Section 465IAC3-3-6. Denial of requested administrative hearing

   (a) If a person's request for administrative hearing under 465 IAC 2-15.1-17 or section 3(a), 3(g), 3(l), or 3(m) of this rule is denied without consideration of the issue or issues presented by the request, the department shall send a written notice of denial to the person that states the reason that the person is not entitled to a hearing on the issue or issues.

  (b) The person may request a review of the basis for the denial of administrative hearing within fifteen (15) days after service of the notice of denial, by submitting a written request to reconsider the denial of administrative hearing. The request must:

(1) be sent or delivered to the department hearings and appeals office; and

(2) state the basis on which the person asserts entitlement to a hearing under this rule.

  (c) A department employee selected in accordance with department policy will review the denial notice and the written request for reconsideration and determine whether administrative hearing is appropriate.

  (d) The department will send written notice of the decision to the person within fifteen (15) days after receipt of the person's request for reconsideration of denial of administrative hearing.

  (e) If the denial of administrative hearing is reversed, the administrative hearing will be scheduled and conducted without further request by the person. Any time limits applicable under this rule to the requested hearing shall commence on the date of service of the notice of decision under this subsection. If the department affirms the denial, written notice of the decision will be the final agency action on the issue. (Department of Child Services; 465 IAC 3-3-6; filed Nov 14, 2012, 12:46 p.m.: 20121212-IR-465120404FRA; filed Oct 12, 2016, 2:03 p.m.: 20161109-IR-465160055FRA)