Authority: IC 10-14-4-11

Affected: IC 4-21.5-3-5; IC 4-21.5-3-7; IC 10-14-3; IC 10-14-4-14; IC 25-4; IC 25-31

Sec. 2. (a) Eligible individuals and families suffering damages may apply for individual disaster assistance program financial assistance. To apply, the applicant must meet the following requirements:

1. (1) Have sustained damages at their primary residence, which they own or rent, and which is located in the local jurisdiction that declared the disaster.

2. (2) Complete the individual disaster assistance program application form provided by the department that includes the following information:

   1. (A) The applicant's name, address, email and telephone number.
   2. (B) A description of the loss and eligible items as a result of the disaster.
   3. (C) Whether and to what extent mitigation funds under 290 IAC 1-3-2(a)(1) are being requested to restore the damaged property to prevent future loss from future disasters.
   4. (D) The applicant's proof of ownership or rent receipts.

   5. (E) The applicant's proof of loss, which must include at least one (1) of the following items:

      1. (i) A damage report of a damage estimate from the following:

         1. (AA) A contractor regularly engaged in the business of disaster damage repair or replacement.
         2. (BB) A professional engineer registered under IC 25-31 or a registered architect under IC 25-4.
         3. (CC) An employee of a local, state, or federal government agency.
      2. (ii) An invoice from any person described in subitem (AA) documenting the nature of loss and eligible items.
      3. (iii) A letter denying coverage from the applicant's insurer for eligible items.
   6. (F) Evidence demonstrating the loss is an uninsured loss, which may be a letter from the applicant's insurance company or an affidavit completed by the applicant if the applicant does not have insurance.
   7. (G) A copy of a deed, lease, or sworn statement of the property owner indicating that the applicant resides at the location that sustained damages.
3. (3) Submit the application to the department not more than ninety (90) days after the finding under section 1.5(3) of this rule.

(b) The decision granting or denying, in whole or in part, the application for individual disaster assistance program financial assistance 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) Individual disaster assistance amounts shall be determined based on the receipts or repair estimates supplied by the applicant.

(d) The total amount of individual assistance for any disaster shall be identified under 290 IAC 1-1-2.5(c)(1), and awards for individual assistance are apportioned using the method described in 290 IAC 1-1-2.5(c)(2) and may not exceed the statutory limit set in IC 10-14-4-14.

(Department of Homeland Security; 290 IAC 1-2-2; 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)