Authority: IC 12-15-1-10

Affected: IC 12-15-28

Sec. 2. (a) The secretary of family and social services administration or the secretary's designee shall review the administrative law judge's (ALJ) 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 issue under appeal.

(b) Following the review of the secretary or designee, the secretary or designee shall issue a written decision:

1. (1) affirming the decision of the ALJ;
2. (2) amending or modifying the decision of the ALJ;
3. (3) reversing the decision of the ALJ;
4. (4) remanding the matter to the ALJ for further specified action; or
5. (5) make such other order or determination as is proper on the record.

(c) The parties will be issued a written notice of the action taken as a result of the agency review. If the decision of the ALJ is reversed, amended, or modified, the secretary or designee shall state the reasons for the action in the written decision.

(d) The hearings and appeals section of the family and social services administration shall distribute the written notice on agency review to:

1. (1) all parties of record;
2. (2) the assistant secretary for office of Medicaid policy and planning;
3. (3) the ALJ who rendered the decision following the evidentiary hearing; and
4. (4) any other person designated by the secretary or the designee.

(Office of the Secretary of Family and Social Services; 405 IAC 1.1-2-2; filed Jul 18, 1996, 3:00 p.m.: 19 IR 3380; readopted filed Jun 27, 2001, 9:40 a.m.: 24 IR 3822; readopted filed Sep 19, 2007, 12:16 p.m.: 20071010-IR-405070311RFA; readopted filed Oct 28, 2013, 3:18 p.m.: 20131127-IR-405130241RFA; readopted filed Nov 13, 2019, 11:54 a.m.: 20191211-IR-405190487RFA; readopted filed Oct 8, 2025, 3:16 p.m.: 20251105-IR-405240502RFA)