Affected: IC 2-3.5-3-4; IC 4-21.5-3-5; IC 4-21.5-3-28; IC
5-10.2; IC 5-10.3-8-5; IC 33-38-6-23; IC 33-39-7-11
Sec. 3.
(a) The
purpose of this rule is to establish procedures to process petitioner appeals
of PERF staff action, determinations, or decisions referred to as "staff
action" in accordance with and pursuant to the Indiana Administrative Orders
and Procedures Act (Act), IC 4-21.5-Sec. 3.
(b) Pursuant to IC 4-21.5-3-28, the executive
director (ED) as the board's delegate is the ultimate authority and has set
forth the following review process to be followed before a final order is
issued:
(1) PERF will issue an initial
determination of its response to a questioned action.
(2) The initial determination will be sent by
certified mail to the stakeholder with a summary of the member's right to
administrative review.
(3) Pursuant
to IC 4-21.5-3-5, the petitioner will have fifteen (15) days from receipt of
PERF's initial determination to appeal in writing.
(4) Upon receipt by PERF a copy of the appeal
will be sent to the administrative law judge (ALJ) assigned to the
matter.
(5) The assigned ALJ may
set a prehearing conference to discuss issues of discovery and motions for
summary judgment and to determine a briefing schedule.
(6) If an evidentiary hearing is required,
PERF shall provide space which is equipped with a recording device to conduct
the hearing or engage a court reporter to make a record of the hearing if
necessary.
(7) Once the ALJ has
entered a decision and recommended order, the petitioner will have fifteen (15)
days to object to the ALJ's decision.
(8) The ED will make a final determination to
affirm, modify, or dissolve the ALJ's order. The executed final order will be
mailed by certified mail to the ALJ and petitioner
(9) The petitioner has thirty (30) days from
receipt of the final order to petition a court of jurisdiction for judicial
review.
(10) If no petition for
judicial review is filed within the thirty (30) day time period, the file is
closed.
(11) This rule shall be
interpreted to conform to the Act and shall be implemented pursuant to and in
accordance with the Act.
(c) This rule will apply to appeals filed
pursuant to IC 5-10.3-8-5, IC 33-39-7-11, IC 33-38-6-23, and IC
2-3.5-3-4.
