CHAPTER 17. CLAIMS FOR BENEFITS
IC 22-4-17
Chapter 17. Claims for Benefits
IC 22-4-17-1
Rules; mass layoffs; extended benefits; posting
Sec. 1. (a) Claims for benefits shall be made in accordance withrules adopted by the department. The department shall adoptreasonable procedures consistent with the provisions of this articlefor the expediting of the taking of claims of individuals for benefitsin instances of mass layoffs by employers, the purpose of which shallbe to minimize the amount of time required for such individuals tofile claims upon becoming unemployed as the result of such masslayoffs.
(b) Except when the result would be inconsistent with the otherprovisions of this article, as provided in the rules of the department,the provisions of this article which apply to claims for, or thepayment of, regular benefits shall apply to claims for, and thepayment of, extended benefits.
(c) Whenever an extended benefit period is to become effectivein this state as a result of a state "on" indicator, or an extendedbenefit period is to be terminated in this state as a result of a state"off" indicator, the commissioner shall make an appropriate publicannouncement.
(d) Computations required by the provisions of IC 22-4-2-34(f)shall be made by the department in accordance with regulationsprescribed by the United States Department of Labor.
(e) Each employer shall display and maintain in places readilyaccessible to all employees posters concerning its regulations andshall make available to each such individual at the time theindividual becomes unemployed printed benefit rights informationfurnished by the department.
(Formerly: Acts 1947, c.208, s.1801; Acts 1957, c.147, s.1; Acts1971, P.L.355, SEC.41.) As amended by Acts 1982, P.L.95, SEC.6;P.L.18-1987, SEC.46; P.L.21-1995, SEC.85; P.L.108-2006, SEC.28;P.L.175-2009, SEC.26.
IC 22-4-17-2 Version a
Filing; determination of status; disputed claims; hearings;employer failure to provide information
Note: This version of section amended by P.L.110-2010, SEC.31.See also following version of this section amended by P.L.1-2010,SEC.88.
Sec. 2. (a) When an individual files an initial claim, thedepartment shall promptly make a determination of the individual'sstatus as an insured worker in a form prescribed by the department.A written notice of the determination of insured status shall befurnished to the individual promptly. Each such determination shallbe based on and include a written statement showing the amount ofwages paid to the individual for insured work by each employerduring the individual's base period and shall include a finding as to
whether such wages meet the requirements for the individual to bean insured worker, and, if so, the week ending date of the first weekof the individual's benefit period, the individual's weekly benefitamount, and the maximum amount of benefits that may be paid to theindividual for weeks of unemployment in the individual's benefitperiod. For the individual who is not insured, the notice shall includethe reason for the determination. Unless the individual, within ten(10) days after such determination was mailed to the individual's lastknown address, or otherwise delivered to the individual, asks ahearing thereon before an administrative law judge, suchdetermination shall be final and benefits shall be paid or denied inaccordance therewith.
(b) The department shall promptly furnish each employer in thebase period whose experience or reimbursable account is potentiallychargeable with benefits to be paid to such individual with a noticein writing of the employer's benefit liability. The notice shall containthe date, the name and Social Security account number of theindividual, the ending date of the individual's base period, and theweek ending date of the first week of the individual's benefit period.The notice shall further contain information as to the proportion ofbenefits chargeable to the employer's experience or reimbursableaccount in ratio to the earnings of such individual from suchemployer. Unless the employer within ten (10) days after such noticeof benefit liability was mailed to the employer's last known address,or otherwise delivered to the employer, asks a hearing thereon beforean administrative law judge, such determination shall be final andbenefits paid shall be charged in accordance therewith.
(c) An employing unit, including an employer, having knowledgeof any facts which may affect an individual's eligibility or right towaiting period credits or benefits, shall notify the department of suchfacts within ten (10) days after the mailing of notice that a formeremployee has filed an initial or additional claim for benefits on aform prescribed by the department.
(d) If, after the department determines that additional informationis necessary to make a determination under this chapter:
(1) the department makes a request in writing for additionalinformation from an employing unit, including an employer, ona form prescribed by the department; and
(2) the employing unit fails to respond within ten (10) days afterthe date the request is mailed to the employing unit;
the department shall make a decision with the information available.
(e) If:
(1) an employer appeals an original determination grantingbenefits to a claimant and the determination is reversed onappeal; and
(2) the decision to reverse the determination is at least in partbased on information that the department requested from theemployer under subsection (d), but which the employer failedto provide within ten (10) days after the department's requestwas mailed to the employer;the employer's experience account shall be charged an amount equalto fifty percent (50%) of the benefits paid to the employee to whichthe employee was not entitled and for which the employer'sexperience account may be charged.
