Ind. Code ch. 22-4-17

Ind. Code ch. 22-4-17
in effect

Ind. Code § 22-4-17-1 Mass layoffs; extended benefits; posting

Sec. 1. (a) The department shall adopt reasonable procedures consistent with the provisions of this article for the expediting of the taking of claims of individuals for benefits in instances of mass layoffs by employers, the purpose of which shall be to minimize the amount of time required for such individuals to file claims upon becoming unemployed as the result of such mass layoffs. (b) Except when the result would be inconsistent with the other provisions of this article, as provided in the rules of the department, the provisions of this article which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits. (c) Whenever an extended benefit period is to become effective in this state as a result of a state "on" indicator, or an extended benefit period is to be terminated in this state as a result of a state "off" indicator, the commissioner shall make an appropriate public announcement. (d) Computations described in IC 22-4-2-34(b) shall be made by the department in accordance with regulations prescribed by the United States Department of Labor. (e) Each employer shall display and maintain in places readily accessible to all employees posters concerning its regulations and shall make available to each such individual upon request or at the time the individual becomes unemployed printed benefit rights information furnished by the department. Formerly: Acts 1947, c.208, s.1801; Acts 1957, c.147, s.1; Acts 1971, 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; P.L.200-2025, SEC.21; P.L.121-2026, SEC.40.

