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If an applicant disagrees with a determination of eligibility, the applicant may ask the Commission to review the decision by submitting an appeal and all relevant supporting documentation using the Commission’s online appeals form.
Click here to submit an appeal.
Once an appeal is received, a member of the Commission will review the appeal. The appeal can be approved, denied, or more information may be requested. If more information is requested, the applicant will have 21 days to submit the documentation. An applicant can ask for additional time to submit requested information but must do so within the 21 day timeframe. Failure to submit all documentation or request an extension may result in a denial.
Within three (3) weeks of receiving all relevant documentation, the Commission will inform the applicant of its decision via email. If the first appeal is denied, the applicant may file a second appeal using the same process. The second appeal should include any new information and must be submitted within 30 days of the date on the decision letter. Second appeals will be reviewed by the Executive Appeals Committee (EAC). The EAC will meet on a monthly basis to review second appeals. The EAC may approve, deny or request information in the same manner as the first appeal.
If the second appeal is denied, applicants may petition for review of this decision under Ind. Code § 4-21.5-3-7 (third appeal). The third appeal must identify the reasons for review and demonstrate how the applicant has been aggrieved or adversely affected by the Commission’s decision. The third appeal must be filed no later than 15 days from the issuance of the second appeal decision in accordance with IC 4-21.5-3-2. If the third appeal is timely filed and review granted, the Commission will issue a notification of an administrative hearing. The applicant or a representative may be present at that hearing. Applicants may be represented by an attorney at their own expense.
The applicant will have the burden of proving the Commission’s decision is incorrect.