(f) If:
(1) the employer's experience account is charged undersubsection (e); and
(2) the employee repays all or a part of the benefits on whichthe charge under subsection (e) is based;
the employer shall receive a credit to the employer's experienceaccount that is equal to the amount of the employee's repayment upto fifty percent (50%) of the amount charged to the employer'sexperience account under subsection (e).
(g) In addition to the foregoing determination of insured status bythe department, the deputy shall, throughout the benefit period,determine the claimant's eligibility with respect to each week forwhich the claimant claims waiting period credit or benefit rights, thevalidity of the claimant's claim therefor, and the cause for which theclaimant left the claimant's work, or may refer such claim to anadministrative law judge who shall make the initial determinationwith respect thereto in accordance with the procedure in section 3 ofthis chapter.
(h) In cases where the claimant's benefit eligibility ordisqualification is disputed, the department shall promptly notify theclaimant and the employer or employers directly involved orconnected with the issue raised as to the validity of such claim, theeligibility of the claimant for waiting period credit or benefits, or theimposition of a disqualification period or penalty, or the denialthereof, and of the cause for which the claimant left the claimant'swork, of such determination and the reasons thereof.
(i) Except as otherwise hereinafter provided in this sectionregarding parties located in Alaska, Hawaii, and Puerto Rico, unlessthe claimant or such employer, within ten (10) days after thenotification required by subsection (h), was mailed to the claimant'sor the employer's last known address or otherwise delivered to theclaimant or the employer, asks for a hearing before an administrativelaw judge thereon, such decision shall be final and benefits shall bepaid or denied in accordance therewith.
(j) For a notice of disputed administrative determination ordecision mailed or otherwise delivered to the claimant or employereither of whom is located in Alaska, Hawaii, or Puerto Rico, unlessthe claimant or employer, within fifteen (15) days after thenotification required by subsection (h), was mailed to the claimant'sor employer's last known address or otherwise delivered to theclaimant or employer, asks for a hearing before an administrative lawjudge thereon, such decision shall be final and benefits shall be paidor denied in accordance therewith.
(k) If a claimant or an employer requests a hearing undersubsection (i) or (j), the request therefor shall be filed with thedepartment in writing within the prescribed periods as above set forth
in this section and shall be in such form as the department mayprescribe. In the event a hearing is requested by an employer or thedepartment after it has been administratively determined that benefitsshould be allowed to a claimant, entitled benefits shall continue to bepaid to said claimant unless said administrative determination hasbeen reversed by a due process hearing. Benefits with respect to anyweek not in dispute shall be paid promptly regardless of any appeal.
(l) A person may not participate on behalf of the department inany case in which the person is an interested party.
(m) Solely on the ground of obvious administrative errorappearing on the face of an original determination, and within thebenefit year of the affected claims, the commissioner, or arepresentative authorized by the commissioner to act in thecommissioner's behalf, may reconsider and direct the deputy to revisethe original determination so as to correct the obvious errorappearing therein. Time for filing an appeal and requesting a hearingbefore an administrative law judge regarding the determinationshanded down pursuant to this subsection shall begin on the datefollowing the date of revision of the original determination and shallbe filed with the commissioner in writing within the prescribedperiods as above set forth in subsection (c).
(n) Notice to the employer and the claimant that the determinationof the department is final if a hearing is not requested shall beprominently displayed on the notice of the determination which issent to the employer and the claimant.
(o) If an allegation of the applicability of IC 22-4-15-1(c)(8) ismade by the individual at the time of the claim for benefits, thedepartment shall not notify the employer of the claimant's currentaddress or physical location.
(Formerly: Acts 1947, c.208, s.1802; Acts 1953, c.177, s.22; Acts1955, c.317, s.10; Acts 1965, c.190, s.11; Acts 1969, c.300, s.5; Acts1971, P.L.355, SEC.42; Acts 1972, P.L.174, SEC.2.) As amended byActs 1977, P.L.262, SEC.27; P.L.18-1987, SEC.47; P.L.135-1990,SEC.6; P.L.1-1991, SEC.152; P.L.21-1995, SEC.86; P.L.290-2001,SEC.10; P.L.189-2003, SEC.5; P.L.273-2003, SEC.5; P.L.97-2004,SEC.84; P.L.108-2006, SEC.29; P.L.175-2009, SEC.27;P.L.110-2010, SEC.31.
IC 22-4-17-2 Version b
Filing; unemployment claims compliance center; determination ofstatus; disputed claims; hearings; employer's failure to provideinformation
Note: This version of section amended by P.L.1-2010, SEC.88.See also preceding version of this section amended by P.L.110-2010,SEC.31.
