IC 22-4-19
    Chapter 19. Administration of Department of WorkforceDevelopment

IC 22-4-19-1
Rules and regulations; investigations; change of rates
    Sec. 1. The board shall have the power and authority to adopt,amend, or rescind such rules and regulations to employ such persons,make such expenditures, require such reports, make suchinvestigations and take such other action as it may deem necessaryor suitable for the proper administration of this article. All rules andregulations issued under the provisions of this article shall beeffective upon publication in the manner hereinafter provided andshall have the force and effect of law. The board may prescribe theextent, if any, to which any rule or regulation so issued or legalinterpretation of this article shall be with or without retroactiveeffect. Whenever the board believes that a change in contribution orbenefit rates will become necessary to protect the solvency of theunemployment insurance benefit fund, it shall promptly so inform thegovernor and the general assembly, and make recommendations withrespect thereto.
(Formerly: Acts 1947, c.208, s.2001.) As amended by Acts 1978,P.L.6, SEC.32; P.L.108-2006, SEC.38.

IC 22-4-19-2
Repealed
    (Repealed by P.L.108-2006, SEC.66.)

IC 22-4-19-3
Repealed
    (Repealed by P.L.108-2006, SEC.66.)

IC 22-4-19-4
Professional employees; compensation; bond
    Sec. 4. Subject to the further provisions of this article, the boardis authorized to appoint, fix the compensation, and prescribe theduties and powers of such officers, accountants, attorneys, experts,and other persons as may be necessary in the performance of itsduties. All positions shall be filled by persons selected and appointedas provided in this section. The board may authorize any such personso appointed to do any act or acts which would lawfully be done bythe board and may, in its discretion, require suitable bond from anyperson charged with the custody of any money or securities.
(Formerly: Acts 1947, c.208, s.2004.) As amended by P.L.144-1986,SEC.111.

IC 22-4-19-5
Training; public works; use of unemployed
    Sec. 5. The board, through its appropriate activities, shall take allappropriate steps to reduce and prevent unemployment; to encourage

and assist in the adoption of practical methods of career andtechnical training, retraining, and vocational guidance; to investigate,recommend, advise, and assist in the establishment and operation, bymunicipal corporations, counties, school districts, and the state, ofreserves for public works to be used in times of business depressionand unemployment; to promote the re-employment of unemployedworkers throughout the state in every way that may be feasible; andto these ends to carry on and publish the results of investigations andresearch studies.
(Formerly: Acts 1947, c.208, s.2005.) As amended by P.L.234-2007,SEC.143.

IC 22-4-19-6
Records; inspection; reports; confidentiality; violations; processingfee
    Sec. 6. (a) Each employing unit shall keep true and accuraterecords containing information the department considers necessary.These records are:
        (1) open to inspection; and
        (2) subject to being copied;
by an authorized representative of the department at any reasonabletime and as often as may be necessary. The department, the reviewboard, or an administrative law judge may require from anyemploying unit any verified or unverified report, with respect topersons employed by it, which is considered necessary for theeffective administration of this article.
    (b) Except as provided in subsections (d) and (f), informationobtained or obtained from any person in the administration of thisarticle and the records of the department relating to theunemployment tax or the payment of benefits is confidential and maynot be published or be open to public inspection in any mannerrevealing the individual's or the employing unit's identity, except inobedience to an order of a court or as provided in this section.
    (c) A claimant or an employer at a hearing before anadministrative law judge or the review board shall be supplied withinformation from the records referred to in this section to the extentnecessary for the proper presentation of the subject matter of theappearance. The department may make the information necessary fora proper presentation of a subject matter before an administrative lawjudge or the review board available to an agency of the United Statesor an Indiana state agency.
    (d) The department may release the following information:
        (1) Summary statistical data may be released to the public.
        (2) Employer specific information known as ES 202 data anddata resulting from enhancements made through the businessestablishment list improvement project may be released to theIndiana economic development corporation only for thefollowing purposes:
            (A) The purpose of conducting a survey.
            (B) The purpose of aiding the officers or employees of the

