465 IAC 3-2-7 - Denial of review
Authority: IC 31-19-26.5-12; IC 31-25-2-18; IC 31-33-26-13
Affected: IC 31-9-2-17.8; IC 31-19-26.5; IC 31-33-26
Sec. 7.
(a) If a
person's request for administrative review is denied without consideration of
the issue or issues presented by the request, the department shall send to the
person a written notice of denial that states the reason for the
denial.
(b) The person may request
a review of the denial within fifteen (15) days after service of the denial on
the person, by submitting to the department a written request to reconsider the
request for review. The request to reconsider must state the basis on which the
person asserts entitlement to administrative review.
(c) A department employee selected by the
director or designee, will:
(1) review the
denial notice and the written request to reconsider denial of administrative
review;
(2) determine whether
review is appropriate; and
(3) send
or deliver to the person who requested the review a written decision, within
fifteen (15) days after receipt of the person's request for
reconsideration.
(d) If
the department's reconsideration decision reverses the denial of review, the
review will be completed without further request. If the department affirms the
denial, the appellant may request an administrative hearing limited to the
reason or reasons stated for denial of the review.
Notes
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