Sec. 2. (a) When an individual files an initial claim, thedepartment shall promptly follow the procedure described insubsections (b) through (e) to make a determination of theindividual's status as an insured worker in a form prescribed by thedepartment. A written notice of the determination of insured status
shall be furnished to the individual promptly. The notice mustinclude the time by which the employer is required to respond to thedepartment's notice of the individual's claim, and completeinformation about the rules of evidence and standards of proof thatthe department will apply to determine the validity of the individual'sclaim, if the employer disputes the claim. Each such determinationshall be based on and include a written statement showing theamount of wages paid to the individual for insured work by eachemployer during the individual's base period and shall include afinding as to whether such wages meet the requirements for theindividual to be an insured worker, and, if so, the week ending dateof the first week of the individual's benefit period, the individual'sweekly benefit amount, and the maximum amount of benefits thatmay be paid to the individual for weeks of unemployment in theindividual's benefit period. For the individual who is not insured, thenotice shall include the reason for the determination. Unless theindividual, within ten (10) days after such determination was mailedto the individual's last known address, or otherwise delivered to theindividual, asks a hearing thereon before an administrative law judge,such determination shall be final and benefits shall be paid or deniedin accordance therewith.
(b) Not later than January 1, 2010, the department shall establishan unemployment claims compliance center. When an individualfiles an initial claim after the unemployment claims compliancecenter is established, the department, before making a determinationthat the individual is eligible for benefits, shall compare theinformation provided by the individual making the claim withinformation from the separating employer concerning the individual'seligibility for benefits. If the information provided by the individualmaking the claim does not match the information from the separatingemployer, the department may not pay the individual benefits andshall refer the individual's claim to the department's unemploymentclaims compliance center for investigation. The department shallprovide a written notice to the individual who filed the claim that theindividual's claim is being referred to the unemployment claimscompliance center, including the reason for the referral.
(c) After receiving a claim from the department, theunemployment claims compliance center shall contact the separatingemployer that provided information that does not match informationprovided by the individual making the claim to obtain informationabout the claim that is accurate and sufficient for the department todetermine whether the individual is eligible for benefits. The centershall also obtain from the employer the name and address of a personto receive without delay notices served on the employer concerningthe claim.
(d) Except as provided in subsection (e), the department may notpay the individual benefits under this article as long as thediscrepancy between the information provided by the individual andthe information provided by the individual's separating employer isunresolved. If the information provided by an individual and the
information provided by the individual's separating employer doesnot match, the department shall notify both the separating employerand the individual that they have forty-eight (48) hours to resolve thediscrepancy. If the discrepancy is not resolved at the end of theforty-eighth hour, the department shall use the information providedby the employer to determine the individual's eligibility for benefits.
(e) If the employer does not respond to the inquiry from theunemployment claims compliance center within five (5) days afterthe date of the inquiry, the center shall report to the department thatthe employer has not responded, and the department shall use theinformation provided by the individual to determine the individual'seligibility for benefits.
(f) After the department makes a determination concerning theindividual's eligibility for benefits, the department shall promptlyfurnish each employer in the base period whose experience orreimbursable account is potentially chargeable with benefits to bepaid to such individual with a notice in writing of the employer'sbenefit liability. The notice shall contain the date, the name andSocial Security account number of the individual, the ending date ofthe individual's base period, the week ending date of the first weekof the individual's benefit period, the time by which the employer isrequired to respond to the notice, and complete information about therules of evidence and standards of proof that the department willapply to determine the validity of a claim, if an employer disputes theclaim. The notice shall further contain information as to theproportion of benefits chargeable to the employer's experience orreimbursable account in ratio to the earnings of such individual fromsuch employer. Unless the employer within ten (10) days after suchnotice of benefit liability was mailed to the employer's last knownaddress, or otherwise delivered to the employer, asks a hearingthereon before an administrative law judge, such determination shallbe final and benefits paid shall be charged in accordance therewith.
(g) An employing unit, including an employer, having knowledgeof any facts which may affect an individual's eligibility or right towaiting period credits or benefits, shall notify the department of suchfacts within ten (10) days after the mailing of notice that a formeremployee has filed an initial or additional claim for benefits on aform prescribed by the department.
(h) If, after the department determines that additional informationis necessary to make a determination under this chapter:
(1) the department makes a request in writing for additionalinformation from an employing unit, including an employer, ona form prescribed by the department; and
(2) the employing unit fails to respond within ten (10) days afterthe date the request is delivered to the employing unit;
the department shall make the determination with the informationavailable.
(i) If:
(1) an employer subsequently obtains a determination by thedepartment that the employee is not eligible for benefits; and (2) the determination is at least in part based on informationthat the department requested from the employer undersubsection (h), but which the employer failed to provide withinten (10) days after the department's request was delivered to theemployer;
the employer's experience account shall be charged an amount equalto fifty percent (50%) of the benefits paid to the employee to whichthe employee was not entitled.
