Section 465 IAC 3-3-16 - Hearing decisionAuthority: IC 31-19-26.5-12; IC 31-25-2-18; IC 31-33-26-13
Affected: IC 4-21.5-3-27; IC 31-9-2-17.8; IC 31-16-15-4.3; IC 31-19-26.5; IC 31-25-4-32; IC 31-25-4-33; IC 31-33-26-9
Sec. 16.
(a) The provisions of IC 4-21.5-3-27(b), IC 4-21.5-3-27(d), IC 4-21.5-3-27(e), and IC 4-21.5-3-27(h) apply to findings, conclusions, and orders issued by an ALJ under this rule.(b) Except as provided in subsections (d) and (e), at the conclusion of the hearing, the ALJ may request the parties, or grant a request made by a party, to submit post-hearing proposed findings of fact and conclusions of law or a post-hearing brief concerning the facts and issues presented, or both. The ALJ will specify the time limit for filing and service of post-hearing proposed findings or briefs. The time allowed for post-hearing submissions will be excluded from computation of the otherwise applicable time for the ALJ to issue a decision under this rule.(c) Except as provided in subsections (d) and (e), the written decision of the ALJ shall be issued within ninety (90) days after conclusion of the hearing or after submission of proposed findings or briefs under subsection (b), unless the time for issuance of a decision is extended or waived: (1) with written consent of all parties; or(2) for good cause, as determined by the ALJ upon motion of a party or by the ALJ, and specified in a written order.(d) In the case of a hearing involving an allegation of abuse or neglect by a child care worker or department employee, a hearing decision shall be issued within fifteen (15) days after conclusion of the hearing, unless this time limit is extended or waived: (1) by written consent of the appellant; or(2) for good cause based on unanticipated and unavoidable circumstances, as specified in a written order. A request by the appellant to file post-hearing proposed findings or a brief shall constitute a waiver of the time limit for issuance of a decision under this subsection. In that event, the time limit for issuance of a written decision will be fifteen (15) days after submission of the proposed findings or brief, or any additional time that may be established by the ALJ with agreement of the appellant.
(e) In the case of a hearing concerning: (1) a child support income withholding order under IC 31-16-15-4.3; or(2) sanctions for nonpayment of delinquent child support obligations under IC 31-25-4-32 and IC 31-25-4-33; a hearing decision shall be issued at or immediately following conclusion of the hearing, unless the time limit is extended or waived by written consent of both the appellant and the child support bureau of the department, and with approval of the ALJ.
(f) The ALJ's decision shall: (1) include findings of fact and conclusions of law;(2) specify the reasons for the decision; and(3) identify the evidence and applicable statutes, regulations, and policies supporting the decision.(g) The findings of fact need not include a recitation of the evidence admitted in the evidentiary hearing. Rather, the findings should contain the basic facts that support the ALJ's conclusions of law and the ultimate decision. The ALJ's conclusions of law must cite the relevant laws upon which the ultimate decision is based and relate the facts to the law.(h) The decision of the ALJ shall be the final decision of the department. The ALJ may affirm, reverse, or modify the department's decision or remand the matter to the department for further consideration.Department of Child Services; 465 IAC 3-3-16; filed Nov 14, 2012, 12:46 p.m.: 20121212-IR-465120404FRAReadopted filed 9/4/2018, 2:31 p.m.: 20181003-IR-465180321RFA