Ind. Code § 22-4-17-2 Filing; determination of status; disputed claims; hearings

Sec. 2. (a) When a claimant files an initial claim, the department shall promptly make a determination of the claimant's status as an insured worker. A notice of the determination of insured status shall be furnished to the claimant promptly. Each determination shall be based on and include a statement showing the amount of wages paid to the claimant for insured work by each employer during the claimant's base period and shall include a finding as to whether the wages meet the requirements for the claimant to be an insured worker, and, if so, the week ending date of the first week of the claimant's benefit period, the claimant's weekly benefit amount, and the maximum amount of benefits that may be paid to the claimant for weeks of unemployment in the claimant's benefit period. For the claimant who is not insured, the notice shall include the reason for the determination. The following apply in regard to the determination: (1) Unless the claimant, within fifteen (15) days after the determination was sent by the department to the claimant, asks for a hearing before an administrative law judge, the determination shall be final and benefits shall be paid or denied in accordance with the determination. (2) If a claimant asks for a wage investigation, the unemployment insurance tax division shall promptly perform an investigation to determine whether wages from insured work should be added or subtracted from the claim. A determination of the wage investigation shall be furnished to the claimant promptly upon completion. Unless the claimant, within fifteen (15) days after the determination was sent by the unemployment insurance tax division, requests an appeal to a liability administrative law judge under IC 22-4-32-1, the determination shall be final. (b) The department shall promptly furnish the claimant's last employer prior to filing of a claim and each employer in the base period whose experience or reimbursable account is potentially chargeable with benefits to be paid to the claimant with a notice of the employer's benefit liability. The notice shall contain the date, the name and Social Security account number of the claimant, the ending date of the claimant's base period, and the week ending date of the first week of the claimant's benefit period. The notice shall further contain information as to the proportion of benefits chargeable to the employer's experience or reimbursable account in ratio to the earnings of the claimant from the employer. Unless the employer within fifteen (15) days after the notice of benefit liability was sent by the department to the employer, asks for a hearing before a liability administrative law judge, the determination shall be final and benefits paid shall be charged in accordance with the determination. (c) An employing unit, including an employer, having knowledge of any facts which may affect a claimant's eligibility or right to waiting period credits or benefits, shall notify the department in the form and manner prescribed by the department of those facts within ten (10) days after the claim for benefits was sent by the department. (d) If the claimant has been separated for any of the following reasons, the employer shall notify the department of the separation circumstances in the form and manner prescribed by the department: (1) Voluntarily left the employment without good cause in connection with the work. (2) Was discharged for just cause. (3) Was discharged for gross misconduct in connection with the claimant's work. (4) Left due to the claimant's physical condition. (5) Left to accept other employment. (6) Left to enter self-employment. (e) An employer shall notify the department when the following circumstances exist with regard to a separated claimant in the form and manner prescribed by the department: (1) The claimant is entitled to: (A) vacation pay; (B) payment in lieu of vacation; (C) standby pay; or (D) wages in lieu of notice. (2) The claimant is receiving, or will receive, retirement pay. (3) There are other circumstances, of which the employer is aware, that are potentially disqualifying for claimant benefits. (f) In addition to the foregoing determination of insured status by the department, the deputy shall, throughout the benefit period, determine the claimant's eligibility with respect to each week for which the claimant claims waiting period credit or benefit rights, the validity of the claimant's claim, and the cause for which the claimant left the claimant's work, or may refer the claim to an administrative law judge who shall make the initial determination in accordance with the procedure in section 3 of this chapter. (g) In cases where the claimant's benefit eligibility or disqualification is disputed, the department shall promptly notify the claimant and the employer or employers directly involved or connected with the issue raised as to the validity of the claim, the eligibility of the claimant for waiting period credit or benefits, or the imposition of a disqualification period or penalty, or the denial of the claim, and of the cause for which the claimant left the claimant's work, of the determination and the reasons for the determination. (h) Except as otherwise provided in this section regarding parties located in Alaska, Hawaii, and Puerto Rico, unless the claimant or the employer, within fifteen (15) days after the notification required by subsection (g), was sent by the department to the claimant or the employer, asks for a hearing before an administrative law judge, the decision shall be final and benefits shall be paid or denied in accordance with the decision. (i) For a notice of disputed administrative determination or decision sent by the department to the claimant or employer either of whom is located in Alaska, Hawaii, or Puerto Rico, unless the claimant or employer, within fifteen (15) days after the notification required by subsection (g) was sent to the claimant or employer, asks for a hearing before an administrative law judge, the decision shall be final and benefits shall be paid or denied in accordance with the decision. (j) If a claimant or an employer requests a hearing under subsection (h) or (i), the request shall be filed with the department within the prescribed periods provided in this section and shall be in the form and manner prescribed by the department. The party requesting the hearing shall include with its request a copy of the determination being appealed or the identification number of the determination being appealed. In the event a hearing is requested by an employer or the department after it has been administratively determined that benefits should be allowed to a claimant, entitled benefits shall continue to be paid to the claimant unless the administrative determination has been reversed by a due process hearing. Benefits with respect to any week not in dispute shall be paid promptly regardless of any appeal. (k) A person may not participate on behalf of the department in any case in which the person is an interested party. (l) Solely on the ground of obvious administrative error appearing on the face of an original determination, and within the benefit year of the affected claims, the commissioner, or a representative authorized by the commissioner to act in the commissioner's behalf, may reconsider and direct the deputy to revise the original determination so as to correct the obvious error. Time for filing an appeal and requesting a hearing before an administrative law judge regarding the determinations handed down pursuant to this subsection shall begin on the date following the date of revision of the original determination and shall be filed with the commissioner in the form and manner prescribed by the department within the prescribed periods provided in subsection (c). (m) Notice to the employer and the claimant that the determination of the department is final if a hearing is not requested shall be prominently displayed on the notice of the determination which is sent to the employer and the claimant. (n) If an allegation of the applicability of IC 22-4-15-1(c)(8) is made by the claimant at the time of the claim for benefits, the department shall not notify the employer of the claimant's current address or physical location. (o) All claimants who have not previously verified their identity with the department shall, prior to filing a new claim for unemployment benefits, verify their identity in the form and manner prescribed by the department. (p) No claimant will be eligible for a monetary determination of benefits without first providing the department with the claimant's Social Security number. (q) A claimant is ineligible for unemployment benefits or extended benefits unless the claimant has verified the claimant's identity in the form and manner prescribed by the department. (r) Once a valid claim has been filed by a claimant, during the benefit period established the claimant cannot cancel, withdraw, or change the time of filing of: (1) the initial claim; (2) a reopened claim; or (3) an additional claim; for any purpose, other than administrative error on the part of department staff or to backdate a combined wage claim to the effective date of a combined wage claim originally filed in another state. (s) The date listed under date sent on a determination of eligibility issued under this section is prima facie evidence that the determination was sent to the party on that date. Formerly: Acts 1947, c.208, s.1802; Acts 1953, c.177, s.22; Acts 1955, c.317, s.10; Acts 1965, c.190, s.11; Acts 1969, c.300, s.5; Acts 1971, P.L.355, SEC.42; Acts 1972, P.L.174, SEC.2. As amended by Acts 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; P.L.1-2010, SEC.88; P.L.42-2011, SEC.41; P.L.154-2013, SEC.7; P.L.122-2019, SEC.29; P.L.200-2025, SEC.22; P.L.113-2026, SEC.17; P.L.121-2026, SEC.41.