(j) If:
(1) the employer's experience account is charged undersubsection (i); and
(2) the employee repays all or a part of the benefits on whichthe charge under subsection (i) is based;
the employer shall receive a credit to the employer's experienceaccount that is equal to the amount of the employee's repayment upto the amount charged to the employer's experience account undersubsection (i).
(k) In addition to the foregoing determination of insured status bythe department, the deputy shall, throughout the benefit period,determine the claimant's eligibility with respect to each week forwhich the claimant claims waiting period credit or benefit rights, thevalidity of the claimant's claim therefor, and the cause for which theclaimant left the claimant's work, or may refer such claim to anadministrative law judge who shall make the initial determinationwith respect thereto in accordance with the procedure in section 3 ofthis chapter.
(l) In cases where the claimant's benefit eligibility ordisqualification is disputed, the department shall promptly notify theclaimant and the employer or employers directly involved orconnected with the issue raised as to the validity of such claim, theeligibility of the claimant for waiting period credit or benefits, or theimposition of a disqualification period or penalty, or the denialthereof, and of the cause for which the claimant left the claimant'swork, of such determination and the reasons thereof.
(m) Except as otherwise hereinafter provided in this sectionregarding parties located in Alaska, Hawaii, and Puerto Rico, unlessthe claimant or such employer, within ten (10) days after thenotification required by subsection (l) was mailed to the claimant'sor the employer's last known address or otherwise delivered to theclaimant or the employer, asks for a hearing before an administrativelaw judge thereon, such decision shall be final and benefits shall bepaid or denied in accordance therewith.
(n) For a notice of disputed administrative determination ordecision mailed or otherwise delivered to the claimant or employereither of whom is located in Alaska, Hawaii, or Puerto Rico, unlessthe claimant or employer, within fifteen (15) days after thenotification required by subsection (l) was mailed to the claimant'sor employer's last known address or otherwise delivered to theclaimant or employer, asks for a hearing before an administrative lawjudge thereon, such decision shall be final and benefits shall be paid
or denied in accordance therewith.
(o) If a claimant or an employer requests a hearing undersubsection (m) or (n), the request therefor shall be filed with thedepartment in writing within the prescribed periods as above set forthin this section and shall be in such form as the department mayprescribe. In the event a hearing is requested by an employer or thedepartment after it has been administratively determined that benefitsshould be allowed to a claimant, entitled benefits shall continue to bepaid to said claimant unless said administrative determination hasbeen reversed by a due process hearing. Benefits with respect to anyweek not in dispute shall be paid promptly regardless of any appeal.
(p) A person may not participate on behalf of the department inany case in which the person is an interested party.
(q) Solely on the ground of obvious administrative error appearingon the face of an original determination, and within the benefit yearof the affected claims, the commissioner, or a representativeauthorized by the commissioner to act in the commissioner's behalf,may reconsider and direct the deputy to revise the originaldetermination so as to correct the obvious error appearing therein.Time for filing an appeal and requesting a hearing before anadministrative law judge regarding the determinations handed downpursuant to this subsection shall begin on the date following the dateof revision of the original determination and shall be filed with thecommissioner in writing within the prescribed periods as above setforth in subsection (g).
(r) Notice to the employer and the claimant that the determinationof the department is final if a hearing is not requested shall beprominently displayed on the notice of the determination which issent to the employer and the claimant.
(s) If an allegation of the applicability of IC 22-4-15-1(c)(8) ismade by the individual at the time of the claim for benefits, thedepartment shall not notify the employer of the claimant's currentaddress or physical location.
(Formerly: Acts 1947, c.208, s.1802; Acts 1953, c.177, s.22; Acts1955, c.317, s.10; Acts 1965, c.190, s.11; Acts 1969, c.300, s.5; Acts1971, P.L.355, SEC.42; Acts 1972, P.L.174, SEC.2.) As amended byActs 1977, P.L.262, SEC.27; P.L.18-1987, SEC.47; P.L.135-1990,SEC.6; P.L.1-1991, SEC.152; P.L.21-1995, SEC.86; P.L.290-2001,SEC.10; P.L.189-2003, SEC.5; P.L.273-2003, SEC.5; P.L.97-2004,SEC.84; P.L.108-2006, SEC.29; P.L.175-2009, SEC.27; P.L.1-2010,SEC.88.
IC 22-4-17-2.5
Filing; income taxes
Sec. 2.5. (a) When an individual files an initial claim, theindividual shall be advised of the following:
(1) Unemployment compensation is subject to federal, state, andlocal income taxes.
