IC 22-4-18
    Chapter 18. Department of Workforce Development; IndianaUnemployment Insurance Board

IC 22-4-18-1
Creation of department; powers and duties
    Sec. 1. (a) There is created a department under IC 22-4.1-2-1which shall be known as the department of workforce development.
    (b) The department of workforce development may:
        (1) Administer the unemployment insurance program, theWagner-Peyser program, the Workforce Investment Act, a freepublic labor exchange, and related federal and stateemployment and training programs as directed by the governor.
        (2) Formulate and implement an employment and training planas required by the Workforce Investment Act (29 U.S.C. 2801et seq.), including reauthorizations of the Act, and theWagner-Peyser Act (29 U.S.C. 49 et seq.).
        (3) Coordinate activities with all state agencies and departmentsthat either provide employment and training related services oroperate appropriate resources or facilities, to maximizeIndiana's efforts to provide employment opportunities foreconomically disadvantaged individuals, dislocated workers,and others with substantial barriers to employment.
        (4) Apply for, receive, disburse, allocate, and account for allfunds, grants, gifts, and contributions of money, property, labor,and other things of value from public and private sources,including grants from agencies and instrumentalities of the stateand the federal government.
        (5) Enter into agreements with the United States governmentthat may be required as a condition of obtaining federal fundsrelated to activities of the department.
        (6) Enter into contracts or agreements and cooperate with localgovernmental units or corporations, including profit ornonprofit corporations, or combinations of units andcorporations to carry out the duties of the department imposedby this chapter, including contracts for the establishment andadministration of employment and training offices and thedelegation of the department's administrative, monitoring, andprogram responsibilities and duties set forth in this article.
        (7) Perform other services and activities that are specified incontracts for payments or reimbursement of the costs made withthe Secretary of Labor, any federal, state, or local public agencyor administrative entity, or a private for-profit or nonprofitorganization under the Workforce Investment Act (29 U.S.C.2801 et seq.), including reauthorizations of the Act.
        (8) Enter into contracts or agreements and cooperate withentities that provide career and technical education to carry outthe duties imposed by this chapter.
    (c) The payment of unemployment insurance benefits must bemade in accordance with 26 U.S.C. 3304.    (d) The department of workforce development may do all acts andthings necessary or proper to carry out the powers expressly grantedunder this article, including the adoption of rules under IC 4-22-2.
    (e) The department of workforce development may not charge anyclaimant for benefits for providing services under this article, exceptas provided in IC 22-4-17-12.
    (f) The department of workforce development shall distributefederal funds made available for employment training in accordancewith:
        (1) 29 U.S.C. 2801 et seq., including reauthorizations of theAct, and other applicable federal laws; and
        (2) the plan prepared by the department under subsection (g)(1).
    (g) In addition to the duties prescribed in subsections (a) through(f), the department of workforce development shall do the following:
        (1) Implement to the best of its ability its employment trainingprograms and the comprehensive career and technical educationprogram in Indiana developed under the long range plan underIC 22-4.1-13.
        (2) Upon request of the budget director, prepare a legislativebudget request for state and federal funds for employmenttraining. The budget director shall determine the period to becovered by the budget request.
        (3) Evaluate its programs according to criteria established bythe Indiana commission for career and technical educationwithin the department of workforce development underIC 22-4.1-13.
        (4) Make or cause to be made studies of the needs for varioustypes of programs that are related to employment training andauthorized under the Workforce Investment Act, includingreauthorizations of the Act.
        (5) Distribute state funds made available for employmenttraining that have been appropriated by the general assembly inaccordance with:
            (A) the general assembly appropriation; and
            (B) the plan prepared by the department under subdivision(1).
        (6) Establish, implement, and maintain a training program in thenature and dynamics of domestic and family violence fortraining of all employees of the department who interact with aclaimant for benefits to determine whether the claim of theindividual for unemployment benefits is valid and to determinethat employment separations stemming from domestic or familyviolence are reliably screened, identified, and adjudicated andthat victims of domestic or family violence are able to takeadvantage of the full range of job services provided by thedepartment. The training presenters shall include domesticviolence experts with expertise in the delivery of direct servicesto victims of domestic violence, including using the staff ofshelters for battered women in the presentation of the training.The initial training shall consist of instruction of not less than