Ind. Code § 22-4-17-2.3 Interstate claims

Sec. 2.3. (a) As used in this section, "agent state" means any state from or through which a claimant files an interstate claim for benefits against another state. (b) As used in this section, "benefits" means the compensation payable to a claimant under the unemployment insurance law of any state. (c) As used in this section, "interstate claimant" means a claimant who files an interstate claim for benefits: (1) under the unemployment insurance law of a liable state from another state; (2) through the facilities of an agent state; or (3) directly with the liable state. The term does not include any claimant who customarily commutes across state lines from a residence in one state to work in a liable state unless the department finds that this exclusion would create undue hardship on such claimants in specified areas. (d) As used in this section, "liable state" means any state against which a claimant files, from or through another state, a claim for benefits. (e) Each interstate claimant shall be registered for work through any public employment office in the agent state when and as required by the law, regulations, rules, and procedures of the agent state. The registration shall be accepted as meeting the registration requirements of the liable state. (f) Each agent state shall duly report to the liable state in question whether each interstate claimant meets the registration requirements of the agent state. (g) If a claimant files a claim against any state, and it is determined by the state that the claimant has available benefit credits in the state, then claims must be filed only against the state as long as benefit credits are available in that state. If benefit credits are not available in the state, the claimant may file claims against any other state in which there are available benefit credits. (h) Benefit credits shall be deemed to be unavailable whenever benefits: (1) have been exhausted, terminated, or postponed for an indefinite period or for the entire period in which benefits would otherwise be payable; or (2) are affected by the application of a seasonal restriction. (i) Claims for benefits or a waiting period shall be filed by interstate claimants with the liable state in accordance with the liable state's procedures. (j) The agent state shall, in connection with each claim filed by an interstate claimant, ascertain and report to the liable state in question readily determinable facts relating to the claimant's availability for work and eligibility for benefits in and by the agent state. (k) The agent state's responsibility and authority in connection with the determination of interstate claims shall be limited to investigation and reporting of relevant facts. The agent state may not refuse to take an interstate claim. (l) With respect to the time limits imposed by the law of a liable state upon the filing of an appeal in connection with a disputed benefit claim, an appeal made by an interstate claimant shall be deemed to have been made and communicated to the liable state on the date when the appeal is received by any qualified officer of the agent state. (m) The provisions of this section also apply to claims taken in and for Canada. As added by P.L.121-2026, SEC.42.

Ind. Code § 22-4-17-2.5 Filing; income taxes

Sec. 2.5. (a) When an individual files an initial claim, the individual shall be advised of the following: (1) Unemployment compensation is subject to federal, state, and local income taxes. (2) Requirements exist concerning estimated tax payments. (3) The individual may elect to have income taxes withheld from the individual's payment of unemployment compensation. If an election is made, the department shall withhold federal income tax at the applicable rate provided in the Internal Revenue Code. (4) After December 31, 2011, the individual may elect to have state adjusted gross income tax imposed under IC 6-3 and the local income tax imposed under IC 6-3.6 deducted and withheld from the individual's payment of unemployment compensation. If an election is made, the department shall withhold state adjusted gross income tax imposed under IC 6-3 and the local income tax imposed under IC 6-3.6 at the applicable rate prescribed in withholding instructions issued by the department of state revenue. (5) An individual is allowed to change an election made under this section. (b) Money withheld from unemployment compensation under this section shall remain in the unemployment fund until transferred to the federal taxing authority or the state (as appropriate) for payment of income taxes. (c) The commissioner shall follow all procedures of the United States Department of Labor, the Internal Revenue Service, and the department of state revenue concerning the withholding of income taxes. (d) Money shall be deducted and withheld in accordance with the priorities established in regulations developed by the commissioner. As added by P.L.166-1996, SEC.4. Amended by P.L.3-2008, SEC.159; P.L.2-2011, SEC.15; P.L.197-2016, SEC.118.

Ind. Code § 22-4-17-3 Administrative appeal; disputed claims

Sec. 3. (a) Unless such request for hearing is withdrawn, an administrative law judge, after providing the notice required under section 6 of this chapter and affording the parties a reasonable opportunity for fair hearing, shall affirm, modify, or reverse the findings of fact and decision of the deputy. (b) The parties shall be duly notified of the decision made under subsection (a) and the reasons therefor, which shall be deemed to be the final decision of the review board, unless within fifteen (15) days after the date of notification or mailing of such decision, an appeal is taken by the commissioner or by any party adversely affected by such decision to the review board. Formerly: Acts 1947, c.208, s.1803; Acts 1957, c.299, s.4. As amended 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.

Ind. Code § 22-4-17-3.2 Representation before administrative law judge, review board, or other adjudicator

Sec. 3.2. (a) As used in this section, "attorney" refers to one (1) of the following: (1) An attorney in good standing admitted to the practice of law in Indiana. (2) An attorney in good standing admitted to the practice of law in another state who has been granted temporary admission to the state bar under Rule 3 of the Rules for Admission to the Bar and the Discipline of Attorneys adopted by the supreme court. (b) An employer or an employing unit having an interest in a claim for benefits pending before an administrative law judge, the review board, or other individuals who adjudicate claims may be represented by: (1) an officer or other employee of the employer or employing unit as designated by the employer or the employing unit; (2) an attorney; (3) an accountant certified by and in good standing with the state; or (4) a representative of an unemployment compensation service firm. (c) A claimant for benefits may be represented by: (1) the claimant in person; (2) an attorney; (3) an accountant certified by and in good standing with the state; or (4) an authorized agent of a bona fide labor organization to which the claimant belonged at the time the pending claim occurred. (d) In addition to the persons listed in subsection (c), a claimant for benefits may designate a lay person of the claimant's choice to assist the claimant in the presentation of the claimant's case to the administrative law judge, the review board, or another individual who adjudicates claims. (e) An administrative law judge, or the review board, in their discretion, may refuse to allow any person to represent a party in any proceeding before the administrative law judge, or the review board, if the administrative law judge, or the review board, finds that the person is or has been guilty of unethical conduct, or has intentionally or repeatedly failed to observe the provisions of this article, the rules of the department, or other rules or regulations relating to unemployment insurance hearings. As added by P.L.120-2016, SEC.2. Amended by P.L.121-2026, SEC.43.

