(A) The Procedures for Appeal of Denial or Reduction in the amount of Poor Relief pursuant to I.C. 12-20-15 et seq. are as follows.
(B) If an applicant for or recipient of township poor relief is not satisfied with the decision of the township trustee as administrator of poor relief, the applicant or recipient may appeal such decision to the Board of Commissioners of Dearborn County.
(C) An applicant for poor relief must file the applicant's appeal not more than 15 days from the date of issuance by the township trustee of adequate written notice of the denial of poor relief assistance. An appeal must be made in writing as required by the Board of Commissioners of Dearborn County.
(D) The appellant has the right to:
(1) Appear at the hearing to present an oral or written statement and any documents in opposition to the township trustee's decision; or
(2) Appear at the hearing and have applicant's chosen representative present an oral or written statement and any documents in opposition to the township trustee's decision;
(E) Failure to respond truthfully to questions in the hearing may result in further legal action. Applicant may be represented by any person applicant chooses. If applicant elects to present evidence in applicant's support or if applicant is called to testify as to any allegations, applicant must answer all questions truthfully. If it is proved in a subsequent hearing that applicant's responses to questions were not truthful, such dishonesty may result in further legal action. At the hearing, applicant may present any testimony, witnesses, or documents which would support a reversal of the township trustee's decision. Applicant may be represented by any person applicant chooses. Applicant shall provide a list of witnesses to the Board of Commissioners of Dearborn County no later than four hours prior to the hearing. It is applicant's responsibility to notify witnesses that their attendance is desired.
(F) The Board of Commissioners of Dearborn County may conduct a hearing on the appeal sitting as hearing officer or may appoint a hearing officer from among the Board of Commissioners of Dearborn County, from among the employees of the Board of Commissioners of Dearborn County, or from qualified residents of Dearborn County.
(G) Before the hearing, the appellant or the appellant's legal representative shall have an opportunity to review the appellant's poor relief file and any documents or evidence used by the township trustee to make the determination under appeal.
(H) The order of the proceeding is as follows:
(1) An introductory statement by the hearing officer or representative of the hearing officer;
(2) Appellant's presentation of evidence against the township trustee's decision;
(3) The township trustee's presentation of evidence in support of the township trustee's decision;
(4) The parties may cross examine witnesses and the Board of Commissioners of Dearborn County and/or the hearing officer reserves the right to ask questions as deemed necessary. This is an informal procedure and the Board of Commissioners of Dearborn County and/or the hearing officer is not bound to Indiana's Rules of Evidence or Indiana's Rules of Trial Procedure.
(I) The Board of Commissioners of Dearborn County may issue a subpoena requiring an individual's attendance at the hearing or requiring the production of documents at the hearing if so reasonably requested by the appellant or the township trustee.
(J) In hearing an appeal, the Board of Commissioners of Dearborn County and/or 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 poor relief standards for determining eligibility to the extent that the standards comply with existing law for the granting of poor relief. If no legally sufficient standards have been established, the Board of Commissioners of Dearborn County and/or the hearing officer shall be guided by the circumstances in each case.
(K) (1) The Board of Commissioners of Dearborn County shall remand a case to a trustee for further proceedings if:
(a) New evidence was presented by the applicant to the Board of Commissioners of Dearborn County; and
(b) The Board of Commissioners of Dearborn County determines that the new evidence presented would have made the individual eligible for assistance.
(2) If a case is remanded to a trustee, the trustee shall issue a new determination of eligibility not later that 72 hours after receiving the written decision remanding the case, excluding weekends and holidays listed in I.C. 1-1-9.
(L) The appellant must be present at a hearing conducted by the Board of Commissioners of Dearborn County or a hearing officer. The township trustee, as administrator of poor relief, or the trustee's representative, shall be notified in writing of the hearing date and time, but the failure of the township trustee or the trustee's representative to be present is not a cause for postponement of the hearing unless the trustee requests and is granted a continuance. A continuance requested by the township trustee does not reduce the period required for a decision under division (M)(2).
(M) The Board of Commissioners of Dearborn County shall hold a hearing as soon as possible after the filing of an appeal but not more than ten working days after the appeal form or other notice of appeal is received in the office of the Board of Commissioners of Dearborn County. The Board of Commissioners of Dearborn County shall issue a written decision that must:
(1) Appear in the official records of the Board of Commissioners of Dearborn County;
(2) Be issued to the appellant and the township trustee not more than five working days following the date of the hearing;
(3) State the legal and factual basis for the decision;
(4) Advise the appellant and the township trustee of the right to judicial review and the period prescribed for requesting judicial review; and
(5) Inform the appellant of the availability of free counsel for the indigent.
(N) The township trustee, as administrator of poor relief, shall carry out a decision of the Board of Commissioners of Dearborn County to sustain, increase, grant, or otherwise modify poor relief only if the Board of Commissioners of Dearborn County complies with the requirements for a written decision under division (M) above.
(O) The township trustee or an applicant may appeal a decision of the Board of Commissioners of Dearborn County to a circuit or superior court with jurisdiction in the county. In hearing an appeal, the court shall be governed by the township's poor relief standards for determining eligibility for granting poor relief in the township. If legally sufficient standards have not been established, the court shall be guided by the circumstances of the case.
(P) If the court sets aside a decision of the Board of Commissioners of Dearborn County in favor of an applicant, the township trustee may recover the amount of any assistance awarded as a result of the Board of Commissioners of Dearborn County's decision.
(Ord. 10-2004, passed 11-8-04)