Section 405IAC8-9-1. Purpose

   (a) The purpose of this rule is to establish a uniform method of administrative review and administrative adjudication for appeals concerning applicants and enrollees of the program, in order to determine whether or not any action for which there is a complaint was done in accordance with state statutes, regulations, rules, and policies. As used in this rule, "policies" include:

(1) program manuals;

(2) administrative directives;

(3) transmittals; and

(4) other official written pronouncements of state policy.

  (b) This rule shall be construed in such a manner as to provide all parties with an adequate opportunity to be heard in accordance with due process of law. As used in this rule, "party" means either of the following:

(1) A person to whom the agency action is specifically directed.

(2) The office.

  (c) In the event that any provision of this article is deemed to be in conflict with any other provision of state statute, regulation, or rule that is specifically applicable to the program, then such other statute, regulation, or rule shall supersede that part of this article in which the conflict is found. (Office of the Secretary of Family and Social Services; 405 IAC 8-9-1; filed Mar 29, 2006, 2:19 p.m.: 29 IR 2532; readopted filed Jun 18, 2012, 11:19 a.m.: 20120718-IR-405120201RFA)