Ind. Code § 22-4-17-4 Administrative law judges; training; discipline; disputed claims; hearings

Sec. 4. (a) The department shall employ one (1) or more administrative law judges to hear and decide disputed claims. Administrative law judges employed under this section are not subject to IC 4-21.5 or any other statute regulating administrative law judges, unless specifically provided. (b) The department shall provide at least annually to all administrative law judges, review board members, and other individuals 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 board members, and other individuals who adjudicate claims during a hearing or other adjudicative process. (c) The department regularly shall monitor the hearings and decisions of its administrative law judges, review board members, and other individuals who adjudicate claims to ensure that the hearings and decisions strictly comply with the law and the rules described in subsection (b). (d) An individual who does not strictly comply with the law and the rules described in subsection (b), including the rules of conduct for administrative law judges, review board members, and other individuals who adjudicate claims during a hearing or other adjudicative process, is subject to disciplinary action by the department, up to and including suspension from or termination of employment. 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.

Ind. Code § 22-4-17-5 Review board; appointments; hearings

Sec. 5. (a) The governor shall appoint a review board composed of three (3) members, not more than two (2) of whom shall be members of the same political party, with salaries to be fixed by the governor. 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 all proceedings arising from that claim, may be transferred to and determined by the review board upon its own motion, at any time before the administrative law judge announces a decision. If the review board considers it advisable to procure additional evidence, it may direct the taking of additional evidence within a time period it shall fix. An employer that is a party to a claim transferred to the review board under this subsection is entitled to receive notice in accordance with section 6 of this chapter of the transfer or any other action to be taken under this section before a determination is made or other action concerning the claim is taken. (c) Any proceeding so removed to the review board shall be heard by a quorum of the review board in accordance with the requirements of section 3 of this chapter. The review board shall notify the parties to any claim of its decision, together with its reasons for the decision. (d) Members of the review board, when acting as administrative law 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, or orders of an administrative law judge on the basis of any of the following: (1) Evidence previously submitted to the administrative law judge. (2) The record of the proceeding after the taking of additional evidence as directed by the review board. (3) A procedural error by the administrative law judge. (4) The record of the proceeding after holding a hearing on the matter appealed. (f) Each hearing before the review board shall be confined to the evidence submitted before the administrative law judge unless it is an original hearing. However, the review board may hear or procure additional evidence upon its own motion, or upon written application of either party, and for good cause shown, together with a showing of good reason why the additional evidence was not procured and introduced at the hearing before the administrative law judge. (g) An application for leave to introduce additional evidence made by either party shall set forth the: (1) names of the witnesses whose testimony will be offered; and (2) facts to which they are expected to testify. If the new evidence is documentary, then a copy of the document proposed to be introduced shall accompany the application. The application, if made by the appellant, must be presented at the time the request for hearing is filed. (h) No additional evidence shall be admitted except after notice is issued by the review board to all parties to the appeal giving each party an opportunity to rebut the additional evidence. The notice must: (1) designate the time and place at which additional evidence will be received; (2) set forth the names of the witnesses whose testimony will be heard, together with a summary of the facts about which they are expected to testify; and (3) include a copy of any document offered as additional evidence. However, if all parties to an appeal are present at a hearing at which the review board upon its own motion determines to take additional evidence and the parties voluntarily waive their right of notice of the taking of additional evidence, the review board in its own discretion may proceed in the taking of additional evidence. (i) The review board may remand any proceeding to an administrative law judge for the hearing of additional evidence under the same conditions and after notice is provided in the same manner as for the hearing of additional evidence by the review board. (j) In the hearing of an appeal, the review board may allow oral argument, the filing of written argument, or both. After notice to all parties, any party to any proceeding in which additional evidence is taken may present material evidence relative to the question upon which the review board has authorized or directed the taking of additional evidence, and evidence in rebuttal also may be introduced. Formerly: Acts 1947, c.208, s.1805; Acts 1965, c.190, s.12. As amended 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; P.L.171-2016, SEC.14; P.L.136-2018, SEC.113; P.L.121-2026, SEC.44.

