Section 470 IAC 3.1-15-3 - Hearing rightsAuthority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 12-17-15
Sec. 3.
(a) Any party to a hearing conducted under this rule shall have a right to the following: (1) Disclosure to all other parties of all evaluations and recommendations, based on the offering party's evaluation, that the party intends to use at the hearing, that have been completed by five (5) business days prior to the hearing.(2) Be accompanied and advised by counsel and by individuals with special knowledge or training with respect to early intervention services for eligible infants and toddlers with disabilities.(3) Present evidence and confront, cross-examine, and compel the attendance of witnesses.(4) Prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five (5) days before the hearing.(5) Obtain a written or, at the option of the parents, electronic verbatim transcription of the hearing.(6) Obtain written, or at the option of the parents, electronic verbatim transcription, findings of fact, and decisions.(b) Parents involved in hearings have the right to have: (1) the child who is the subject of the hearing present at the hearing; and(2) the hearing open to the public.(c) The division or its designee, after deleting any personally identifying information, shall transmit the findings and decision to the ICC and make the findings and decision available to the public.Division of Family Resources; 470 IAC 3.1-15-3; filed Jan 29, 1996, 5:15 p.m.: 19 IR 1352; filed Mar 9, 1999, 2:05 p.m.: 22 IR 2271; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA; readopted filed Aug 23, 2013, 3:36 p.m.: 20130918-IR-470130306RFAReadopted filed 11/13/2019, 11:56 a.m.: 20191211-IR-470190490RFA