460 Ind. Admin. Code 13-9-3

Current through October 31, 2024

Section 460 IAC 13-9-3 - How to request an appeal

Authority: IC 12-8-8.5-4; IC 12-9-2-3; IC 12-11-1.1-9; IC 12-11-2.1-12

Affected: IC 12-11-1.1; IC 12-11-2.1

Sec. 3.

(a) To file an appeal, an individual or the individual's representative must sign, date, and return the hearings and appeals copy of the NOA to the office of hearings and appeals.

(b) The office of hearings and appeals will contact the appellant or the appellant's representative in writing and provide notice of the time, date, and location for the hearing.

(c) Prior to, or at the hearing, the appellant or the appellant's representative shall have the right to examine the entire contents of the case record maintained by the case manager.

(d) The appellant may:

(1) represent himself or herself at the hearing; or

(2) authorize a representative to do so.

(e) At the hearing, the appellant shall have an opportunity to:

(1) present witnesses;

(2) establish all pertinent facts and circumstances;

(3) advance any arguments without interference or question; and

(4) refute any testimony or evidence presented.

460 IAC 13-9-3

Division of Disability and Rehabilitative Services; 460 IAC 13-9-3; filed Apr 22, 2013, 9:48 a.m.: 20130522-IR-460120463FRA

Readopted filed 11/13/2019, 11:55 a.m.: 20191211-IR-460190489RFA