Section 465 IAC 3-3-3 - Request for hearingAuthority: IC 31-19-26.5-12; IC 31-25-2-18; IC 31-25-4-27; IC 31-33-26-13
Affected: IC 6-8.1-9.5-7; IC 31-16-15-3.5; IC 31-16-15-4.3; IC 31-19-26.5; IC 31-25-4; IC 31-27; IC 31-33-26
Sec. 3.
(a) Any person who has been notified that a substantiated report of child abuse or neglect has been entered into the child protection index identifying the person as a perpetrator, and who has exhausted the department's administrative review process, may request an administrative hearing by submitting the hearing request form made available by the department or attached to the administrative review decision, completed in accordance with the instructions included on the form and department policy. The completed request form must be submitted to the department hearings and appeals unit not more than thirty (30) days after the person was served with written notice of the administrative review determination that affirmed a substantiated report identifying the personas a perpetrator.(b) Any child support obligor who has been notified that the department intends to: (1) take action to suspend or restrict, any professional, motor vehicle operator, recreational, or other license or permit, as described in IC 31-25-4-32; or(2) notify a licensing agency under IC 31-25-4-32 concerning possible imposition of sanctions; may request a hearing under IC 31-25-4-33.(c) Any person who has been notified that the department intends to implement an income withholding order under IC 31-16-15-3.5 may request a hearing under IC 31-16-15-4.3.(d) Any person who has been notified that the department has initiated action to block or encumber the person's account with a financial institution under IC 31-25-4-31 may request a hearing under IC 31-25-4-31(g).(e) Any taxpayer who has been notified that the department intends to intercept a state income tax refund owing to the taxpayer for application to a delinquent child support obligation may request a hearing under IC 6-8.1-9.5-7.(f) A recipient of the federal Temporary Assistance to Needy Families (TANF) program, who has been notified of the distribution of support payment proceeds under an assignment to the state may request a hearing under IC 31-25-4-26 on the issue of the proper distribution under IC 31-25-4-17 of the support money collected.(g) A person who has been notified of denial or revocation of a license under IC 31-27 may request a hearing under IC 31- 27-3-11, IC 31-27-3-20, IC 31-27-4-13, IC 31-27-4-23, IC 31-27-5-12, IC 31-27-5-20, IC 31-27-6-8, or IC 31-27-6-17, which ever is applicable.(h) A person who has received written notice that an administrative review request under 465 IAC 3-2 was denied without consideration of the issue or issues presented may request a hearing under 465 IAC 3-2-7.(i) A hearing request under subsection (b), (c), (d), or (f) must be made not more than twenty (20) days after the date the notice was mailed to the person.(j) A hearing request under subsection (e), (g), or (h) must be made not more than thirty (30) days after the date the notice was mailed to the person.(k) The department will provide an administrative hearing upon receipt of a request for hearing timely submitted under subsection (b), (c), (d), or (e) for mistake of fact, on one (1) of the following grounds: (1) The person to whom the notice is addressed is not the person to whom the notice applies.(2) The amount of arrears is less than the amount required to initiate the action.(l) A person who is dissatisfied with the department determination following administrative review under the Indiana adoption assistance program or the Indiana guardianship assistance program may request an administrative hearing by submitting a hearing request to the department hearings and appeals unit, in the form made available to the person by the department, and completed in accordance with the instructions included in the form and department policy, within thirty (30) days after service of notice of the review decision.(m) A person may request an administrative hearing concerning payment rates or amounts determined under 465 IAC 2-16 or 465 IAC 2-17 as provided in 465 IAC 2-16-27 or 465 IAC 2-17-28.(n) A person who requested an administrative hearing may withdraw a request for administrative hearing at any time before closure of the hearing record. If a hearing request is withdrawn, the person waives any further right to hearing by the department.Department of Child Services; 465 IAC 3-3-3; 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