Section 470IAC1-4-6. Agency review

   (a) Except for food stamp intentional program violation hearings and aid to families with dependent children intentional program violation hearings, any party who is not satisfied with the decision of the administrative law judge (ALJ) may request agency review of the decision within ten (10) days of receipt thereof in accordance with instructions issued with the decision.

  (b) After receiving a request for agency review of a hearing decision, the division of family and children or the hearings and appeals section of the family and social services administration shall notify all parties when the decision will be reviewed. The agency review shall be completed by the division director or the director's designee. All such reviews shall be conducted upon the record, as defined in section 7 of this rule, except that a transcript of the oral testimony shall not be necessary for the review unless a party requests that one be transcribed at the party's expense.

  (c) No new evidence will be considered during the agency review; however, any party wishing to submit a memorandum of law, citing evidence in the record, may do so pursuant to instructions issued by the division of family and children or the hearings and appeals section of the family and social services administration.

  (d) The director of the division of family and children, or the director's designee, shall review the administrative law judge's decision to determine if the decision is supported by the evidence in the record and is in accordance with the statutes, regulations, rules, and policies applicable to the issues under appeal.

  (e) Following the review of the director or designee, the director or designee shall issue a written decision:

(1) affirming the decision of the ALJ;

(2) amending or modifying the decision of the ALJ;

(3) reversing the decision of the ALJ;

(4) remanding the matter to the ALJ for further specified action; or

(5) make such other order or determination as is proper on the record.

  (f) The parties will be issued a written notice of the action taken as a result of the agency review. If the decision of the ALJ is reversed, amended, or modified, the director or designee shall state the reasons for the action in the written decision.

  (g) The division of family and children or the hearings and appeals section of the family and social services administration shall distribute the written notice on agency review to:

(1) all parties of record;

(2) the ALJ who rendered the decision following the evidentiary hearing; and

(3) any other person designated by the director or designee.

(Division of Family Resources; 470 IAC 1-4-6; filed May 22, 1987, 12:45 p.m.: 10 IR 2279, eff Jul 1, 1987; filed Jun 19, 1996, 9:00 a.m.: 19 IR 3076; 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)