Ind. Code § 22-4-17-6 Disputed claims; conduct of hearings and appeals

Sec. 6. (a) The manner in which disputed claims shall be presented and the conduct of hearings and appeals, including the conduct of administrative law judges, review board members, and other individuals who adjudicate claims during a hearing or other adjudicative process, shall be in accordance with this article. (b) The proceedings before an administrative law judge are de novo, except as provided in subsection (e). (c) All proceedings before an administrative law judge shall be conducted informally in order to determine the substantial rights of the parties. The parties may present evidence as the administrative law judge deems necessary for determining the substantial rights of the parties. An administrative law judge: (1) shall have the right to examine all witnesses; (2) may require the parties to produce any available evidence that the parties deem necessary for a proper determination of the case; and (3) where either party fails to appear, or where either party is not represented by an attorney or duly authorized agent, shall have the duty to examine the party's witnesses, and to cross-examine all witnesses of the other party, in order to ensure complete presentation of the case. (d) If this article does not provide for the procedural rules governing a claim or action before an administrative law judge or the review board, the proceedings are governed by the Indiana Rules of Trial Procedure and the Indiana Rules of Evidence. (e) Administrative law judges, review board members, and other individuals who adjudicate claims during a hearing or other adjudicative process may consider as evidence and include in the record described in subsection (h) records of the department that are material to the issues being considered in the hearing if the records are made available to the interested parties prior to the hearing. (f) An administrative law judge shall consider all hearsay evidence as would be admissible under common law or the Indiana Rules of Evidence. Hearsay evidence that is not admissible under a recognized hearsay exception may be admitted but is not entitled to the same evidentiary weight as direct testimony. Hearsay evidence properly objected to, but not falling within a recognized hearsay exception, that is admitted into the record may not form the sole basis for a decision by an administrative law judge or the review board. (g) No paper or document written in any foreign language shall be introduced into evidence in a proceeding related to a disputed claim unless it is accompanied by an accurate English translation, with satisfactory proof, as determined by the administrative law judge, or the review board, that the translation is a correct translation of the original. Testimony in a language other than English, or by the hearing impaired, shall be translated by an interpreter provided by the department, at the department's expense. The interpreter is subject to the interpreter oath or affirmation, which shall be administered by the administrative law judge or the review board. (h) A full and complete record shall be kept of all proceedings in connection with a disputed claim. The testimony at any hearing upon a disputed claim may not be transcribed unless a review board decision is appealed to the court of appeals of Indiana. (i) Each party to a hearing before an administrative law judge held under section 3 of this chapter shall be sent a notice of the hearing at least ten (10) days before the date of the hearing specifying the date, place, and time of the hearing, identifying the issues to be decided, and providing complete information about the rules of evidence and standards of proof that the administrative law judge will use to determine the validity of the claim. (j) If a hearing so scheduled has not commenced within at least sixty (60) minutes of the time for which it was scheduled, then a party involved in the hearing may request a continuance of the hearing. Upon submission of a request for continuance of a hearing under circumstances provided in this section, the continuance shall be granted unless the party requesting the continuance was responsible for the delay in the commencement of the hearing as originally scheduled. In the latter instance, the continuance shall be discretionary with the administrative law judge. Testimony or other evidence introduced by a party at a hearing before an administrative law 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 have anticipated; shall be good cause for continuance of the hearing and upon motion such continuance shall be granted. (k) The administrative records of the department are self-authenticating and admissible in the administrative hearing. Formerly: Acts 1947, c.208, s.1806; Acts 1963, c.208, s.1. As amended 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; P.L.122-2019, SEC.30; P.L.119-2020, SEC.2; P.L.200-2025, SEC.23; P.L.121-2026, SEC.45.

Ind. Code § 22-4-17-6.3 Continuances; dismissals; withdrawals

Sec. 6.3. (a) Except as provided in section 6 of this chapter, an administrative law judge or the review board may continue any hearing upon its own motion, or upon request by any party to the appeal. The request must be received not later than three (3) days before the date of the hearing, unless the requesting party can demonstrate an unforeseen emergency. The request must set forth good cause for the granting of the request. A copy of the request must be served upon all parties to the hearing. A request for a continuance of a hearing pending before an administrative law judge shall be filed with that administrative law judge. A request for a continuance of a hearing pending before the review board shall be filed with the chairperson of the review board. (b) Requests for continuances for cases pending longer than sixty (60) days from the filing date of the appeal will not be granted, unless the requesting party can demonstrate an unforeseen emergency. (c) If the appealing party in a hearing pending before an administrative law judge or the review board fails to appear for a scheduled hearing, after having received due notice, the administrative law judge or the review board shall dismiss the appeal, and the underlying, appealed determination shall be deemed final. (d) An administrative law judge, or the review board, may, in their discretion, dismiss any appeal that in their judgment has been abandoned by all interested parties, and the underlying, appealed determination of eligibility, or administrative law judge decision, shall be deemed final. (e) A party appealing an initial determination of a deputy, or a party appealing a decision of an administrative law judge, may withdraw the appeal by written request. A written request must be filed as follows: (1) For an appeal pending before an administrative law judge, with the presiding administrative law judge. (2) For an appeal pending before the review board, with the chairperson of the review board. If the request is approved, the underlying determination, or decision, shall become final. (f) After an appeal has been withdrawn, the appealing party may file a request for reinstatement of the appeal within seven (7) days after the date the notice of withdrawal was sent. The request must be filed as follows: (1) For an appeal before an administrative law judge, with the director of unemployment insurance appeals, or the director's designee. (2) For an appeal pending before the review board, the request shall be filed with the chairperson of the review board, or the chairperson's designee. The request for reinstatement must show good cause for the reinstatement and will be granted or denied at the discretion of the person described in subdivision (1) or (2), as applicable. No appeal shall be reinstated more than once after a withdrawal. As added by P.L.121-2026, SEC.46.