six (6) hours. Refresher training shall be required annually andshall consist of instruction of not less than three (3) hours.
(Formerly: Acts 1947, c.208, s.1901.) As amended by P.L.18-1987,SEC.51; P.L.220-1989, SEC.1; P.L.21-1995, SEC.91; P.L.290-2001,SEC.12; P.L.189-2003, SEC.6; P.L.1-2005, SEC.184; P.L.161-2006,SEC.5; P.L.234-2007, SEC.141.

IC 22-4-18-1.5
Repealed
    (Repealed by P.L.38-1993, SEC.61.)

IC 22-4-18-2
Unemployment insurance board; duties; membership; term ofoffice; compensation; traveling expenses; meetings
    Sec. 2. (a) The Indiana unemployment insurance board is created.The board is responsible for the oversight of the unemploymentinsurance program. The board shall report annually to the governoron the status of unemployment insurance together withrecommendations for maintaining the solvency of the unemploymentinsurance benefit fund. The department staff shall provide support tothe board. The unemployment insurance board shall consist of nine(9) members, who shall be appointed by the governor, as follows:
        (1) Four (4) members shall be appointed as representatives oflabor and its interests.
        (2) One (1) member shall be appointed as a representative of thestate and its interest and of the public at large.
        (3) Two (2) members shall be appointed as representatives ofthe large employers of the state.
        (4) Two (2) members shall be appointed as representatives ofthe independent merchants and small employers of the state.
All appointments shall be made for terms of four (4) years. Allappointments to full terms or to fill vacancies shall be made so thatall terms end on March 31.
    (b) Every Indiana unemployment insurance board member soappointed shall serve until a successor shall have been appointed andqualified. Before entering upon the discharge of official duties, eachmember of the board shall take and subscribe to an oath of office,which shall be filed in the office of the secretary of state. Anyvacancy occurring in the membership of the board for any cause shallbe filled by appointment by the governor for the unexpired term. Thegovernor may, at any time, remove any member of the board formisconduct, incapacity, or neglect of duty. Each member of the boardshall be entitled to receive as compensation for the member's servicesthe sum of one hundred dollars ($100) per month for each and everymonth which the member devotes to the actual performance of themember's duties, as prescribed in this article, but the total amount ofsuch compensation shall not exceed the sum of twelve hundreddollars ($1,200) per year. In addition to the compensationhereinbefore prescribed, each member of the board shall be entitledto receive the amount of traveling and other necessary expenses

actually incurred while engaged in the performance of official duties.
    (c) The board may hold one (1) regular meeting each month andsuch called meetings as may be deemed necessary by thecommissioner or the board. The April meeting shall be known as theannual meeting. Five (5) members of the board constitute a quorumfor the transaction of business. At its first meeting and at each annualmeeting held thereafter, the board shall organize by the election ofa president and vice president from its own number, each of whom,except those first elected, shall serve for a term of one (1) year anduntil a successor is elected.
(Formerly: Acts 1947, c.208, s.1902; Acts 1971, P.L.355, SEC.43.)As amended by P.L.18-1987, SEC.53; P.L.21-1995, SEC.92;P.L.108-2006, SEC.37.

IC 22-4-18-3
Repealed
    (Repealed by P.L.105-1994, SEC.6.)

IC 22-4-18-4
Administration of programs
    Sec. 4. The department of workforce development establishedunder IC 22-4.1-2-1 shall administer job training and placementservices and unemployment insurance.
(Formerly: Acts 1947, c.208, s.1904; Acts 1955, c.317, s.11.) Asamended by P.L.144-1986, SEC.109; P.L.18-1987, SEC.55;P.L.21-1995, SEC.93; P.L.290-2001, SEC.13; P.L.175-2009,SEC.32.

