Indiana Administrative Code (Last Updated: December 20, 2016) |
Title 470. DIVISION OF FAMILY RESOURCES |
Article 470IAC1. GENERAL ADMINISTRATIVE RULES |
Rule 470IAC1-4. Administrative Appeals |
Section 470IAC1-4-1. Purpose
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(a) It is the purpose of this rule to establish a uniform method of administrative adjudication within the division of family and children in order to determine whether or not any action complained of was done in accordance with federal and state statutes, regulations, rules, and policies. As used in this rule, "policies" includes program manuals, administrative directives, transmittals, and other official written pronouncements of state or federal 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:
(1) a person or entity to whom the agency action is specifically directed;
(2) the division of family and children; or
(3) the county office of family and children.
(c) In the event that any provision of this rule is deemed to be in conflict with any other provision of federal or state statute, regulation, or rule that is specifically applicable to any program being appealed hereunder, then such other statute, regulation, or rule shall supersede that part of this rule in which the conflict is found. (Division of Family Resources; 470 IAC 1-4-1; filed May 22, 1987, 12:45 p.m.: 10 IR 2277, eff Jul 1, 1987; filed Jun 19, 1996, 9:00 a.m.: 19 IR 3073; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA; readopted filed Aug 23, 2013, 3:36 p.m.: 20130918-IR-470130306RFA)