IC 12-20-15
    Chapter 15. Appeal of Denial or Reduction in Amount ofTownship Assistance

IC 12-20-15-1
Appeal by unsatisfied township assistance applicants or recipientsto board of commissioners
    Sec. 1. If an applicant for or recipient of township assistance isnot satisfied with the decision of the township trustee, asadministrator of township assistance, the applicant or recipient mayappeal to the board of commissioners.
As added by P.L.2-1992, SEC.14. Amended by P.L.73-2005, SEC.62.

IC 12-20-15-2
Time for applicant's appeal
    Sec. 2. An applicant for township assistance must file theapplicant's appeal not more than fifteen (15) days from the date ofissuance by the township trustee of adequate written notice of thedenial of township assistance as provided by IC 12-20-6-8. An appealmust be made in writing or orally as required by the board ofcommissioners.
As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.46;P.L.73-2005, SEC.63.

IC 12-20-15-3
Hearing on appeal; uniform written procedures
    Sec. 3. (a) The board of county commissioners may:
        (1) conduct a hearing on the appeal; or
        (2) appoint a hearing officer:
            (A) from among the board;
            (B) from among the employees of the board; or
            (C) from qualified residents of the county;
        who will conduct a hearing for the board.
    (b) The board of county commissioners shall develop uniformwritten procedures, including provisions for:
        (1) before the hearing, an opportunity for the appellant or theappellant's legal representative to review the appellant'stownship assistance file and any documents or evidence used bythe township trustee to make the determination under appeal;
        (2) the order of the proceeding and the procedure for subpoena:
            (A) of a witness; or
            (B) for production of evidence;
        if reasonably requested by the appellant or the township trustee;and
        (3) the issuance of a hearing decision within the periodprescribed by section 6(b)(2) of this chapter.
As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.47;P.L.262-2003, SEC.2; P.L.73-2005, SEC.64.

IC 12-20-15-4 Review of documents and standards for hearings on appeal;remanding cases to trustees
    Sec. 4. (a) In hearing an appeal, the board of commissioners anda hearing officer shall:
        (1) review and consider any report or investigative documentsthe trustee prepared before making the appealed decision; and
        (2) be governed by the township's township assistance standardsfor determining eligibility to the extent that the standardscomply with existing law for the granting of townshipassistance. If no legally sufficient standards have beenestablished, the board of commissioners and the hearing officershall be guided by the circumstances in each case.
    (b) The board of commissioners shall remand a case to a trusteefor further proceedings if:
        (1) new evidence was presented by the applicant to the board ofcommissioners; and
        (2) the board of commissioners determines that the newevidence presented would have made the individual eligible forassistance.
    (c) If a case is remanded to a trustee, the trustee shall issue a newdetermination of eligibility not later than seventy-two (72) hoursafter receiving the written decision remanding the case, excludingweekends and legal holidays listed in IC 1-1-9.
As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.48;P.L.262-2003, SEC.3; P.L.73-2005, SEC.65.

IC 12-20-15-5
Necessary parties at hearing
    Sec. 5. The appellant must be present at a hearing conducted bythe board of commissioners or a hearing officer. The townshiptrustee, as administrator of township assistance, or the trustee'srepresentative shall be notified in writing of the hearing date andtime, but the failure of the township trustee or the trustee'srepresentative to be present is not a cause for postponement of thehearing unless the trustee requests and is granted a continuance. Acontinuance requested by the township trustee does not reduce theperiod required for a decision under section 6(b)(2) of this chapter.
As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.49;P.L.73-2005, SEC.66.

IC 12-20-15-6
Timing of hearing on appeal; written decision
    Sec. 6. (a) The board of commissioners shall hold a hearing assoon as possible after the filing of an appeal but not more than ten(10) working days after the appeal form or other notice of appeal isreceived in the office of the board of commissioners.
    (b) The board of commissioners shall issue a written decision thatmust:
        (1) appear in the official records of the board;
        (2) be issued to the appellant and the township trustee not more

than five (5) working days following the date of the hearing;
        (3) state the legal and factual basis for the decision;
        (4) advise the appellant and the township trustee of the right tojudicial review and the period prescribed for requesting judicialreview; and
        (5) inform the appellant of the availability of free legal counselfor the indigent.
As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.50.

IC 12-20-15-7
Implementation of board's decision
    Sec. 7. The township trustee, as administrator of townshipassistance, shall carry out a decision of the board to sustain, increase,grant, or otherwise modify township assistance only if the board ofcommissioners complies with the requirements for a written decisionunder section 6 of this chapter.
As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.51;P.L.73-2005, SEC.67.

IC 12-20-15-8
Appeal to circuit or superior court
    Sec. 8. (a) The township trustee or an applicant may appeal adecision of the board of commissioners to a circuit or superior courtwith jurisdiction in the county.
    (b) In hearing an appeal, the court shall be governed by thetownship's township assistance standards for determining eligibilityfor granting township assistance in the township. If legally sufficientstandards have not been established, the court shall be guided by thecircumstances of the case.
As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.52;P.L.73-2005, SEC.68.

IC 12-20-15-9
Recovery of assistance awarded upon successful appeal by trustee
    Sec. 9. If the court sets aside a decision of the board ofcommissioners in favor of an applicant, the township trustee mayrecover the amount of any assistance awarded as a result of theboard's decision.
As added by P.L.2-1992, SEC.14.