Section 460 IAC 14-25-7 - Administrative reviewAuthority: 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. 7.
(a) A party who is dissatisfied with the outcome of the impartial due process hearing must submit a written request for an administrative review.(b) The individual may seek assistance completing a request for an administrative review from a counselor, a CAP representative, the individual's representative, or an advocate of the individual's choice.(c) A party's written request for an administrative review must be submitted within twenty (20) days of the date of the IHO's written decision.(d) Any party wishing to submit additional evidence concerning the issue under administrative review may do so pursuant to instructions issued by the hearings and appeals section of the family and social services administration.(e) The reviewing authority shall review the IHO's decision to determine if the decision is supported by the evidence in the record and is in accordance with the statutes, regulations, rules, and policies applicable to the issues under appeal.(f) The reviewing authority may not overturn or modify the IHO's decision, or any part of that decision, that supports the position of the applicant or eligible individual unless the reviewing authority concludes, based on clear and convincing evidence, that the decision of the IHO is clearly erroneous on the basis of being contrary to the statutes, regulations, rules, and policies applicable to the issue under review.(g) The reviewing authority must issue his or her written decision, including a full report of the findings and the statutory, regulatory, or policy grounds for the decision, to the applicant or eligible individual or, as appropriate, the individual's representative and to the VR program within thirty (30) days of the request for administrative review.(h) The reviewing authority's decision is final and must be implemented. If a party brings a civil action to challenge the final decision, the decision of the reviewing authority must be implemented pending review by the court.Division of Disability and Rehabilitative Services; 460 IAC 14-25-7; filed 7/13/2015, 4:09 p.m.: 20150812-IR-460140507FRAReadopted filed 8/18/2021, 10:01 a.m.: 20210915-IR-460210198RFA