470 IAC 1-4-1 - Purpose

Authority: IC 12-13-2-3; IC 12-13-5-3

Affected: IC 12-13

Sec. 1.

(a) It is the purpose of this rule to establish a uniform method of administrative adjudication within the DFR in order to determine whether or not an action complained of was done in accordance with federal and state statutes, regulations, rules, and policies. As used in this rule, "policies" includes program manuals, administrative directives, transmittals, and other official written pronouncements of state or federal policy.

(b) This rule shall be construed in a manner as to provide all parties with an adequate opportunity to be heard in accordance with due process of law. As used in this rule, "party" means:

(1) a person or an entity to whom the agency action is specifically directed; or

(2) the DFR.

(c) In the event that a provision of this rule is deemed to be in conflict with a provision of federal or state statute, regulation, or rule that is specifically applicable to a program being appealed in accordance with this rule, then the other statute, regulation, or rule shall supersede that part of this rule in which the conflict is found.

Notes

470 IAC 1-4-1

Division of Family Resources; 470 IAC 1-4-1; filed May 22, 1987, 12:45 p.m.: 10 IR 2277, eff Jul 1, 1987; filed Jun 19, 1996, 9:00 a.m.: 19 IR 3073; 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-470130306RFA Readopted filed 11/13/2019, 11:56 a.m.: 20191211-IR-470190490RFA Filed 8/28/2023, 9:55 a.m.: 20230927-IR-470230215FRA