Section 290 IAC 1-2-1 - DefinitionsAuthority: IC 10-14-4-11
Affected: IC 10-14-3-1; IC 10-14-4-13; IC 10-19-2-1; IC 10-19-3-1; IC 25-4; IC 25-31
Sec. 1.
(a) The definitions in this section apply throughout this rule.(b) "Affected area" means the county or counties that are included in the USSBA disaster declaration.(c)[Voided by P.L. 70-2019, SECTION 2, effective April 24, 2019.](d) "Applicant" means any individual who submits an application on behalf of a household for financial assistance under IC 10-14-4.(e) "Certification" means that part of the application where the applicant must certify that he or she is not engaging in any fraudulent conduct.(f)[Voided by P.L. 70-2019, SECTION 2, effective April 24, 2019.](g) "Damage assessment" means a comprehensive assessment of all damages to include verifiable estimates of repair or replacement costs.(h) "Department" means the Indiana department of homeland security established under IC 10-19-2-1.(i) "Director" means the executive director of the department appointed under IC 10-19-3-1.(j) "Disaster" has the meaning set forth in IC 10-14-3-1.(k) "Disaster response costs" means the additional expenses incurred by an eligible individual in removing damaged improvements, furnishings, and debris from the home site. The term also includes the costs incurred for state verification surveys for individual assistance conducted by the state or a local unit of government at the written direction of the department.(l) "Eligible items" means the following for individual assistance applicants: (1) General repairs to the applicant's primary residence, including mobile home repairs.(2) Utilities replacement or repairs.(3) Heating, ventilating, or air conditioning equipment replacement or repairs.(4) Personal property, including, without limitation, clothing, appliances, essential tools for employment or school, repairs, or replacement.(5) Motor vehicles that are essential transportation and currently registered to the applicant. (m) "FEMA" means the United States Federal Emergency Management Agency.(n) "Individual disaster assistance program" means the program described in the provisions of IC 10-14-4-13.(o) "Nature of loss" means damage or loss of eligible items.(p) "Proof of loss" means documentation required as part of the application process described in section 2 of this rule and including, without limitation, one (1) or more of the following: (1) A damage report of a damage estimate from the following: (A) A contractor regularly engaged in the business of disaster damage repair or replacement.(B) A professional engineer registered under IC 25-31 or a registered architect registered under IC 25-4.(C) An employee of a local, state, or federal government agency.(2) An invoice from any person described in subdivision (1) that documents the nature of loss and eligible items.(3) A letter of denial of coverage from the applicant's insurer for eligible items.(q) "Resident" means an individual renting, leasing, or owning real property that is their primary residence within the affected area at the time of a USSBA declared disaster.(r) "Uninsured loss" means a financial loss to an eligible individual assistance claimant resulting from damage to an item or items in an available category under section 6 of this rule belonging to an applicant who receives no insurance recovery for the loss. The term does not include a deductible amount the insured applicant must pay before any insurance proceeds are paid.(s) "USSBA" means the United States Small Business Administration.(t) "USSBA declared disaster" means a disaster declaration only by the USSBA.(u) "USSBA disaster loan program" means the USSBA loan program operated pursuant to 15 U.S.C. 631 et seq.Department of Homeland Security; 290 IAC 1-2-1; filed Jan 3, 2011, 12:54 p.m.: 20110202-IR-290100481FRAReadopted filed 6/23/2017, 9:50 a.m.: 20170719-IR-290170254RFAReadopted filed 5/12/2023, 9:46 a.m.: 20230607-IR-290230126RFA290 IAC 1-2-1(c) and 290 IAC 1-2-1(f) were voided by P.L. 70-2019, SECTION 2, effective April 24, 2019.