Section 290IAC1-1-3. Public assistance eligibility requirements

   (a) Applicants must comply with the requirements of  IC 10-14-4 and meet all of the following eligibility requirements for the state disaster relief fund:

(1) Maintain an emergency management program or be incorporated into a county emergency management program that is established before the disaster.

(2) Maintain a current applicable emergency operations plan, which shall have been implemented in a timely manner at the beginning of the disaster.

(3) Declare a state of local disaster emergency in the applicant jurisdiction in accordance with IC 10-14-3-29 and have transmitted a copy of the declaration to the department not more than seventy-two (72) hours after the local disaster emergency has been declared.

(4) Verify the commitment of local resources by means of a signed statement by the applicant's executive.

(5) Conduct a local damage assessment, including verifiable repair costs, transmitting the results, in writing, to the department through the county emergency management director not more than twenty-one (21) days after the date of the local disaster emergency declaration.

(6) Must have damage in one (1) or more of the categories listed in section 5 of this rule in an amount equal to or greater than one hundred percent (100%) of the FEMA Public Assistance Per Capita Indicator as published in 44 CFR Part 206 as in effect on the date of the declaration described in subdivision (4).

  (b) An applicant that is eligible to receive federal public assistance disaster funds pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (referred to as the Stafford Act - 42 U.S.C. 5721 et seq.) is not eligible to receive a state disaster relief fund public assistance grant. (Department of Homeland Security; 290 IAC 1-1-3; filed Jan 25, 2001, 11:15 a.m.: 24 IR 1609; readopted filed Sep 25, 2007, 9:07 a.m.: 20071010-IR-290070492RFA; filed Jan 3, 2011, 12:54 p.m.: 20110202-IR-290100481FRA)