470 IAC 1-4-6 - Agency review

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

Affected: IC 12-13

Sec. 6.

(a) Except for SNAP intentional program violation hearings and TANF intentional program violation hearings, a party that is not satisfied with the decision of the administrative law judge (ALJ) may request agency review of the decision within ten (10) days of receipt thereof in accordance with instructions issued with the decision.

(b) After receiving a request for agency review of a hearing decision, the family and social services administration (FSSA) shall notify all parties when the decision will be reviewed. The agency review shall be completed by the division director or the director's designee. All reviews shall be conducted upon the record, as defined in section 7 of this rule, except that a transcript of the oral testimony shall not be necessary for the review unless a party requests that one be transcribed at the party's expense.

(c) No new evidence will be considered during the agency review; however, a party wishing to submit a memorandum of law, citing evidence in the record, may do so pursuant to instructions issued by the FSSA.

(d) The director of the DFR, or the director's designee, shall review the ALJ's decision to determine if the decision is supported by the evidence in the record and is in accordance with the statutes, regulations, rules, and policies applicable to the issues under appeal.

(e) Following the review of the director or their designee, the director or designee shall issue a written decision:

(1) affirming the decision of the ALJ;

(2) amending or modifying the decision of the ALJ;

(3) reversing the decision of the ALJ;

(4) remanding the matter to the ALJ for further specified action; or

(5) make an order or a determination as is proper on the record.

(f) The parties will be issued a written notice of the action taken as a result of the agency review. If the decision of the ALJ is reversed, amended, or modified, the director or their designee shall state the reasons for the action in the written decision.

(g) The FSSA shall distribute the written notice on agency review to:

(1) all parties of record;

(2) the ALJ who rendered the decision following the evidentiary hearing; and

(3) any other person designated by the director or their designee.

Notes

470 IAC 1-4-6

Division of Family Resources; 470 IAC 1-4-6; filed May 22, 1987, 12:45 p.m.: 10 IR 2279, eff Jul 1, 1987; filed Jun 19, 1996, 9:00 a.m.: 19 IR 3076; 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