Section 240IAC6-1.1-6. Challenge of information; review by hearing committee

   (a) Any person who believes that criminal history record information which refers to him is inaccurate, or incomplete, must request the originating criminal justice agency in this state to modify, or supplement that information. Should the originating department be the Indiana state police and should the Indiana state police decline or fail to act, or should the individual believe a decision pertaining to his criminal history to be otherwise unsatisfactory, the individual may request review by the hearing committee.

(1) The hearing committee shall consist of a chairman, and two other members appointed by the superintendent of state police from within that department.

  (b) Such request to the committee shall be in writing. Each request shall include a concise statement of the alleged deficiencies of the criminal history record information, shall state the date and result of any review by the department, and shall append a sworn verification of the fact alleged in the request signed by the individual.

  (c) Upon receipt of each such request, the review officer shall examine the criminal history record information in question and provide the committee a written summary of his review and findings.

  (d) The review officer, selected by the superintendent from among his staff, shall, upon the basis of the request and/or the summary and any other statements or documents provided by the individual or by the department, determine whether there is prima facia [sic.] evidence that the criminal history record information is inaccurate, or incomplete. Should the review officer find that there is no such evidence, the individual may appeal the decision to the committee. Should the review officer find that there is such evidence, the committee shall review the summary, statements and/or documents and issue findings.

  The individual may challenge for cause any members of the committee. Each such challenge shall be decided by a majority vote of the full committee. "All hearings will take place in Marion County, Indianapolis, Indiana at a location designated by the committee."

  (e) The committee may require the individual or the department to file written statements, arguments or documentary materials. It may impose such reasonable time requirements for these purposes as it deems appropriate. Unless the individual waives in writing his right to a hearing, the committee shall conduct a public hearing at which the individual may appear with counsel, may present evidence, and may examine and cross examine witnesses. Hearings may be conducted in an informal manner and without recourse to the technical common-law rules of evidence required in proceedings in judicial courts, and such manner of proof and introduction of evidence shall be deemed sufficient and shall govern the proof, decision, and administrative or judicial review of all questions of fact if substantial, reliable and probative evidence supports such determination.

  (f) The committee shall issue written findings and conclusions, in which any relief to which it believes the individual is entitled shall be fully and specifically described. Findings and conclusions, shall be adopted by a majority vote of the committee and furnished to all parties involved. (State Police Department; 240 IAC 6-1.1-6; filed Mar 6, 1984, 2:47 pm: 7 IR 812; readopted filed Oct 17, 2001, 10:05 a.m.: 25 IR 935; readopted filed Jul 2, 2007, 3:01 p.m.: 20070711-IR-240070255RFA; readopted filed Dec 2, 2013, 10:29 a.m.: 20140101-IR-240130458RFA)