470 IAC 1-4-3 - Filing an appeal; scheduling appeals

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

Affected: IC 4-15-10.5; IC 4-21.5; IC 12-13; IC 31-16-15

Sec. 3.

(a) A party complaining of a division action in accordance with this rule may file a request for an administrative hearing as provided in this section.

(b) Unless otherwise provided for by statute, regulation, or rule, appeal requests by recipients or applicants shall be filed in writing with the DFR or the family and social services administration document center as provided on the notice of agency action. Appeals of decisions of the SNAP by recipients or applicants may be made orally. The appeal request must be received by close of business not later than:

(1) thirty-three (33) days following the effective date of the action being appealed; or

(2) thirty-three (33) days from the date of the denial notice; whichever is later.

(c) For purposes of this section, "close of business" means 4:30 p.m., local time, on a business day where the appeal is received. If the thirty-third day is a:

(1) Saturday;

(2) Sunday;

(3) state holiday; or

(4) day the office in which the act is to be done is closed during regular business hours; the appeal request must be received by the close of business the next business day. An appeal request received after close of business on the thirty-third day is untimely and invalid.

(d) Unless otherwise provided for by statute, regulation, or rule, appeal requests by licensees or prospective licensees shall:

(1) be filed in writing by the aggrieved party or its attorneys at law;

(2) set out each objection to the division's actions as well as cite the legal reasons for them; and

(3) be delivered to the DFR by close of business within thirty-three (33) days after receipt of the initial notice upon which the appeal is premised.

Failure to state objections and the legal reasons for them, in a timely manner, shall be deemed a waiver of the objections.

(e) Appeals by Medicaid applicants and recipients concerning Medicaid eligibility or services shall be filed and conducted in accordance with rules promulgated by the office of the secretary of family and social services under 405 IAC. Medicaid provider appeals shall be filed and conducted in accordance with rules promulgated by the office of the secretary of family and social services under 405 IAC and the provisions of IC 4-21.5.

(f) All requests for income withholding appeals by child support obligors in Title IV-D cases shall be made and all income withholding appeal hearings shall be conducted in accordance with the provisions of IC 31-16-15.

(g) The DFR or the office of administrative law proceedings, upon application of a party, or in its own discretion, may consolidate appeals to promote administrative efficiency. Hearings may only be consolidated in cases in which the sole issue involved is one of federal or state law or policy.

(h) A party filing an appeal under this rule is not excused from exhausting all interim procedures that may be required by statute or rule for administrative review prior to the filing of an appeal. Issues not preserved in a timely manner within the interim review procedures are waived and shall not be an issue during the evidentiary hearing.

(i) Unless otherwise provided for by statute, regulation, or rule, appeal hearings will be governed by the policies and procedures established under IC 4-15-10.5.

Notes

470 IAC 1-4-3

Division of Family Resources; 470 IAC 1-4-3; filed May 22, 1987, 12:45 p.m.: 10 IR 2278, eff Jul 1, 1987; filed Jun 19, 1996, 9:00 a.m.: 19 IR 3074; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA; filed Feb 17, 2012, 10:45 a.m.: 20120314-IR-470110725FRA; 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