Section 10. Denial of Application for Certification or Recertification
Effective August 31, 2021
(a) The Indiana Office of Court Services may deny the request for approval of an application for certification or recertification of a program for any reason enumerated in Section 11. If the Indiana Office of Court Services determines that a request for certification or recertification of a court alcohol and drug program should be denied, the Indiana Office of Court Services must follow the procedures required in this section.
(b) The Indiana Office of Court Services must notify the supervising judge, by certified mail, return receipt requested, that the Indiana Office of Court Services intends to deny the application. The notice of intention to deny must contain all the following information:
(1) a brief statement explaining the reasons for the denial;
(2) a statement that the decision to deny the application will become final unless the supervising judge submits written objections to the Indiana Office of Court Services, within 30 days, stating why the denial should not become final;
(3) if the supervising judge submits objections to the proposed denial during the 30 days specified in subdivision (2), the court program’s current certificate remains in effect, except in extraordinary circumstances, until the conclusion of negotiations and hearings; and
(4) in extraordinary circumstances, the Indiana Office of Court Services may limit or deny this period of extension if it determines that continued certified court program operations present an imminent danger to the public health or safety.
If the supervising judge submits written objections, the Indiana Office of Court Services must provide a full opportunity for adjustment, compromise or settling of all issues.
(c) If objections to an impending denial have been submitted, no settlement of the points of contention can be made, and the Indiana Office of Court Services denies the application a second time, the supervising judge may request a hearing within 30 days of the date the second denial is issued. The Indiana Office of Court Services must provide the hearing, and the hearing must be conducted as described in Section 14.