Indiana economic development corporation in providingeconomic development assistance through programdevelopment, research, or other methods.
            (C) Other purposes consistent with the goals of the Indianaeconomic development corporation and not inconsistent withthose of the department, including the purposes ofIC 5-28-6-7.
        (3) Employer specific information known as ES 202 data anddata resulting from enhancements made through the businessestablishment list improvement project may be released to thebudget agency and the legislative services agency only foraiding the employees of the budget agency or the legislativeservices agency in forecasting tax revenues.
        (4) Information obtained from any person in the administrationof this article and the records of the department relating to theunemployment tax or the payment of benefits for use by thefollowing governmental entities:
            (A) department of state revenue; or
            (B) state or local law enforcement agencies;
        only if there is an agreement that the information will be keptconfidential and used for legitimate governmental purposes.
    (e) The department may make information available undersubsection (d)(1), (d)(2), or (d)(3) only:
        (1) if:
            (A) data provided in summary form cannot be used toidentify information relating to a specific employer orspecific employee; or
            (B) there is an agreement that the employer specificinformation released to the Indiana economic developmentcorporation, the budget agency, or the legislative servicesagency will be treated as confidential and will be releasedonly in summary form that cannot be used to identifyinformation relating to a specific employer or a specificemployee; and
        (2) after the cost of making the information available to theperson requesting the information is paid under IC 5-14-3.
    (f) In addition to the confidentiality provisions of subsection (b),the fact that a claim has been made under IC 22-4-15-1(c)(8) and anyinformation furnished by the claimant or an agent to the departmentto verify a claim of domestic or family violence are confidential.Information concerning the claimant's current address or physicallocation shall not be disclosed to the employer or any other person.Disclosure is subject to the following additional restrictions:
        (1) The claimant must be notified before any release ofinformation.
        (2) Any disclosure is subject to redaction of unnecessaryidentifying information, including the claimant's address.
    (g) An employee:
        (1) of the department who recklessly violates subsection (a), (c),(d), (e), or (f); or        (2) of any governmental entity listed in subsection (d)(4) whorecklessly violates subsection (d)(4);
commits a Class B misdemeanor.
    (h) An employee of the Indiana economic developmentcorporation, the budget agency, or the legislative services agencywho violates subsection (d) or (e) commits a Class B misdemeanor.
    (i) An employer or agent of an employer that becomes aware thata claim has been made under IC 22-4-15-1(c)(8) shall maintain thatinformation as confidential.
    (j) The department may charge a reasonable processing fee not toexceed two dollars ($2) for each record that provides informationabout an individual's last known employer released in compliancewith a court order under subsection (b).
(Formerly: Acts 1947, c.208, s.2006.) As amended by Acts 1978,P.L.2, SEC.2217; P.L.17-1984, SEC.6; P.L.18-1987, SEC.57;P.L.135-1990, SEC.17; P.L.110-1992, SEC.1; P.L.21-1995, SEC.97;P.L.235-1999, SEC.11; P.L.290-2001, SEC.15; P.L.189-2003,SEC.8; P.L.4-2005, SEC.131; P.L.108-2006, SEC.39; P.L.175-2009,SEC.33; P.L.182-2009(ss), SEC.367; P.L.110-2010, SEC.33.