(2) Requirements exist concerning estimated tax payments.
(3) After December 31, 1996, the individual may elect to have
income taxes withheld from the individual's payment ofunemployment compensation. If an election is made, thedepartment shall withhold federal income tax at the applicablerate provided in the Internal Revenue Code.
(4) An individual is allowed to change an election made underthis section.
(b) Money withheld from unemployment compensation under thissection shall remain in the unemployment fund until transferred tothe federal taxing authority for payment of income taxes.
(c) The commissioner shall follow all procedures of the UnitedStates Department of Labor and the Internal Revenue Serviceconcerning the withholding of income taxes.
(d) Money shall be deducted and withheld in accordance with thepriorities established in regulations developed by the commissioner.
As added by P.L.166-1996, SEC.4. Amended by P.L.3-2008,SEC.159.
IC 22-4-17-3
Administrative appeal; disputed claims
Sec. 3. (a) Unless such request for hearing is withdrawn, anadministrative law judge, after providing the notice required undersection 6 of this chapter and affording the parties a reasonableopportunity for fair hearing, shall affirm, modify, or reverse thefindings of fact and decision of the deputy.
(b) The parties shall be duly notified of the decision made undersubsection (a) and the reasons therefor, which shall be deemed to bethe final decision of the review board, unless within fifteen (15) daysafter the date of notification or mailing of such decision, an appealis taken by the commissioner or by any party adversely affected bysuch decision to the review board.
(Formerly: Acts 1947, c.208, s.1803; Acts 1957, c.299, s.4.) Asamended by P.L.18-1987, SEC.48; P.L.135-1990, SEC.7;P.L.21-1995, SEC.87; P.L.175-2009, SEC.28.
IC 22-4-17-4
Administrative law judges; training; discipline; disputed claims;hearings
Sec. 4. (a) The department shall employ one (1) or moreadministrative law judges to hear and decide disputed claims.Administrative law judges employed under this section are notsubject to IC 4-21.5 or any other statute regulating administrative lawjudges, unless specifically provided.
(b) The department shall provide at least annually to alladministrative law judges, review board members, and otherindividuals who adjudicate claims training concerning:
(1) unemployment compensation law;
(2) rules for the conduct of hearings and appeals; and
(3) rules of conduct for administrative law judges, review boardmembers, and other individuals who adjudicate claims duringa hearing or other adjudicative process. (c) The department regularly shall monitor the hearings anddecisions of its administrative law judges, review board members,and other individuals who adjudicate claims to ensure that thehearings and decisions strictly comply with the law and the rulesdescribed in subsection (b).
(d) An individual who does not strictly comply with the law andthe rules described in subsection (b), including the rules of conductfor administrative law judges, review board members, and otherindividuals who adjudicate claims during a hearing or otheradjudicative process, is subject to disciplinary action by thedepartment, up to and including suspension from or termination ofemployment.
(Formerly: Acts 1947, c.208, s.1804.) As amended by P.L.18-1987,SEC.49; P.L.135-1990, SEC.8; P.L.21-1995, SEC.88; P.L.290-2001,SEC.11; P.L.108-2006, SEC.30; P.L.175-2009, SEC.29.
IC 22-4-17-5
Review board; appointments; hearings
Sec. 5. (a) The governor shall appoint a review board composedof three (3) members, not more than two (2) of whom shall bemembers of the same political party, with salaries to be fixed by thegovernor. The review board shall consist of the chairman and the two(2) members who shall serve for terms of three (3) years. At least one(1) member must be admitted to the practice of law in Indiana.
(b) Any claim pending before an administrative law judge, and allproceedings therein, may be transferred to and determined by thereview board upon its own motion, at any time before theadministrative law judge announces a decision. Any claim pendingbefore either an administrative law judge or the review board may betransferred to the board for determination at the direction of theboard. If the review board considers it advisable to procureadditional evidence, it may direct the taking of additional evidencewithin a time period it shall fix. An employer that is a party to aclaim transferred to the review board or the board under thissubsection is entitled to receive notice in accordance with section 6of this chapter of the transfer or any other action to be taken underthis section before a determination is made or other actionconcerning the claim is taken.
(c) Any proceeding so removed to the review board shall be heardby a quorum of the review board in accordance with the requirementsof section 3 of this chapter. The review board shall notify the partiesto any claim of its decision, together with its reasons for the decision.
(d) Members of the review board, when acting as administrativelaw judges, are subject to section 15 of this chapter.
(e) The review board may on the board's own motion affirm,modify, set aside, remand, or reverse the findings, conclusions, ororders of an administrative law judge on the basis of any of thefollowing:
(1) Evidence previously submitted to the administrative lawjudge. (2) The record of the proceeding after the taking of additionalevidence as directed by the review board.
