Section 460IAC2-4-28. Grievance procedures for licensed managers

   (a) At the time of licensing, a manager shall be informed of the right to, and the procedures for obtaining, administrative review, including a full evidentiary hearing, regarding a decision of the state licensing agency. A licensed manager shall be given access to this information in the manager's choice of:

(1) Braille;

(2) large print;

(3) computer disk; or

(4) recorded tape.

  (b) If a licensed manager disagrees with an action taken by the state licensing agency arising from the operation or administration of the BEP facility program, the licensed manager may file a written grievance with the director of blind and visually impaired services within fifteen (15) business days of notification of the agency action complained of. The grievance must be filed in accordance with the procedures established in this section.

  (c) Upon receiving a written grievance, the director of blind and visually impaired services shall conduct informal administrative review under section 29 of this rule.

  (d) If the aggrieved party is dissatisfied with the outcome of informal administrative review, the aggrieved party may file a written request with the director of DDRS for a full evidentiary hearing. The written request must be filed within fifteen (15) business days after service of the written notice of the decision from informal administrative review. The hearing must be held before an impartial hearing officer appointed by the director or the director's delegate. The hearing officer shall:

(1) conduct proceedings under IC 4-21.5; and

(2) file a recommended order with the parties and the director of DDRS under section 30 of this rule.

  (e) If a party is dissatisfied with the recommended order of a hearing officer, a party may file written objections with the director of DDRS within fifteen (15) business days of service of the hearing officer's recommended order. The director shall conduct proceedings and enter a final order under section 30 of this rule.

  (f) If the aggrieved party is dissatisfied with the final order of the director of DDRS under subsection (e), the aggrieved party may either:

(1) request that an arbitration panel be convened by filing a written complaint with the Secretary of the United States Department of Education, as authorized by 20 U.S.C. 107d-1 and 34 CFR 395.13; or

(2) seek judicial review of the final order under IC 4-21.5-5.

  (g) This section applies only to licensed managers. (Division of Disability and Rehabilitative Services; 460 IAC 2-4-28; filed Aug 23, 2001, 2:30 p.m.: 25 IR 74; filed Nov 26, 2007, 10:19 a.m.: 20071226-IR-460070254FRA; readopted filed Nov 30, 2007, 4:47 p.m.: 20071226-IR-460070733RFA; readopted filed Nov 20, 2013, 9:02 a.m.: 20131218-IR-460130457RFA)