IC 22-4-19-6.5
Information available through enhanced electronic access system
    Sec. 6.5. (a) The department may make available through theenhanced electronic access system established by the office oftechnology established by IC 4-13.1-2-1 secure electronic access forcreditors to employer provided information on the amount of wagespaid by an employer to an employee.
    (b) The enhanced electronic access system established by theoffice of technology may enter into a contract with one (1) or moreprivate entities to allow private entities to provide secure electronicaccess to employer provided information held by the department onthe amount of wages paid by an employer to an employee.
    (c) A creditor may obtain wage report information from a privateentity if the creditor first obtains written consent from the employeewhose information the creditor seeks to obtain. A creditor that hasentered into a contract with the enhanced electronic access systemmust retain a written consent received under this section for at leastthree (3) years or for the length of the loan if the loan is for less thanthree (3) years.
    (d) Written consent from the employee must include thefollowing:
        (1) A statement that the written consent is the authorization forthe creditor to obtain information on the employee'semployment and wage history.
        (2) A statement that the information is obtained solely for thepurpose of reviewing a specific application for credit.
        (3) Notification that state agency files containing employmentand wage history will be accessed to provide the information.
        (4) A listing of all parties that will receive the informationobtained.    (e) Information under this section may only be released to acreditor for the purpose of satisfying the standard underwritingrequirements of the creditor or a client of the creditor for one (1)credit transaction per employee written consent.
    (f) The costs of implementing and administering the release ofinformation must be paid by the private entity or entities that contractwith the enhanced electronic access system established by the officeof technology.
    (g) For employee information under this section, a private entitythat enters a contract with the enhanced electronic access systemestablished by the office of technology for release of employeeinformation must comply with:
        (1) the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.);
        (2) all state and federal privacy laws; and
        (3) the rules regarding the release of information adopted by theUnited States Department of Labor.
    (h) A private entity that has entered into a contract with theenhanced electronic access system under subsection (b) mustmaintain a consent verification system that audits at least five percent(5%) of daily transactions and must maintain a file of auditprocedures and results.
    (i) A person who violates this section commits a Class Ainfraction.
As added by P.L.226-1999, SEC.1. Amended by P.L.177-2005,SEC.43.

IC 22-4-19-7
Records; examination
    Sec. 7. In any case where an employing unit, or any officer,member, or agent thereof or any other person having possession ofthe records thereof, shall fail or refuse upon demand by the board,the department, the review board, or an administrative law judge, orthe duly authorized representative of any of them, to produce orpermit the examination or copying of any book, paper, account,record, or other data pertaining to payrolls or employment orownership of interests or stock in any employing unit, or bearingupon the correctness of any contribution report, or for the purpose ofmaking a report as required by this article where none has beenmade, then and in that event the board, the department, the reviewboard, or the administrative law judge, or the duly authorizedrepresentative of any of them, may by issuance of a subpoena requirethe attendance of such employing unit, or any officer, member, oragent thereof or any other person having possession of the recordsthereof, and take testimony with respect to any such matter and mayrequire any such person to produce any books or records specified insuch subpoena.
(Formerly: Acts 1947, c.208, s.2007.) As amended by P.L.144-1986,SEC.112; P.L.135-1990, SEC.18; P.L.290-2001, SEC.16;P.L.108-2006, SEC.40; P.L.175-2009, SEC.34.
IC 22-4-19-8
Records; subpoenas; enforcement
    Sec. 8. (a) The board, the department, the review board, or theadministrative law judge, or the duly authorized representative of anyof them, at any such hearing shall have power to administer oaths toany such person or persons. When any person called as a witness bysuch subpoena, duly signed, and served upon the witness by any dulyauthorized person or by the sheriff of the county of which suchperson is a resident, or wherein is located the principal office of suchemploying unit or wherein such records are located or kept, shall failto obey such subpoena to appear before the board, the department,the review board, or the administrative law judge, or the authorizedrepresentative of any of them, or shall refuse to testify or to answerany questions, or to produce any book, record, paper, or other datawhen notified and demanded so to do, such failure or refusal shall bereported to the attorney general for the state of Indiana who shallthereupon institute proceedings by the filing of a petition in the nameof the state of Indiana on the relation of the board, in the circuit courtor superior or other court of competent jurisdiction of the countywhere such witness resides, or wherein such records are located orkept, to compel obedience of and by such witness.
    (b) Such petition shall set forth the facts and circumstances of thedemand for and refusal or failure to permit the examination orcopying of such records or the failure or refusal of such witness totestify in answer to such subpoena or to produce the records sorequired by such subpoena. Such court, upon the filing and docketingof such petition shall thereupon promptly issue an order to thedefendants named in said petition, to produce forthwith in such courtor at a place in such county designated in such order, for theexamination or copying by the board, the department, the reviewboard, an administrative law judge, or the duly authorizedrepresentative of any of them, the records, books, or documents sodescribed and to testify concerning matters described in suchpetition. Unless such defendants to such petition shall appear in saidcourt upon a day specified in such order, which said day shall be notmore than ten (10) days after the date of issuance of such order, andoffer, under oath, good and sufficient reasons why such examinationor copying should not be permitted, or why such subpoena should notbe obeyed, such court shall thereupon deliver to the board, thedepartment, the review board, the administrative law judge, orrepresentative of any of them, for examination or copying, therecords, books and documents so described in said petition and soproduced in such court and shall order said defendants to appear inanswer to the subpoena, and to testify concerning the subject matterof the inquiry. Any employing unit, or any officer, member, or agentthereof, or any other persons having possession of the records thereofwho shall willfully disobey such order of the court after the sameshall have been served upon him, shall be guilty of indirect contemptof such court from which such order shall have issued and may beadjudged in contempt of said court and punished therefor as provided