Ind. Code § 22-4-17-6.5 Decisions; findings and conclusions

Sec. 6.5. (a) The decision of an administrative law judge or review board must contain conclusions of law that are supported by specific findings of fact. The decision must be: (1) in writing; (2) electronically signed by the administrative law judge or the review board; and (3) sent to: (A) the named parties; and (B) their designated representatives or attorneys. (b) If a decision of the review board is not unanimous, the decision of the majority is controlling, but the dissenting member may file an opinion. (c) A decision of the review board that reverses, in whole or in part, the decision of the administrative law judge must contain its own findings and conclusions and may not incorporate by reference or restatement, in whole, the findings of the administrative law judge. As added by P.L.121-2026, SEC.47.

Ind. Code § 22-4-17-7 Disputed claims; hearings; subpoenas; depositions

Sec. 7. (a) In the discharge of the duties imposed by this article, the department, the review board, an administrative law judge, or any duly authorized representative of any of them, shall have power to administer oaths and affirmations, take depositions, certify to official acts, and issue and serve subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with the disputed claim or the administration of this article. (b) Whenever the attendance of a witness, or the production of documents or other evidence, is desired by any party to a hearing, the party must request the issuance of a subpoena. The request must be submitted to the administrative law judge in writing or by telephone directed to the clerk of the administrative law judge. If the request is made by telephone, the clerk will: (1) take the information from the requesting party; and (2) submit the request to the administrative law judge for consideration. The request must be made in time for the subpoena to be issued, and served, prior to the time and date of the hearing. The request will be granted or denied at the discretion of the administrative law judge. (c) A subpoena shall be issued only upon a showing of necessity by the party requesting the subpoena. The request for a subpoena must contain: (1) the name and address of the individual being subpoenaed; and (2) a description of the document, record, or object to be produced. (d) A subpoena, or a denial of a request for a subpoena, shall be served on all interested parties by the clerk of the administrative law judge. Subpoenas shall be enforced in the manner set forth in section 8 of this chapter. (e) In all hearings, proof may be made by oral testimony, by documentary exhibits, or by depositions when the convenience of the witnesses or the parties so requires. Depositions shall be taken in the manner set forth in the Indiana Rules of Trial Procedure. 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; P.L.171-2016, SEC.15; P.L.121-2026, SEC.48.

Ind. Code § 22-4-17-8 Disputed claims; subpoenas; contempt

Sec. 8. In case of contumacy by, or refusal to obey a subpoena issued to, any person in the administration of this article, any court of this state within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the department, the review board, or a duly authorized representative of either of these, shall have jurisdiction to issue to such person an order requiring such person to appear before the department, the review board, an administrative law judge, or the duly authorized representative of any of these, there to produce evidence if so ordered, or there to give testimony touching the matter in question or under investigation. Any failure to obey such order of the court may be punished by said court as a contempt thereof. Formerly: Acts 1947, c.208, s.1808. As amended by P.L.135-1990, SEC.12; P.L.108-2006, SEC.33; P.L.171-2016, SEC.16.

