Section 460 IAC 14-25-5 - Impartial due process hearingAuthority: IC 12-8-8.5-4; IC 12-9-2-3; IC 12-9-5-1; IC 12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 5.
(a) An applicant, eligible individual, or individual's representative has the right to representation by legal counsel or any other advocate of his or her choice during an impartial due process hearing.(b) An impartial due process hearing must be scheduled by the assigned IHO at a date, time, and location available and accessible to all parties.(c) The IHO must send written notice of the date, time, and place of the impartial due process hearing to all parties.(d) Prior to the impartial due process hearing, the IHO must conduct a prehearing conference. The IHO must send written notice of the date, time, and place of the prehearing conference to all parties.(e) If a party fails to participate in the impartial due process prehearing conference, the IHO may dismiss the impartial due process hearing.(f) The impartial due process hearing must occur no later than sixty (60) days after receipt of the applicant's, eligible individual's, or individual's representative's written request for review, unless agreement is reached during mediation prior to the sixtieth day or the parties agree to a specific extension of time.(g) The IHO must provide a written decision to all parties, which must include: (2) the reasons for the decision; and(3) the evidence and statutes, regulations, rules, and policies supporting the decision.(h) The IHO must provide his or her written decision to all parties within thirty (30) calendar days of the completion of the impartial due process hearing.(i) The IHO's decision is final unless either party requests an administrative review.Division of Disability and Rehabilitative Services; 460 IAC 14-25-5; filed 7/13/2015, 4:09 p.m.: 20150812-IR-460140507FRAReadopted filed 8/18/2021, 10:01 a.m.: 20210915-IR-460210198RFA