465 IAC 3-3-3 - Request for hearing
Authority: IC 31-19-26.5-12; IC 31-25-2-18; IC 31-25-4-27; IC 31-33-26-13
Affected: IC 6-8.1-9.5-7; IC 31-16-15-3.5; IC 31-16-15-4.3; IC 31-19-26.5; IC 31-25-4; IC 31-27; IC 31-33-26
Sec. 3.
(a) Any
person who has been notified that a substantiated report of child abuse or
neglect has been entered into the child protection index identifying the person
as a perpetrator, and who has exhausted the department's administrative review
process, may request an administrative hearing by submitting the hearing
request form made available by the department or attached to the administrative
review decision, completed in accordance with the instructions included on the
form and department policy. The completed request form must be submitted to the
department hearings and appeals unit not more than thirty (30) days after the
person was served with written notice of the administrative review
determination that affirmed a substantiated report identifying the personas a
perpetrator.
(b) Any child support
obligor who has been notified that the department intends to:
(1) take action to suspend or restrict, any
professional, motor vehicle operator, recreational, or other license or permit,
as described in IC 31-25-4-32; or
(2) notify a licensing agency under IC
31-25-4-32 concerning possible imposition of sanctions; may request a hearing
under IC 31-25-4-33.
(c)
Any person who has been notified that the department intends to implement an
income withholding order under IC 31-16-15-3.5 may request a hearing under IC
31-16-15-4.3.
(d) Any person who
has been notified that the department has initiated action to block or encumber
the person's account with a financial institution under IC 31-25-4-31 may
request a hearing under IC 31-25-4-31(g).
(e) Any taxpayer who has been notified that
the department intends to intercept a state income tax refund owing to the
taxpayer for application to a delinquent child support obligation may request a
hearing under IC 6-8.1-9.5-7.
(f) A
recipient of the federal Temporary Assistance to Needy Families (TANF) program,
who has been notified of the distribution of support payment proceeds under an
assignment to the state may request a hearing under IC 31-25-4-26 on the issue
of the proper distribution under IC 31-25-4-17 of the support money
collected.
(g) A person who has
been notified of denial or revocation of a license under IC 31-27 may request a
hearing under IC 31- 27-3-11, IC 31-27-3-20, IC 31-27-4-13, IC 31-27-4-23, IC
31-27-5-12, IC 31-27-5-20, IC 31-27-6-8, or IC 31-27-6-17, which ever is
applicable.
(h) A person who has
received written notice that an administrative review request under
465 IAC 3-2 was denied without
consideration of the issue or issues presented may request a hearing under
465 IAC 3-2-7.
(i) A hearing request under subsection (b),
(c), (d), or (f) must be made not more than twenty (20) days after the date the
notice was mailed to the person.
(j) A hearing request under subsection (e),
(g), or (h) must be made not more than thirty (30) days after the date the
notice was mailed to the person.
(k) The department will provide an
administrative hearing upon receipt of a request for hearing timely submitted
under subsection (b), (c), (d), or (e) for mistake of fact, on one (1) of the
following grounds:
(1) The person to whom the
notice is addressed is not the person to whom the notice applies.
(2) The amount of arrears is less than the
amount required to initiate the action.
(l) A person who is dissatisfied with the
department determination following administrative review under the Indiana
adoption assistance program or the Indiana guardianship assistance program may
request an administrative hearing by submitting a hearing request to the
department hearings and appeals unit, in the form made available to the person
by the department, and completed in accordance with the instructions included
in the form and department policy, within thirty (30) days after service of
notice of the review decision.
(m)
A person may request an administrative hearing concerning payment rates or
amounts determined under
465 IAC 2-16 or
465 IAC 2-17 as provided in
465 IAC 2-16-27 or
465 IAC 2-17-28.
(n) A person who requested an administrative
hearing may withdraw a request for administrative hearing at any time before
closure of the hearing record. If a hearing request is withdrawn, the person
waives any further right to hearing by the department.
Notes
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