Ind. Code § 22-4-17-8.5 Disputed claims; hearings; exhibits

Sec. 8.5. (a) As used in this section, "interested party" means the following: (1) The claimant who filed the claim for benefits. (2) Any employer whose account may be affected by the adjudication of the claim. (3) Any employer in the claimant's base period. (4) Any employer: (A) who has made an offer of work to the claimant; or (B) to whose employment the claimant has been furnished a referral. (5) The claimant's last, separating employer prior to the filing of the claim. (b) Any interested party in the claim of an employee shall be entitled to a hearing before an administrative law judge relative to the merits of the claim. (c) Except as otherwise provided in this section, all hearings scheduled before an administrative law judge or the review board shall be set as telephone hearings, in which all parties to the appeal shall participate by telephone or other means of electronic communication. (d) A party to a hearing scheduled by telephone has a right to object to telephone or electronic participation and be allowed to participate in the hearing in person. An objection must be filed with the administrative law judge assigned to the case or the review board not later than three (3) days prior to the scheduled hearing date. A revised notice of hearing will then be sent to the parties, changing the type of hearing for the requesting party to an in-person hearing at the hearing site closest to where the employment services were performed. Whether the nonrequesting party will also be required to participate in person shall be at the discretion of the administrative law judge assigned to the case. (e) An administrative law judge or the review board may, at their discretion, schedule and conduct an in-person hearing. (f) When a hearing before an administrative law judge, or the review board, is scheduled by telephone, either with one (1) or both parties participating by telephone, the parties shall: (1) exchange any exhibits to be introduced into the record at the hearing; and (2) provide a copy of those exhibits in the form and manner prescribed by the department to the administrative law judge, or to the review board, no later than three (3) days prior to the scheduled hearing date. For exhibits mailed using certified mail or a private carrier, a copy of the certified mail mailing label or a copy of the label from a private carrier shall serve as proof of mailing. (g) If, at the time of the scheduled hearing, all participants have not received copies of any exhibits and the presenting party can establish proof that the party provided a copy of the exhibits in the form and manner prescribed by the department, the administrative law judge, or the review board, has the discretion of: (1) continuing the hearing in order to allow all participants to obtain copies of all exhibits; or (2) attempting to have any missing exhibits read into the record, while affording the opposing party the opportunity to object to the admission of the exhibits. If the presenting party cannot establish proof that the party provided a copy of the exhibits in the form and manner prescribed by the department, then the hearing will proceed as scheduled, without the consideration of the missing exhibits. (h) A party to a telephonic hearing before an administrative law judge, or the review board, shall submit one (1) contact telephone number for the hearing. If a party has a representative, or has witnesses, that party shall arrange for that party's representative, or witnesses, to be at that party's location, or shall arrange for the conferencing of the additional individuals into the hearing. Absent prior approval for calling additional numbers per party, an administrative law judge, or the review board, will call only one (1) contact telephone number per party. As added by P.L.173-1991, SEC.2. Amended by P.L.108-2006, SEC.34; P.L.200-2025, SEC.24; P.L.121-2026, SEC.49.

Ind. Code § 22-4-17-9 Disputed claims; self-incrimination; privileges and immunities

Sec. 9. No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the department, the review board, an administrative law judge, or the duly authorized representative of any of them, in obedience to the subpoena of any of them in any cause or proceeding before any of them on the ground that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture, but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the person is compelled after having claimed the privilege against self-incrimination to testify or produce evidence, documentary or otherwise, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. Any testimony or evidence submitted in due course before the department, the review board, an administrative law judge, or any duly authorized representative of any of them, shall be deemed a communication presumptively privileged with respect to any civil action except actions 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; P.L.171-2016, SEC.17.

Ind. Code § 22-4-17-10 Repealed

Formerly: Acts 1947, c.208, s.1810. As amended by P.L.144-1986, SEC.108. Repealed by P.L.175-2009, SEC.48.

Ind. Code § 22-4-17-11 Disputed claims; appeal; notice; stay of proceedings

Sec. 11. (a) Any decision of the review board, in the absence of appeal as provided in this section, shall become final thirty (30) days after the date the decision is sent to the interested parties. The review board shall send with the decision a notice informing the interested parties of their right to appeal the decision to the court of appeals of Indiana. The notice shall inform the parties that they have thirty (30) days from the date the notice was sent by the review board within which to file a notice of intention to appeal, and that in order to perfect the appeal they must request the preparation of a transcript in accordance with section 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 appeal the decision, that action shall stay all further proceedings under or by virtue of the review board decision for a period of thirty (30) days from the date of the filing of the notice, and, if the appeal is perfected, further proceedings shall be further stayed pending the final determination of the appeal. However, if an appeal from the decision of the review board is not perfected within the time provided for by this chapter, no action or proceeding shall be further stayed. Formerly: Acts 1947, c.208, s.1811; Acts 1957, c.299, s.5. As amended by P.L.34-1985, SEC.8; P.L.21-1995, SEC.89; P.L.121-2014, SEC.16; P.L.122-2019, SEC.31.