IC 22-4-18-4.2
Requirement that administrative law judges be licensed attorneys
    Sec. 4.2. Each administrative law judge employed or used by thedepartment of workforce development must be an attorney who islicensed to practice law in Indiana.
As added by P.L.110-2010, SEC.32.

IC 22-4-18-4.5
Annual report of claims involving domestic or family violence
    Sec. 4.5. (a) Before March 1 of each year, the department shalldetermine the number of claims filed, the number of individualsentitled to receive unemployment benefits under this article, and theamount of benefits charged to the fund for those individuals whoqualified for benefits due to:
        (1) discharge; or
        (2) leaving employment;
for circumstances resulting from domestic or family violence.
    (b) The department shall submit its determination from the priorcalendar year to the legislative council before June 30 of each year.
As added by P.L.189-2003, SEC.7.

IC 22-4-18-5 Repealed
    (Repealed by P.L.2-1995, SEC.140.)

IC 22-4-18-6
Workforce skills, strengths, and weaknesses; uniform assessmentsystem
    Sec. 6. (a) The department shall develop a uniform system forassessing workforce skills, strengths, and weaknesses in individuals.
    (b) The uniform assessment system shall be used at the following:
        (1) One stop centers under IC 22-4-42, if established.
        (2) Career and technical education (as defined inIC 22-4.1-13-5) programs at the secondary level.
As added by P.L.19-1992, SEC.51. Amended by P.L.5-1995, SEC.36;P.L.21-1995, SEC.95; P.L.1-2005, SEC.185; P.L.127-2005, SEC.28;P.L.161-2006, SEC.6; P.L.234-2007, SEC.142.

IC 22-4-18-7
Training projects
    Sec. 7. (a) The department annually shall prepare a written reportof its training activities and the training activities of the variousworkforce investment boards during the immediately preceding statefiscal year. The department's annual report for a particular state fiscalyear must include information for each training project for whicheither the department or a workforce development board providedany funding during that state fiscal year. At a minimum, thefollowing information must be provided for such a training project:
        (1) A description of the training project, including the name andaddress of the training provider.
        (2) The amount of funding that either the department or aworkforce investment board provided for the project and anindication of which entity provided the funding.
        (3) The number of trainees who participated in the project.
        (4) Demographic information about the trainees, including theage of each trainee, the education attainment level of eachtrainee, and for those training projects that have specific genderrequirements, the gender of each trainee.
        (5) The results of the project, including skills developed bytrainees, any license or certification associated with the trainingproject, the extent to which trainees have been able to secureemployment or obtain better employment, and descriptions ofthe specific jobs which trainees have been able to secure or towhich trainees have been able to advance.
    (b) With respect to trainees that have been able to secureemployment or obtain better employment, the department ofworkforce development shall compile data on the retention rates ofthose trainees in the jobs which the trainees secured or to which theyadvanced. The department shall include information concerningthose retention rates in each of its annual reports.
    (c) On or before October 1 of each state fiscal year, eachworkforce investment board shall provide the department with a

written report of its training activities for the immediately precedingstate fiscal year. The workforce development board shall prepare thereport in the manner prescribed by the department. However, at aminimum, the workforce development board shall include in itsreport the information required by subsection (a) for each trainingproject for which the workforce development board provided anyfunding during the state fiscal year covered by the report. In addition,the workforce development board shall include in each reportretention rate information as set forth in subsection (b).
    (d) The department shall provide a copy of its annual report for aparticular state fiscal year to the:
        (1) governor;
        (2) legislative council; and
        (3) unemployment insurance board;
on or before December 1 of the immediately preceding state fiscalyear. An annual report provided under this subsection to thelegislative council must be in an electronic format under IC 5-14-6.
As added by P.L.179-1999, SEC.2. Amended by P.L.28-2004,SEC.159.