Section 7. Denial of Application for Certification and Revocation Procedures
Effective April 7, 2021
(a) The Indiana Office of Court Services may deny an application for certification or revoke a problem-solving court certificate for one or more of the following reasons:
(1) Failure of the applicant or the problem-solving court to comply with IC 33-23-16 and related federal and state laws, rules and regulations.
(2) Failure of the applicant or the problem-solving court to comply with the application requirements in section 6 of these rules.
(3) Permitting, aiding, or abetting the commission of an unlawful act by the applicant or problem-solving court.
(4) Applicant or problem-solving court conduct or practices found by the Indiana Office of Court Services to:
(A) threaten public health or safety; or
(B) be harmful to the health or safety of any participant in the problem-solving court.
(5) Deviation from the plan of operation submitted with the application or problem- solving court that, in the judgment of the Indiana Office of Court Services, adversely affects the character, quality, or scope of services provided to participants.
(6) Failure of the applicant or problem-solving court to cooperate with the Indiana Office of Court Services in connection with the certification process or an investigation of a complaint pertaining to the court’s compliance with IC 33-23-16, these rules and related federal and states laws, rules and regulations.
(7) Failure of the applicant or problem-solving court to provide accurate or reliable information on the application or regarding the problem-solving court’s operations or practices.
(b) The Indiana Office of Court Services must notify the supervising judge and the problem-solving court judge, by certified mail, return receipt requested, that the Indiana Office of Court Services intends to deny the application or revoke the court’s problem-solving court certificate. The notice must contain all of the following information:
(1) A brief statement explaining the reasons for the proposed denial or revocation.
(2) If the problem-solving court is currently operational, notice that the Indiana Office of Court Services is imposing a suspension on the problem-solving court’s operations, if applicable. The suspension continues in effect until the conclusion of all proceedings pursuant to these rules and any judicial review, unless earlier withdrawn by the Indiana Office of Court Services.
(3) A statement that the decision to deny the application or revoke the problem-solving court certificate is final unless the supervising judge submits written objections to the Indiana Office of Court Services, within 30 days from the date of the notice, stating why the application should not be denied or the problem-solving court certificate should not be revoked.
(c) If objections to a proposed denial or revocation have been timely submitted, settlement of all the points of contention are not made and the Indiana Office of Court Services issues a second written notice of denial or revocation, the supervising judge may submit a request for a hearing on the matter in accordance with section 8(b) of these rules.