Section 470 IAC 3.1-15-6 - Administrative appeal; impartial reviewAuthority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 12-17-15
Sec. 6.
(a) Any party aggrieved by the findings and decision of the impartial hearing officer may appeal to the division.(b) If there is an appeal, the division shall conduct an impartial review of the hearing. The official conducting the review shall do the following: (1) Examine the entire hearing record.(2) Ensure that the procedures at the hearing were consistent with the requirements of due process.(3) Seek additional evidence if necessary.(4) If a hearing is held to receive additional evidence, provide the hearing rights specified in section 3 of this rule.(5) Afford the parties an opportunity for oral or written argument, or both, at the discretion of the reviewing official.(6) Make an independent decision on completion of the review.(7) Give a copy of the written findings of fact and decision to the parties.(c) The decision made by the reviewing official is final unless a party brings a civil action under section 7 of this rule.(d) The division, after deleting any personally identifiable information, shall do the following: (1) Transmit the findings and decisions made under this rule to the ICC.(2) Make those findings and decisions available to the public.Division of Family Resources; 470 IAC 3.1-15-6; filed Jan 29, 1996, 5:15 p.m.: 19 IR 1352; filed Mar 9, 1999, 2:05 p.m.: 22 IR 2271; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA; readopted filed Aug 23, 2013, 3:36 p.m.: 20130918-IR-470130306RFAReadopted filed 11/13/2019, 11:56 a.m.: 20191211-IR-470190490RFA