Authority: IC 10-14-4-11

Affected: IC 4-21.5-3-5; IC 4-21.5-3-7; IC 10-14-4-7

Sec. 2.5. (a) Complete applications will be reviewed and acted upon by the department. The decision to grant or deny, in whole or in part, the application for a state disaster relief fund public assistance grant shall not be made until it is determined whether the applicant will be eligible to receive federal public assistance disaster funds. Applicants eligible to receive federal public assistance disaster funds under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to as the Stafford Act under 42 U.S.C. 5721 et seq., are not eligible to receive a state disaster relief fund public assistance grant.

(b) The decision granting or denying, in whole or in part, the application for a state disaster relief fund public assistance grant shall be issued by the department under the requirements of IC 4-21.5-3-5. If a petition for review is subsequently granted under IC 4-21.5-3- 7, the matter will be transferred to the office of administrative law proceedings for assignment of an administrative law judge.

(c) State disaster relief fund public assistance grants will be made as follows:

1. (1) After all applications have been received for a specific disaster, including applications under the individual assistance program as prescribed in 290 IAC 1-2-1.5, if applicable, the department will determine and set aside the amount of public assistance state disaster relief funds and individual assistance disaster relief funds available to provide grants for the disaster. Once determined, the set asides for each program are kept separate and distinct, and may be modified only by the director for good cause. The total amount set aside for both individual and public assistance for the same event may not exceed fifty percent (50%) of the total amount in the state disaster relief fund as of the date of the governor's disaster declaration or director's finding under 290 IAC 1-2-1.5(3)(B), whichever comes earlier. If there is more than one (1) active disaster for which set asides have not yet been made, the events and applicant pool may be combined, at the department's discretion. The total amount set aside for use between the events may not exceed seventy-five percent (75%) for not more than two (2) disasters, or ninety percent (90%) for at least three (3) disasters, of the total amount in the state disaster relief fund as of the date of the governor's disaster declaration or director's finding under 290 IAC 1-2-1.5(3)(B), whichever comes first, for the first event.
2. (2) If the public assistance program set asides do not satisfy the full amount each applicant qualifies for, awards are distributed by dividing the set aside amount by the number of public assistance applicants, and awarding an equal amount to each applicant up to an applicant's qualifying maximum. A remainder from the set aside, after a full award is met, is divided equally between the remaining applicants until the money in the set aside is exhausted or the awards are fully funded.
3. (3) The grant amount to each public assistance applicant may also not exceed the amount determined using the formula specified in IC 10-14-4-7.

(d) The state disaster relief fund public assistance grant is provided to a grantee on a reimbursement basis unless the applicant has applied for, and the department has approved, a working capital advance for the project. If the department does provide the grantee with a working capital advance for the project, any further payment of the grant funds shall be reimbursements of the grantee's actual disbursements.

(e) To the extent a cost is identified in the department's state public assistance plan, the cost may only be covered at the rates contained in the department's state public assistance plan, as in effect on the date of the disaster.

(f) Grants may only be awarded to cover an uninsured loss or a response cost.

(Department of Homeland Security; 290 IAC 1-1-2.5; filed Jan 3, 2011, 12:54 p.m.: 20110202-IR-290100481FRA; readopted filed Jun 23, 2017, 9:50 a.m.: 20170719-IR-290170254RFA; readopted filed May 12, 2023, 9:46 a.m.: 20230607-IR-290230126RFA; filed Nov 8, 2024, 2:23 p.m.: 20241204-IR-290240262FRA)