Indiana Code 12-20-15-4. Review of documents and standards for hearings on appeal; remanding cases to trustees
(1) review and consider any report or investigative documents the trustee prepared before making the appealed decision; and
Terms Used In Indiana Code 12-20-15-4
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Trustee: A person or institution holding and administering property in trust.
(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.