Section 465IAC3-3-15. Dismissal

   (a) At any stage of a proceeding, if a party fails to:

(1) timely request an administrative review that is available under 465 IAC 3-2;

(2) timely request an administrative hearing under this rule; or

(3) attend or participate in a prehearing conference, hearing, or other stage of the proceeding, unless a continuance has been granted under this rule before the scheduled date;

the ALJ may serve upon all parties written notice of a proposed dismissal order, including a statement of the proposed reason or reasons for dismissal of the proceeding.

  (b) Within seven (7) days after service of a proposed dismissal order, the party affected by the proposed dismissal may file a written motion requesting that the proposed dismissal not be ordered, and stating the grounds for objecting to the proposed order. During the time within which a party may file a motion under this subsection, the ALJ may adjourn the proceedings, or take any action in the proceedings that is necessary or appropriate, without participation of that party.

  (c) If the party subject to the proposed dismissal order fails to file a timely written motion under subsection (b), the ALJ may issue the dismissal order without further notice. If the party has filed a timely motion under subsection (b), the ALJ may:

(1) conduct a prehearing conference or other informal proceeding to consider the proposed dismissal and objection; or

(2) enter the order or withdraw the proposed order based on undisputed facts and reasons stated in the proposed order and response motion.

(Department of Child Services; 465 IAC 3-3-15; filed Nov 14, 2012, 12:46 p.m.: 20121212-IR-465120404FRA)