(3) A procedural error by the administrative law judge.
(Formerly: Acts 1947, c.208, s.1805; Acts 1965, c.190, s.12.) Asamended by P.L.34-1985, SEC.7; P.L.135-1990, SEC.9;P.L.173-1991, SEC.1; P.L.175-2009, SEC.30.
IC 22-4-17-6
Disputed claims; conduct of hearings and appeals
Sec. 6. (a) The manner in which disputed claims shall bepresented and the conduct of hearings and appeals, including theconduct of administrative law judges, review board members, andother individuals who adjudicate claims during a hearing or otheradjudicative process, shall be in accordance with rules adopted bythe department for determining the rights of the parties, whether ornot the rules conform to common law or statutory rules of evidenceand other technical rules of procedure.
(b) A full and complete record shall be kept of all proceedings inconnection with a disputed claim. The testimony at any hearing upona disputed claim need not be transcribed unless the disputed claim isfurther appealed.
(c) Each party to a hearing before an administrative law judgeheld under section 3 of this chapter shall be mailed a notice of thehearing at least ten (10) days before the date of the hearingspecifying the date, place, and time of the hearing, identifying theissues to be decided, and providing complete information about therules of evidence and standards of proof that the administrative lawjudge will use to determine the validity of the claim.
(d) If a hearing so scheduled has not commenced within at leastsixty (60) minutes of the time for which it was scheduled, then aparty involved in the hearing may request a continuance of thehearing. Upon submission of a request for continuance of a hearingunder circumstances provided in this section, the continuance shallbe granted unless the party requesting the continuance wasresponsible for the delay in the commencement of the hearing asoriginally scheduled. In the latter instance, the continuance shall bediscretionary with the administrative law judge. Testimony or otherevidence introduced by a party at a hearing before an administrativelaw judge or the review board that another party to the hearing:
(1) is not prepared to meet; and
(2) by ordinary prudence could not be expected to haveanticipated;
shall be good cause for continuance of the hearing and upon motionsuch continuance shall be granted.
(Formerly: Acts 1947, c.208, s.1806; Acts 1963, c.208, s.1.) Asamended by P.L.144-1986, SEC.105; P.L.219-1989, SEC.1;P.L.135-1990, SEC.10; P.L.108-2006, SEC.31; P.L.175-2009,SEC.31.
IC 22-4-17-7 Disputed claims; hearings; subpoenas; production of books andpapers
Sec. 7. In the discharge of the duties imposed by this article, anymember of the board, the department, the review board, or anadministrative law judge, or any duly authorized representative ofany of them, shall have power to administer oaths and affirmations,take depositions, certify to official acts, and issue and servesubpoenas to compel the attendance of witnesses and the productionof books, papers, correspondence, memoranda, and other recordsdeemed necessary as evidence in connection with the disputed claimor the administration of this article.
(Formerly: Acts 1947, c.208, s.1807.) As amended by P.L.144-1986,SEC.106; P.L.135-1990, SEC.11; P.L.108-2006, SEC.32.
IC 22-4-17-8
Disputed claims; subpoenas; contempt
Sec. 8. In case of contumacy by, or refusal to obey a subpoenaissued to, any person in the administration of this article, any courtof this state within the jurisdiction of which the inquiry is carried onor within the jurisdiction of which said person guilty of contumacyor refusal to obey is found or resides or transacts business, uponapplication by the board, the department, or the review board or aduly authorized representative of any of these, shall have jurisdictionto issue to such person an order requiring such person to appearbefore the board, the department, the review board, an administrativelaw judge, or the duly authorized representative of any of these, thereto produce evidence if so ordered, or there to give testimony touchingthe matter in question or under investigation. Any failure to obeysuch order of the court may be punished by said court as a contemptthereof.
(Formerly: Acts 1947, c.208, s.1808.) As amended by P.L.135-1990,SEC.12; P.L.108-2006, SEC.33.
IC 22-4-17-8.5
Disputed claims; hearing by telephone
Sec. 8.5. (a) As used in this section, "interested party" has themeaning set forth in 646 IAC 3-12-1.
(b) An administrative law judge or the review board may hold ahearing under this chapter by telephone if any of the followingconditions exist:
(1) The claimant or the employer is not located in Indiana.
(2) An interested party requests without an objection being filedas provided in 646 IAC 3-12-21 that the hearing be held bytelephone.
(3) An interested party cannot appear in person because of anillness or injury to the party.
(4) In the case of a hearing before an administrative law judge,the administrative law judge determines without any interestedparty filing an objection as provided in 646 IAC 3-12-21 that ahearing by telephone is proper and just. (5) In the case of a hearing before the review board, the issue tobe adjudicated does not require both parties to be present.
