§ 10-19-3-8 — Variances to rules governing state disaster relief fund

(a) The executive director may grant a variance
to a rule governing the state disaster relief fund under 290 IAC 1. A
variance granted under this section must promote the effective and
expeditious distribution of relief assistance.
(b) The executive director may grant a variance to a rule under
subsection (a) if an applicant for financial assistance under 290 IAC
1-1 or 290 IAC 1-2 does the following:
(1) Submits to the executive director a written or electronic
request for the variance in the form and manner specified by the
executive director.
(2) Documents that compliance with the rule specified in the
application for the variance will create an undue hardship on the
applicant, as determined by the executive director.
(3) Documents that the applicant for the variance will be in
substantial compliance with 290 IAC 1-1 or 290 IAC 1-2, as
applicable, after the variance is granted, as determined by the
executive director.
(4) Documents that noncompliance with the rule specified in the
application for a variance will not be adverse to public health and
safety or the purposes of the fund, as determined by the executive
director.
(c) A variance granted under subsection (b) must be conditioned
upon compliance with the alternative method approved by the
executive director. Noncompliance with the alternative method
constitutes the violation of a rule of the executive director and may be
the basis for revoking the variance.

Legislative History

As added by P.L.45-2012, SEC.2. Amended by P.L.57-2020, SEC.6.