465 Ind. Admin. Code 3-3-9

Current through December 4, 2024

Section 465 IAC 3-3-9 - Scheduling of hearings

Authority: IC 31-19-26.5; IC 31-25-2-18; IC 31-25-4-27; IC 31-33-26-13

Affected: IC 6-8.1-9.5-7; IC 31-9-2-17.8; IC 31-16-15-4.3; IC 31-19-26.5; IC 31-25-4; IC 31-27; IC 31-33-26-9

Sec. 9.

(a) The department's hearing and appeals unit will schedule evidentiary hearings and issue notices to parties regarding the:

(1) date;

(2) time;

(3) location; and

(4) procedures; relating to the scheduled hearing.

(b) Except as otherwise provided in this subsection, hearings will be scheduled and conducted at a location in Indiana polis, Indiana. The location for hearings requested under section 3(a) or 3(g) of this rule will be scheduled at a location determined under applicable department policy. By agreement of the parties and in the discretion of the ALJ, the hearing may be conducted at a different location.

(c) The department will schedule a hearing to be held within:

(1) a reasonable time after the date the department receives the hearing request;

(2) twenty (20) days after the date the department receives a hearing request under section 3(a) of this rule that is not stayed under section 7 of this rule, from an individual who is:

(A) a child care worker or a department employee; and

(B) identified in a substantiated report as the perpetrator of child abuse or neglect; or

(3) twenty-five (25) days after the date the department receives a hearing request under section 3(b), 3(c), or 3(d) of this rule.

(d) The appellant may waive the time limit for conducting a hearing scheduled under subsection (c)(2) by submitting to the ALJ:

(1) a request for continuance of the hearing, under section 18 of this rule; or

(2) a letter or other writing requesting or approving a waiver of the time limitation.

(e) The time limit for conducting a hearing scheduled under subsection (c)(3) may be waived if the:

(1) appellant or the child support bureau, at or before the time of the scheduled hearing, requests a continuance of the hearing under section 18 of this rule; and

(2) ALJ may grant the continuance request under the conditions stated in section 18(d) of this rule.

(f) The department shall notify the parties in writing of the scheduled hearing date, time, and place at least seven (7) days in advance of the hearing, unless a hearing is scheduled on a date agreed to by the parties.

(g) Except as otherwise determined by the ALJ under subsection (h), all hearings will be completed on the date scheduled for the hearing, unless the parties agree at the hearing, by statements on the record, that:

(1) due to unanticipated circumstances, and for good cause approved by the ALJ, the hearing cannot be completed on that date; and

(2) any time deadline for completion of the hearing, as stated in the applicable statute or this section, is extended to the date of a continued hearing scheduled by agreement among the parties and the ALJ.

(h) If the hearing cannot be completed due to circumstances beyond the control of the ALJ and the parties, including, but not limited to, severe weather conditions or unavailability of the hearing location, the ALJ may reschedule the completion of the hearing at another date and time.

465 IAC 3-3-9

Department of Child Services; 465 IAC 3-3-9; filed Nov 14, 2012, 12:46 p.m.: 20121212-IR-465120404FRA

Readopted filed 9/4/2018, 2:31 p.m.: 20181003-IR-465180321RFA

Readopted filed 7/11/2024, 12:29 p.m.: 20240807-IR-465230813RFA