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4210.35.00 AVAILABILITY OF AGENCY REVIEW

The appellant or the DFR may request an Agency Review of the case by the Family and Social Services Administration if dissatisfied with the decision made by the ALJ. The agency review is explained to the appellant in the decision. (f31) The request must be made in writing to the OALP within ten (10) days following receipt of the hearing decision. (f32) 4210.35.05 AGENCY REVIEW

Once an Agency Review is requested, the Hearings and Appeals Section writes to the DFR and the appellant to acknowledge receipt of the request and to provide information concerning the review.

The parties may choose to submit a written memorandum of law for consideration. The Agency Review's decision will be sent to appropriate parties by certified mail.

Action required by the hearing decision must be enforced while awaiting the Agency Review.

Any party aggrieved by the decision of the Agency Review may file a petition for Judicial Review in the appropriate court by following the procedures required by IC 4- 21.5-5-5 et seq. 4210.40.00 LAWSUITS

When an applicant/recipient (plaintiff) sues the DFR, a DFR employee, or group of employees (defendant) and DFR staff are subsequently contacted by the plaintiff's attorney, the attorney should be advised to contact the defendant's attorney of record. The defendant's attorneys of record would be the Deputy Attorney General who represents the Central Office and the DFR attorney for specific DFR staff or group of staff who may be named as a defendant in the case. These attorneys are known to the plaintiff's attorney through the pleadings filed in the case. 4215.00.00 ADMINISTRATIVE DISQUALIFICATION HEARINGS

Administrative disqualification hearings (ADH) are requested by the DFR when there is sufficient documentary evidence to prove an individual has committed an intentional program violation (IPV). The request is made in the eligibility system on the Appeals Request/Appeals – Search Page and Form 2235, Request for Administrative Disqualification Hearing.

The DFR initiates an ADH when the program violations and/or case facts do not warrant criminal prosecution, according to the guidelines established by the County Prosecutor. The DFR may initiate this type of hearing regardless of the individual's current eligibility. The DFR may initiate an ADH and criminal prosecution against an individual for the same offense but not at the same time. Therefore, if the criminal prosecution results in a not guilty verdict the DFR may request an ADH. Conversely, if an ADH is not sustained and then new evidence is discovered, the claim may be taken for criminal prosecution.