Section 328IAC1-4-3. Recategorization of fund qualifying occurrences

   (a) To assure the efficient administration of the fund, the administrator may recategorize a fund qualifying occurrence at any time that it is determined a fund qualifying occurrence has been incorrectly categorized as follows:

(1) The administrator will notify the applicant by mail of the new category.

(2) The applicant may petition the administrator to be put in a lower number category, with category 1 being the lowest, based on new information.

(3) If the administrator approves placement in a lower number category, the applicant may seek reimbursement under the new category for any costs incurred subsequent to the placement in the new category.

(4) If the administrator approves placement in a higher number category with 5 being the highest category, the applicant has fifteen (15) days after the date of the notification to submit current costs under the new category.

  (b) Fund qualifying occurrences may be recategorized based on:

(1) the current environmental conditions;

(2) information indicating the elimination or abatement of the condition or conditions that led to the placement of a fund qualifying occurrence in a category;

(3) other information available to the administrator demonstrates that recategorization is appropriate; or

(4) the discovery of the event that led to the placement in a lower category with category 1 being the lowest.

  (c) Except as provided in sections 1.5 and 3(a) of this rule, the priority of a claim is determined by the category of the fund qualifying occurrence at the time the claim is approved by the administrator and by section 1(c)(6) of this rule. (Underground Storage Tank Financial Assurance Board; 328 IAC 1-4-3; filed Dec 4, 1992, 11:00 a.m.: 16 IR 1055; filed May 25, 1999, 4:31 p.m.: 22 IR 3103; readopted filed Jan 10, 2001, 3:21 p.m.: 24 IR 1534; filed Aug 30, 2004, 9:40 a.m.: 28 IR 141; errata filed Oct 7, 2004, 11:45 a.m.: 28 IR 608; readopted filed Nov 19, 2010, 9:08 a.m.: 20101215-IR-328100553BFA; filed Feb 24, 2011, 2:04 p.m.: 20110323-IR-328080684FRA)