Section 465 IAC 3-2-7 - Denial of reviewAuthority: IC 31-19-26.5-12; IC 31-25-2-18; IC 31-33-26-13
Affected: IC 31-9-2-17.8; IC 31-19-26.5; IC 31-33-26
Sec. 7.
(a) If a person's request for administrative review is denied without consideration of the issue or issues presented by the request, the department shall send to the person a written notice of denial that states the reason for the denial.(b) The person may request a review of the denial within fifteen (15) days after service of the denial on the person, by submitting to the department a written request to reconsider the request for review. The request to reconsider must state the basis on which the person asserts entitlement to administrative review.(c) A department employee selected by the director or designee, will:(1) review the denial notice and the written request to reconsider denial of administrative review;(2) determine whether review is appropriate; and(3) send or deliver to the person who requested the review a written decision, within fifteen (15) days after receipt of the person's request for reconsideration.(d) If the department's reconsideration decision reverses the denial of review, the review will be completed without further request. If the department affirms the denial, the appellant may request an administrative hearing limited to the reason or reasons stated for denial of the review.Department of Child Services; 465 IAC 3-2-7; filed Nov 14, 2012, 12:46 p.m.: 20121212-IR-465120404FRAReadopted filed 9/4/2018, 2:31 p.m.: 20181003-IR-465180321RFAReadopted filed 7/11/2024, 12:29 p.m.: 20240807-IR-465230813RFA