by law.
(Formerly: Acts 1947, c.208, s.2008.) As amended by P.L.135-1990,SEC.19; P.L.108-2006, SEC.41.

IC 22-4-19-9
Payroll reports; preparation
    Sec. 9. If any employing unit fails to make any payroll reportrequired by this article, the commissioner shall give written notice bymail to the employing unit to make and file the report within ten (10)days from the date of the notice. If the employing unit, by its propermembers, officers, or agents, fails or refuses to make and file thereport within such time, the report shall be made by the departmentfrom the best information available, and the amount of contributionand skills 2016 training assessment due shall be computed thereonand the report shall be prima facie correct for the purposes of thisarticle.
(Formerly: Acts 1947, c.208, s.2009; Acts 1951, c.295, s.11.) Asamended by P.L.20-1986, SEC.13; P.L.18-1987, SEC.58;P.L.21-1995, SEC.98; P.L.290-2001, SEC.17.

IC 22-4-19-10
Reports; failure to file; penalties
    Sec. 10. Any employing unit which negligently or wilfully fails tosubmit any report of information required for the properadministration of this article demanded by the commissioner withinten (10) days after request for the same is sent to the employing unitby registered mail shall be assessed a penalty of twenty-five dollars($25).
(Formerly: Acts 1947, c.208, s.2010; Acts 1971, P.L.355, SEC.44.)As amended by P.L.21-1995, SEC.99.

IC 22-4-19-11
Records; destruction
    Sec. 11. The commissioner may destroy or otherwise dispose ofunder IC 5-15-5.1-14 such reports or records as have been properlyrecorded or summarized in the records of the department.
(Formerly: Acts 1947, c.208, s.2011.) As amended by P.L.144-1986,SEC.113; P.L.18-1987, SEC.59; P.L.121-1995, SEC.3; P.L.21-1995,SEC.100.