(6) In the case of a hearing before the review board, the reviewboard has determined that a hearing by telephone is proper andjust.
As added by P.L.173-1991, SEC.2. Amended by P.L.108-2006,SEC.34.
IC 22-4-17-9
Disputed claims; self-incrimination; privileges and immunities
Sec. 9. No person shall be excused from attending and testifyingor from producing books, papers, correspondence, memoranda, andother records before the board, the department, the review board, anadministrative law judge, or the duly authorized representative of anyof them in obedience to the subpoena of any of them in any cause orproceeding before any of them on the ground that the testimony orevidence, documentary or otherwise, required of the person may tendto incriminate the person or subject the person to a penalty orforfeiture, but no individual shall be prosecuted or subjected to anypenalty or forfeiture for or on account of any transaction, matter, orthing concerning which the person is compelled after having claimedthe privilege against self-incrimination to testify or produceevidence, documentary or otherwise, except that such individual sotestifying shall not be exempt from prosecution and punishment forperjury committed in so testifying. Any testimony or evidencesubmitted in due course before the board, the department, the reviewboard, an administrative law judge, or any duly authorizedrepresentative of any of them shall be deemed a communicationpresumptively privileged with respect to any civil action exceptactions to enforce the provisions of this article.
(Formerly: Acts 1947, c.208, s.1809.) As amended by P.L.144-1986,SEC.107; P.L.135-1990, SEC.13; P.L.108-2006, SEC.35.
IC 22-4-17-10
Repealed
(Repealed by P.L.175-2009, SEC.48.)
IC 22-4-17-11
Disputed claims; appeal; notice; stay of proceedings
Sec. 11. (a) Any decision of the review board, in the absence ofappeal as provided in this section, shall become final fifteen (15)days after the date the decision is mailed to the interested parties.The review board shall mail with the decision a notice informing theinterested parties of their right to appeal the decision to the court ofappeals of Indiana. The notice shall inform the parties that they havefifteen (15) days from the date of mailing within which to file anotice of intention to appeal, and that in order to perfect the appealthey must request the preparation of a transcript in accordance withsection 12 of this chapter.
(b) If the commissioner or any party adversely affected by the
decision files with the review board a notice of an intention to appealthe decision, that action shall stay all further proceedings under or byvirtue of the review board decision for a period of thirty (30) daysfrom the date of the filing of the notice, and, if the appeal isperfected, further proceedings shall be further stayed pending thefinal determination of the appeal. However, if an appeal from thedecision of the review board is not perfected within the timeprovided for by this chapter, no action or proceeding shall be furtherstayed.
(Formerly: Acts 1947, c.208, s.1811; Acts 1957, c.299, s.5.) Asamended by P.L.34-1985, SEC.8; P.L.21-1995, SEC.89.
IC 22-4-17-12
Disputed claims; appeal; errors of law; parties; transcript;expenses; assignment; disposition; findings of fact or conclusions
Sec. 12. (a) Any decision of the review board shall be conclusiveand binding as to all questions of fact. Either party to the dispute orthe commissioner may, within thirty (30) days after notice ofintention to appeal as provided in this section, appeal the decision tothe court of appeals of Indiana for errors of law under the same termsand conditions as govern appeals in ordinary civil actions.
(b) In every appeal the review board shall be made a partyappellee, and the review board shall, at the written request of theappellant and after payment of the uniform average fee required insubsection (c) is made, prepare a transcript of all the proceedings hadbefore the administrative law judge and review board, which shallcontain a transcript of all the testimony, together with all objectionsand rulings thereon, documents and papers introduced into evidenceor offered as evidence, and all rulings as to their admission intoevidence. The transcript shall be certified by the chairman of thereview board and shall constitute the record upon appeal.
(c) All expenses incurred in the preparation of the transcript shallbe charged to the appellant. The fee for a transcript shall be theactual cost of preparation that may include the cost of materials,reproduction, postage, handling, and hours of service rendered by thepreparer. The commissioner shall establish a uniform average fee tobe paid by the appellant before the transcript is prepared. After thetranscript is completed, the actual cost shall be determined and theappellant shall either pay the amount remaining above the uniformaverage fee or be refunded the amount the uniform average feeexceeds the actual cost of preparation. The commissioner shallestablish the procedure by which transcript fees are determined andpaid.
(d) Notwithstanding subsections (b) and (c), the appellant mayrequest that a transcript of all proceedings had before theadministrative law judge and review board be prepared at no cost tothe appellant by filing with the review board, under oath and inwriting, a statement:
(1) declaring that the appellant is unable to pay for thepreparation of the transcript because of the appellant's poverty; (2) setting forth the facts that render the appellant unable to payfor the preparation of the transcript; and
(3) declaring that the appellant is entitled to redress on appeal.
