Section 470 IAC 3.1-14-1 - Complaints; violations of lawAuthority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 12-17-15
Sec. 1.
(a) Any individual or organization may file a complaint against a participating agency alleging violations of federal or state laws, regulations, and rules that apply to the early intervention system.(b) The complaint shall: (2) indicate the allegations of violation or violations and the factual circumstances on which the allegations are based;(3) be signed by the complainant or complainants;(4) be submitted to the division no later than one (1) year after the date of the alleged violation, unless:(A) a longer period is reasonable because the violation is continuing; or(B) the individual or organization is requesting compensatory services, reimbursement, or corrective action for an alleged violation that occurred no longer than three (3) years prior to the date the division receives the complaint;(5) indicate the name of the child and the address of the residence of the child; and(6) indicate a proposed resolution of the problem to the extent known and available to the parents at the time.(c) The division, or its designee, shall be responsible for the assignment of an individual to investigate a complaint.(d) Any individual assigned to investigate a complaint shall have knowledge of the early intervention system.(e) The division shall develop a model form to assist parents in filing a complaint and widely disseminate it to parents and other interested individuals.(f) If a complaint is also the subject of a due process hearing under 470 IAC 3.1-15, or contains multiple issues, including due process issues, the division must do the following: (1) Set aside any part of the complaint that is being addressed in the due process hearing until the conclusion of the hearing.(2) Resolve all parts of the complaint that are not part of the due process action within the sixty (60) calendar day time line described in section 2 of this rule.(g) If an issue is raised in a complaint that has previously been decided in a due process hearing involving the same parties, the:(1) hearing decision is binding; and(2) division must inform the complainant of the binding decision.Division of Family Resources; 470 IAC 3.1-14-1; filed Jan 29, 1996, 5:15 p.m.: 19 IR 1350; filed Mar 9, 1999, 2:05 p.m.: 22 IR 2269; filed Mar 15, 2001, 8:20 a.m.: 24 IR 2466; 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