Section 470IAC1-4-3. Filing an appeal; scheduling appeals

   (a) Any party complaining of any division action in accordance with this rule may file a request for an administrative hearing as provided in this section.

  (b) Unless otherwise provided for by statute, regulation, or rule, appeal requests by recipients or applicants shall be filed in writing with the county office of the division of family resources or the office of hearings and appeals of the family and social services administration as provided on the notice of agency action. The appeal request must be received by close of business not later than:

(1) thirty-three (33) days following the effective date of the action being appealed; or

(2) thirty-three (33) days from the date of the denial notice;

whichever is later. Applicant and recipient appeal hearings shall be conducted at a reasonable time, date, and place.

  (c) For purposes of this section, "close of business" means 4:30 p.m., local time, on a business day where the appeal is received. If the thirty-third day is a:

(1) Saturday;

(2) Sunday;

(3) state holiday; or

(4) day the office in which the act is to be done is closed during regular business hours;

the appeal request must be received by the close of business the next business day. An appeal request received after close of business on the thirty-third day is untimely and invalid.

  (d) Unless otherwise provided for by statute, regulation, or rule, appeal requests by licensees or prospective licensees shall:

(1) be filed in writing by the aggrieved party or its attorneys at law;

(2) set out each objection to the division's actions as well as cite the legal reasons therefor; and

(3) be delivered to the division of family resources by close of business within thirty-three (33) days after receipt of the initial notice upon which the appeal is premised.

Failure to state objections and the legal reasons therefor, in a timely manner, shall be deemed a waiver of such objections. Licensee appeal hearings will be conducted in Indianapolis, Indiana unless the appellant is otherwise notified.

  (e) Appeals by Medicaid applicants and recipients concerning Medicaid eligibility or services shall be filed and conducted in accordance with rules promulgated by the office of the secretary of family and social services under 405 IAC. Medicaid provider appeals shall be filed and conducted in accordance with rules promulgated by the office of the secretary of family and social services under 405 IAC and the provisions of IC 4-21.5.

  (f) All requests for income withholding appeals by child support obligors in Title IV-D cases shall be made and all income withholding appeal hearings shall be conducted in accordance with the provisions of IC 31-16-15. Child support income withholding hearings will be conducted in Indianapolis, Indiana, unless the obligor is otherwise notified.

  (g) The division of family resources or the office of hearings and appeals of the family and social services administration, upon application of any party, or in its own discretion, may consolidate appeals to promote administrative efficiency. Hearings may only be consolidated in cases in which the sole issue involved is one of federal or state law or policy.

  (h) Any party filing an appeal under this rule is not excused from exhausting all interim procedures that may be required by statute or rule for administrative review prior to the filing of an appeal. Any issues not preserved in a timely manner within the interim review procedures are waived and shall not be an issue during the evidentiary hearing.

  (i) The director of the division of family resources is responsible for the appointment of administrative law judges to conduct hearings under this rule. The division of family resources or the office of hearings and appeals of the family and social services administration will schedule evidentiary hearings and issue notices to the parties regarding the date, time, and location of the scheduled hearing.

  (j) Continuance of a hearing will be granted only for good cause shown. An objection to a request for a continuance shall be considered before a continuance is granted or denied. Requests for a continuance shall be in writing and accompanied by adequate documentation of the reasons for the request. Good cause includes:

(1) inability to attend the hearing because of a serious physical or mental condition;

(2) incapacitating injury;

(3) death in the family;

(4) severe weather conditions making it impossible to travel to the hearing;

(5) unavailability of a witness and the evidence cannot be obtained otherwise; or

(6) other reasons similar to those listed in this section.

If the appellant is represented by counsel, the request for continuance must also include alternative dates for the scheduling of a new hearing. However, a new hearing may be scheduled without respect to the requested date if such date cannot be accommodated or confirmed with the requesting attorney within a reasonable time of the request. (Division of Family Resources; 470 IAC 1-4-3; filed May 22, 1987, 12:45 p.m.: 10 IR 2278, eff Jul 1, 1987; filed Jun 19, 1996, 9:00 a.m.: 19 IR 3074; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA; filed Feb 17, 2012, 10:45 a.m.: 20120314-IR-470110725FRA; readopted filed Aug 23, 2013, 3:36 p.m.: 20130918-IR-470130306RFA)