Authority: IC 12-13-2-3; IC 12-13-5-3

Affected: IC 12-17-15

Sec. 2. (a) The assignment of an impartial hearing officer shall be made by the division or its designee.

(b) The person assigned to conduct an impartial hearing must have knowledge about the statutes, regulations, and rules directing the early intervention system and the needs of, and services available for, eligible infants and toddlers and their families. The impartial hearing officer shall do the following:

1. (1) Listen to the presentation of relevant viewpoints about the complaint, examine all information relevant to the issues, and seek to reach a timely resolution of the complaint.
2. (2) Provide a record of the proceedings, including a written decision which contains findings of fact and conclusions and the reasons for the decision.

(c) A hearing may not be conducted by the following:

1. (1) A person who is an employee of a participating agency involved in providing early intervention services or care to the child.
2. (2) A person having a personal or professional interest that would conflict with his or her objectivity in implementing the hearing process.
3. (3) A person who is an employee of the state agency involved in the education of the child.

(d) A person who otherwise qualifies to conduct a hearing under this rule shall not be considered an employee of a participating agency solely because he or she is paid by the participating agency to implement the complaint resolution process.

(e) The division or its designee shall keep a list of the persons available to serve as hearing officers. The list must include information regarding the qualifications of each of the hearing officers.

(f) The division or its designee shall provide training for hearing officers used to conduct hearings under this rule.

(Division of Family Resources; 470 IAC 3.1-15-2; filed Jan 29, 1996, 5:15 p.m.: 19 IR 1351; filed Mar 9, 1999, 2:05 p.m.: 22 IR 2270; 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-470130306RFA; readopted filed Nov 13, 2019, 11:56 a.m.: 20191211-IR-470190490RFA; readopted filed Oct 8, 2025, 3:15 p.m.: 20251105-IR-470240501RFA)