Upon finding that the appellant is unable to pay for the preparationof the transcript because of the appellant's poverty, the review boardshall prepare a transcript at no cost to the appellant.
(e) The review board may, upon its own motion, or at the requestof either party upon a showing of sufficient reason, extend the limitwithin which the appeal shall be taken, not to exceed fifteen (15)days. In every case in which an extension is granted, the extensionshall appear in the record of the proceeding filed in the court ofappeals.
(f) The appellant shall attach to the transcript an assignment oferrors. An assignment of errors that the decision of the review boardis contrary to law shall be sufficient to present both the sufficiencyof the facts found to sustain the decision and the sufficiency of theevidence to sustain the findings of facts. In any appeal under thissection, no bond shall be required for entering the appeal.
(g) All appeals shall be considered as submitted upon the datefiled in the court of appeals, shall be advanced upon the docket of thecourt, and shall be determined without delay in the order of priority.Upon the final determination of the appeal, the review board shallenter an order in accordance with the determination, and the decisionshall be final. The court of appeals may in any appeal remand theproceeding to the review board for the taking of additional evidence,setting time limits therefor, and ordering the additional evidence tobe certified by the review board to the court of appeals to be used inthe determination of the cause.
(h) Any finding of fact, judgment, conclusion, or final order madeby a person with the authority to make findings of fact or law in anaction or proceeding under this article is not conclusive or bindingand shall not be used as evidence in a separate or subsequent actionor proceeding between an individual and the individual's present orprior employer in an action or proceeding brought before anarbitrator, a court, or a judge of this state or the United Statesregardless of whether the prior action was between the same orrelated parties or involved the same facts.
(Formerly: Acts 1947, c.208, s.1812; Acts 1957, c.299, s.6.) Asamended by P.L.34-1985, SEC.9; P.L.20-1986, SEC.11;P.L.18-1987, SEC.50; P.L.135-1990, SEC.14; P.L.21-1995, SEC.90.
IC 22-4-17-13
Disputed claims; certifying questions of law; priorities
Sec. 13. The review board, on its own motion, may certifyquestions of law to the supreme court or the court of appeals for adecision and determination. All such certified questions of law shallbe considered submitted upon the date filed in the supreme court orthe court of appeals and shall be advanced upon the docket of thecourt to be determined without delay in the order of priority.
(Formerly: Acts 1947, c.208, s.1813.) As amended by P.L.3-1989,
SEC.134.
IC 22-4-17-14
Notices
Sec. 14. (a) This section applies to notices given under sections 2,3, 11, and 12 of this chapter. This section does not apply to rulesadopted by the board or the department, unless specifically provided.
(b) As used in this section, "notices" includes mailings of notices,determinations, decisions, orders, motions, or the filing of anydocument with the appellate division or review board.
(c) If a notice is served through the United States mail, three (3)days must be added to a period that commences upon service of thatnotice.
(d) The filing of a document with the appellate division or reviewboard is complete on the earliest of the following dates that apply tothe filing:
(1) The date on which the document is delivered to the appellatedivision or review board.
(2) The date of the postmark on the envelope containing thedocument if the document is mailed to the appellate division orreview board by the United States Postal Service.
(3) The date on which the document is deposited with a privatecarrier, as shown by a receipt issued by the carrier, if thedocument is sent to the appellate division or review board by aprivate carrier.
As added by P.L.135-1990, SEC.15. Amended by P.L.173-1991,SEC.3; P.L.108-2006, SEC.36.
IC 22-4-17-15
Impartial administrative law judge
Sec. 15. (a) An administrative law judge may not preside over orotherwise participate in the hearing or disposition of an appeal inwhich the judge's impartiality might reasonably be questioned,including instances where the judge:
(1) has:
(A) personal bias or prejudice concerning a party; or
(B) personal knowledge of disputed evidentiary factsconcerning the appeal;
(2) has served as a lawyer in the matter in controversy; or
(3) knows that the judge has any direct or indirect financial orother interest in the subject matter of an appeal or in a party tothe appeal.
(b) Disqualification of an administrative law judge shall be inaccordance with the rules adopted by the Indiana unemploymentinsurance board.
(c) This subsection does not apply to the disposition of ex partematters specifically authorized by statute or rule. An administrativelaw judge may not communicate, directly or indirectly, regarding anysubstantive issue in the appeal while the appeal is pending, with anyparty to the appeal, or with any individual who has a direct or
indirect interest in the outcome of the appeal, without notice andopportunity for all parties to participate in the communication.
As added by P.L.135-1990, SEC.16.