Section 12-20-15-4 - Review of documents and standards for hearings on appeal; remanding cases to trustees(a) In hearing an appeal, the board of commissioners and a hearing officer shall: (1) review and consider any report or investigative documents the trustee prepared before making the appealed decision; and(2) be governed by the township's township assistance standards for determining eligibility to the extent that the standards comply with existing law for the granting of township assistance. If no legally sufficient standards have been established, the board of commissioners and the hearing officer shall be guided by the circumstances in each case.(b) The board of commissioners shall remand a case to a trustee for further proceedings if:(1) new evidence was presented by the applicant to the board of commissioners; and(2) the board of commissioners determines that the new evidence presented would have made the individual eligible for assistance.(c) If a case is remanded to a trustee, the trustee shall issue a new determination of eligibility not later than seventy-two (72) hours after receiving the written decision remanding the case, excluding weekends and legal holidays listed in IC 1-1-9.Pre-1992 Revision Citation: 12-2-1-18(c) part.
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.