Section 405 IAC 8-9-5 - Filing an administrative appeal; scheduling appealsAuthority: IC 12-10-16-5
Affected: IC 12-10-16
Sec. 5.
(a) Any party who is not satisfied with the administrative review of the office as provided for in this rule may file a request for an administrative appeal as provided in this section. The person or entity requesting the administrative appeal shall be known as the appellant.(b) Unless otherwise provided for by statute, regulation, or rule, appeal requests by an appellant shall be filed in writing with the hearings and appeals section of the office not later than thirty (30) days following the effective date of the administrative review being appealed. Appeal hearings shall be conducted at a reasonable time, place, and date.(c) The hearings and appeals section of the office, upon application of any party, or in its own discretion, may consolidate appeals to promote administrative efficiency. Hearings may only be consolidated in cases in which the sole issue involved is one of state law or policy.(d) Any party filing an appeal under this rule is not excused from exhausting all interim procedures that may be required by statute or rule for administrative review before the filing of an administrative appeal. Any issues not raised within the interim review procedures of the administrative review in a timely manner are waived and shall not be an issue during the evidentiary hearing of the administrative appeal.(e) The hearings and appeals section of the office will schedule evidentiary hearings and issue notices to the parties regarding the date, time, and location of the scheduled hearing.(f) A continuance of a hearing will be granted only for good cause shown. An objection to a request for a continuance shall be considered before a continuance is granted or denied. Requests for a continuance shall be in writing and accompanied by adequate documentation of the reasons for the request. Good cause includes the following: (1) The inability to attend the hearing because of a serious physical or mental condition.(2) An incapacitating injury.(3) A death in the family.(4) Severe weather conditions making it impossible to travel to the hearing.(5) The unavailability of a witness and the evidence cannot be obtained otherwise.(6) Other reasons similar to those listed in this section. If the appellant is represented by counsel, the request for continuance must also include alternative dates for the scheduling of a new hearing. However, the hearings and appeals section may schedule a new hearing without respect to the requested date if such date cannot be accommodated or confirmed with the requesting attorney within a reasonable time of the request.
Office of the Secretary of Family and Social Services; 405 IAC 8-9-5; filed Mar 29, 2006, 2:19 p.m.: 29 IR 2533; readopted filed Jun 18, 2012, 11:19 a.m.: 20120718-IR-405120201RFAReadopted filed 4/9/2018, 9:12 a.m.: 20180509-IR-405180110RFA