Authority: IC 12-10-16-5

Affected: IC 12-10-16

Sec. 9. (a) Any party who is not satisfied with the decision of the administrative law judge (ALJ) may request agency review of the decision within ten (10) days of receipt thereof in accordance with instructions issued with the decision.

(b) After receiving a request for agency review of a hearing decision, the hearings and appeals section of the family and social services administration shall notify the parties when the decision will be reviewed. The agency review shall be completed by the secretary of the family and social services administration or the secretary's designee. All such reviews shall be conducted upon the record, as defined in section 7 of this rule, except that a transcript of the oral testimony shall not be necessary for review unless the party requests that one be transcribed at the party's expense.

(c) No new evidence will be considered during the agency review; however, any party wishing to submit a memorandum of law, citing evidence in the record, may do so pursuant to instructions issued by the hearings and appeals section of the family and social services administration.

(d) The secretary of family and social services administration or the secretary's designee shall review the ALJ's decision to determine if the decision is supported by the evidence in the record and is in accordance with statutes, regulations, rules, and policies applicable to the issues under appeal.

(e) Following the review of the secretary or designee, the secretary or designee shall issue a written decision doing one (1) of the following:

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.
5. (5) Making such other order or determination as is proper on the record.

(f) 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.

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

1. (1) All parties of record.
2. (2) The ALJ who rendered the decision following the evidentiary hearing.
3. (3) Any other person designated by the secretary or designee.

(Office of the Secretary of Family and Social Services; 405 IAC 8-9-9; filed Mar 29, 2006, 2:19 p.m.: 29 IR 2535; readopted filed Jun 18, 2012, 11:19 a.m.: 20120718-IR-405120201RFA; readopted filed Apr 9, 2018, 9:12 a.m.: 20180509-IR- 405180110RFA; readopted filed Oct 16, 2024, 11:20 a.m.: 20241113-IR-405230817RFA)