IC 22-4-19-12
Records; foreign states and foreign countries; criminal actions
    Sec. 12. Records, with any necessary authentication thereof,required in the prosecution of any criminal action brought by anotherstate or foreign government for misrepresentation or failure todisclose a material fact to obtain benefits under the law of this state,shall be made available to the agency administering the employmentsecurity law of any such state or foreign government for the purposeof such prosecution.
(Formerly: Acts 1947, c.208, s.2012; Acts 1951, c.295, s.11 1/2.)
IC 22-4-19-13
Benefits; charges to experience accounts; change of rates; notice
    Sec. 13. (a) Where an employer makes an offer of employmentdirectly to a claimant, promptly giving written notice to thedepartment of such offer, or when any such employer makes suchoffer of employment in writing through the department, thecommissioner, the deputy, or an authorized representative of the stateor the United States employment service, which offer shall specifysuch claimant by name, and when such claimant thereafter fails toregister subsequent to the receipt of such offer of employment by thedepartment, the commissioner, the deputy, or an authorizedrepresentative of the state or the United States employment service,then a notice in writing shall promptly be mailed to such employerof such claimant's said failure to return and to register. If suchclaimant thereafter, in the claimant's benefit period, again registersor renews and continues the claimant's claim for benefits, suchemployer shall promptly be mailed notice of such fact in order thatthe employer may have an opportunity to renew and remake an offerof employment to such claimant.
    (b) Upon the filing by an individual of an additional claim forbenefits, a notice in writing or a carbon copy of such additional claimshall be mailed promptly to the base period employer or employersand to the employing unit including an employer from whose employthe individual claims to have been last separated.
    (c) Upon the filing by an individual of an initial claim for benefits,a notice in writing or a carbon copy of such initial claim shall bemailed promptly to the employing unit including an employer fromwhose employ the individual claims to have been last separated. Thecomputation of the benefit rights of such individual shall be made aspromptly as possible and, if such claim is deemed valid, then a noticeof benefit liability shall be mailed to each employer whoseexperience account is potentially chargeable with benefits to be paidto such individual. Such notice shall contain the date, the name andsocial security number of the individual, the ending date of theindividual's base period, and the week ending date of the first weekof the individual's benefit year. Such notice shall further containinformation as to the proportion of benefits chargeable to theemployer's experience account in ratio to the earnings of suchindividual from such employer and shall advise such employer of theemployer's right to protest such claim and the payment of anybenefits thereon and of the place and time within which protest mustbe made and the form and contents thereof.
    (d) Whenever a determination is made with respect to the validityof any claim for benefits, or the eligibility of any claimant forbenefits, which involves the cancellation of wage credits or benefitrights, the imposition of any disqualification, period of ineligibilityor penalty, or the denial thereof, a notice in writing shall promptly bemailed to such claimant and to each employer directly involved orconnected with the issue raised as to the validity of such claim, theeligibility of such claimant for benefits, or the imposition of a

disqualification period of ineligibility or penalty, or the denialthereof. Such employer or such claimant may protest any suchdetermination within such time limits and in such manner asprovided in IC 22-4-17-2 and upon said protest shall be entitled to ahearing as provided in IC 22-4-17-2 and IC 22-4-17-3.
    (e) Every employer shall be mailed a monthly report of benefitcharges which shall contain an itemized statement showing thenames of individuals to whom benefits were paid and charged to theexperience account of such employer, the weeks with respect towhich each such individual received benefits, the amount thereof,and the total amount of benefits charged to such employer's saidaccount during the period covered by such report.
    (f) Following the computation of rates of contribution foremployers for each calendar year, each employer shall be mailed notlater than ninety (90) days after the effective date of such rates anotice in writing setting out the employer's rate of contribution forsuch year, computed by the department as of the preceding June 30,together with sufficient information for such employer to determineand compute the amount of a voluntary payment required from suchemployer in order to qualify for and obtain a lower rate ofcontribution for such year and also advising such employer of thelength of time within which or last date upon which said voluntarypayment will be received or can be made.
(Formerly: Acts 1947, c.208, s.2013; Acts 1951, c.307, s.4; Acts1953, c.177, s.24; Acts 1957, c.261, s.4; Acts 1967, c.310, s.21.) Asamended by P.L.144-1986, SEC.114; P.L.11-1987, SEC.25;P.L.18-1987, SEC.60; P.L.21-1995, SEC.101.

IC 22-4-19-14
Federal laws; invalidity or stay; suspension of article
    Sec. 14. If the board determines that Public Law 94-566 or thefederal laws it amends have been adjudged unconstitutional orinvalid in its application to, or have been stayed pendente lite as to,a state or a political subdivision or an instrumentality which iswholly owned by the state and one (1) or more other states orpolitical subdivisions and its employees by any court of competentjurisdiction, the board shall suspend the enforcement of this articlewith respect to these employers and employees to the extent of theadjudged unconstitutionality or inapplicability or of the stay.
As added by Acts 1977, P.L.262, SEC.28.