursuant to instructions issued by the hearings and appeals section of the family and social services administration. Office of the Secretary of Family and Social Services; 405 IAC 1.1-2-1; filed Jul 18, 1996, 3:00 p.m.: 19 IR 3379; readopted filed Jun 27, 2001, 9:40 a.m.: 24 IR 3822; readopted filed Sep 19, 2007, 12:16 p.m.: 20071010-IR-405070311RFA; readopted filed Oct 28, 2013, 3:18 p.m.: 20131127-IR-405130241RFAReadopted filed 11/13/2019, 11:54 a.m.: 20191211-IR-405190487RFA