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4.13 APPLICATION FOR UNDUE HARDSHIP CONSIDERATION A. A requestor shall mail his or her application for an undue hardship consideration in writing to EOHHS within forty-five (45) days after the date EOHHS has filed its claim with probate court. The application shall include the following information: 1. The relationship of the undue hardship applicant to the decedent and copies of documents establishing that relationship; and 2. The basis for the application and documentation supporting the undue hardship applicant's position; and 3. Supporting documentation that the requestor has the legal standing and will be allowed to continue to reside in the property indefinitely should the undue hardship request be approved. B. EOHHS may require additional documentation, such as a current title examination or a list of existing creditors, as adequate proof that its decision to defer its lien will not otherwise adversely affect its claim. C. EOHHS shall review each application and issue a written decision within ninety (90) days after the application was received by EOHHS. EOHHS shall consider and base its decision on all information received with the application and any independent investigation it may undertake. D. The decision shall be the final decision of EOHHS. 4.14 UNDUE HARDSHIP GRANTED A. If EOHHS finds that an undue hardship exists, the execution of the lien is delayed for as long as: 1. The undue hardship grantee is alive and residing in the property; and has income and assets not to exceed the amounts specified in this Part. 2. The undue hardship circumstances upon which the decision is based continue to exist; and 3. As long as the property is adequately maintained and continues to exist in its then current state. B. The circumstances of the hardship will be subject to review by EOHHS at least every two years; provided however, that the grantee must notify EOHHS of any material change in circumstances, income and/or assets.