460 IAC 14-25-5 - Impartial due process hearing
Authority: IC 12-8-8.5-4; IC 12-9-2-3; IC 12-9-5-1; IC 12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 5.
(a) An
applicant, eligible individual, or individual's representative has the right to
representation by legal counsel or any other advocate of his or her choice
during an impartial due process hearing.
(b) An impartial due process hearing must be
scheduled by the assigned IHO at a date, time, and location available and
accessible to all parties.
(c) The
IHO must send written notice of the date, time, and place of the impartial due
process hearing to all parties.
(d)
Prior to the impartial due process hearing, the IHO must conduct a prehearing
conference. The IHO must send written notice of the date, time, and place of
the prehearing conference to all parties.
(e) If a party fails to participate in the
impartial due process prehearing conference, the IHO may dismiss the impartial
due process hearing.
(f) The
impartial due process hearing must occur no later than sixty (60) days after
receipt of the applicant's, eligible individual's, or individual's
representative's written request for review, unless agreement is reached during
mediation prior to the sixtieth day or the parties agree to a specific
extension of time.
(g) The IHO must
provide a written decision to all parties, which must include:
(1) findings of fact;
(2) the reasons for the decision;
and
(3) the evidence and statutes,
regulations, rules, and policies supporting the decision.
(h) The IHO must provide his or her written
decision to all parties within thirty (30) calendar days of the completion of
the impartial due process hearing.
(i) The IHO's decision is final unless either
party requests an administrative review.
Notes
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