Section 455 IAC 1-9-9 - Appeals and reviewAuthority: IC 12-9.1-2-3; IC 12-10-17.1-21
Affected: IC 4-21.5-3; IC 4-21.5-5
Sec. 9.
(a) The division, through designated representatives, shall investigate complaints by or on behalf of an individual in need of self-directed in-home care concerning the neglect, abuse, mistreatment, or misappropriation of property of an individual in need of self-directed in-home care by a personal services attendant.(b) The division shall make a determination as to whether or not a personal services attendant neglected, abused or misappropriated the property of an individual in need of self-directed in-home care by a personal services attendant. The finding shall be entered into the personal services attendant's file with the division. The division shall give the personal services attendant notice of its determination.(c) If the division determines that a personal services attendant neglected, abused, or misappropriated the property of an individual in need of self-directed care, the division may remove the personal services attendant from the list of registered personal services attendants and revoke or deny the certificate of registration.(d) If the division determines that a personal services attendant neglected, abused, or misappropriated the property of an individual in need of self-directed care, the division shall give written notice to the personal services attendant of the procedures and time limit for seeking administrative review of the division's determination pursuant to this section.(e) A personal services attendant found by representatives of the division to have committed neglect, abuse, mistreatment or misappropriation of property of an individual in need of self-directed in-home care and who disagrees with the decision may petition for administrative review of the decision. The petition must be in writing, show that the petitioner was directly affected by the decision, and contain the specific issues for review and the rationale for the petitioner's position. The petition must be filed within fifteen (15) days after the petitioner is given notice of the decision. The petition must be filed with the director of the division.(f) Upon receiving timely notice of an appeal, the director or the director's designee shall appoint an administrative law judge to conduct the proceedings on review. The proceedings shall be conducted in accordance with IC 4-21.5-3.(g) Upon exhaustion of the administrative remedies in subsections (c) and (d), a personal services attendant who is dissatisfied with the outcome may file a petition for judicial review pursuant to IC 4-21.5-5. The petition must be filed in a court of competent jurisdiction within thirty (30) days after receiving notice of the final agency decision. The petition must be served upon the director of the division, the attorney general, and any other party to the agency proceeding.Division of Aging; 455 IAC 1-9-9; filed Oct 2, 2002, 9:13 a.m.: 26 IR 352; readopted filed Oct 17, 2008, 3:35 p.m.: 20081105-IR-460080685RFA; readopted filed Nov 15, 2013, 3:22 p.m.: 20131211-IR-455130453RFAReadopted filed 11/13/2019, 11:55 a.m.: 20191211-IR-455190488RFA Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-8-9) to the Division of Aging ( 455 IAC 1-9-9) by P.L. 153-2011, SECTION 21, effective July 1, 2011.