Ind. Code § 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 conclusive and binding as to all questions of fact. Either party to the dispute or the commissioner may, within thirty (30) days after notice of intention to appeal as provided in this section, appeal the decision to the court of appeals of Indiana for errors of law under the same terms and conditions as govern appeals in ordinary civil actions. (b) In every appeal the review board shall be made a party appellee, and the review board shall, at the written request of the appellant and after payment of the uniform average fee required in subsection (c) is made, prepare a transcript of all the proceedings had before the administrative law judge and review board, which shall contain a transcript of all the testimony, together with all objections and rulings thereon, documents and papers introduced into evidence or offered as evidence, and all rulings as to their admission into evidence. The transcript shall be certified by the chairman of the review board and shall constitute the record upon appeal. (c) All expenses incurred in the preparation of the transcript shall be charged to the appellant. The fee for a transcript shall be the actual cost of preparation that may include the cost of materials, reproduction, postage, handling, and hours of service rendered by the preparer. The commissioner shall establish a uniform average fee to be paid by the appellant before the transcript is prepared. After the transcript is completed, the actual cost shall be determined and the appellant shall either pay the amount remaining above the uniform average fee or be refunded the amount the uniform average fee exceeds the actual cost of preparation. The commissioner shall establish the procedure by which transcript fees are determined and paid. (d) Notwithstanding subsections (b) and (c), the appellant may request that a transcript of all proceedings had before the administrative law judge and review board be prepared at no cost to the appellant by filing with the review board, under oath and in writing, a statement: (1) declaring that the appellant is unable to pay for the preparation of the transcript because of the appellant's poverty; (2) setting forth the facts that render the appellant unable to pay for 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 preparation of the transcript because of the appellant's poverty, the review board shall prepare a transcript at no cost to the appellant. (e) The review board may, upon its own motion, or at the request of either party upon a showing of sufficient reason, extend the limit within which the appeal shall be taken, not to exceed fifteen (15) days. In every case in which an extension is granted, the extension shall appear in the record of the proceeding filed in the court of appeals. (f) The appellant shall attach to the transcript an assignment of errors. An assignment of errors that the decision of the review board is contrary to law shall be sufficient to present both the sufficiency of the facts found to sustain the decision and the sufficiency of the evidence to sustain the findings of facts. In any appeal under this section, no bond shall be required for entering the appeal. (g) All appeals shall be considered as submitted upon the date filed in the court of appeals, shall be advanced upon the docket of the court, and shall be determined without delay in the order of priority. Upon the final determination of the appeal, the review board shall enter an order in accordance with the determination, and the decision shall be final. The court of appeals may in any appeal remand the proceeding to the review board for the taking of additional evidence, setting time limits therefor, and ordering the additional evidence to be certified by the review board to the court of appeals to be used in the determination of the cause. (h) Any finding of fact, judgment, conclusion, or final order made by a person with the authority to make findings of fact or law in an action or proceeding under this article is not conclusive or binding and shall not be used as evidence in a separate or subsequent action or proceeding between an individual and the individual's present or prior employer in an action or proceeding brought before an arbitrator, a court, or a judge of this state or the United States regardless of whether the prior action was between the same or related parties or involved the same facts. Formerly: Acts 1947, c.208, s.1812; Acts 1957, c.299, s.6. As amended 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.

Ind. Code § 22-4-17-13 Disputed claims; certifying questions of law; priorities

Sec. 13. The review board, on its own motion, may certify questions of law to the supreme court or the court of appeals for a decision and determination. All such certified questions of law shall be considered submitted upon the date filed in the supreme court or the court of appeals and shall be advanced upon the docket of the court 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.

Ind. Code § 22-4-17-14 Notices

Sec. 14. (a) This section applies to notices given under sections 2, 3, 6.3, 8.5, 11, and 12 of this chapter. This section does not apply to rules adopted by the department, unless specifically provided. (b) As used in this section, "notices" includes mailings of notices, determinations, decisions, orders, motions, or the filing of any document with the appellate division or review board. (c) Notice of all hearings or proceedings before an administrative law judge, or the review board, unless otherwise directed by statute, shall be given by: (1) United States mail, with proof of mailing being prima facie evidence of service; or (2) facsimile or electronic means, addressed to the parties' addresses of record on file with the department. (d) A document mailed or electronically transmitted to a party is presumed to be received if the document was mailed or electronically transmitted to the complete, correct address of record unless: (1) there is tangible evidence of nondelivery, such as the document being returned to the department by the United States Postal Service; or (2) credible and persuasive evidence is submitted to the department to establish nondelivery, delayed delivery, or misdelivery of the document. (e) If a notice is served through the United States mail, three (3) days must be added to a period that commences upon service of that notice. (f) The filing of a document with the appellate division or review board is complete on the earliest of the following dates that apply to the filing: (1) The date on which the document is delivered to the appellate division or review board. (2) The date of the postmark on the envelope containing the document if the document is mailed to the appellate division or review board by the United States Postal Service. (3) The date on which the document is deposited with a private carrier, as shown by a receipt issued by the carrier, if the document is sent to the appellate division or review board by a private carrier. As added by P.L.135-1990, SEC.15. Amended by P.L.173-1991, SEC.3; P.L.108-2006, SEC.36; P.L.171-2016, SEC.18; P.L.121-2026, SEC.50.

Ind. Code § 22-4-17-15 Impartial administrative law judge

Sec. 15. (a) An administrative law judge may not preside over or otherwise participate in the hearing or disposition of an appeal in which 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 facts concerning 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 or other interest in the subject matter of an appeal or in a party to the appeal. (b) Disqualification of an administrative law judge shall be in accordance with the rules adopted by the department. (c) This subsection does not apply to the disposition of ex parte matters specifically authorized by statute or rule. An administrative law judge may not communicate, directly or indirectly, regarding any substantive issue in the appeal while the appeal is pending, with any party to the appeal, or with any individual who has a direct or indirect interest in the outcome of the appeal, without notice and opportunity for all parties to participate in the communication. As added by P.L.135-1990, SEC.16. Amended by P.L.171-2016, SEC.19.

Ind. Code § 22-4-17-16 Computation of time

Sec. 16. When computing any period of time prescribed or allowed by this article, by order of an administrative law judge or the review board, or by any applicable statute, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed is to be included, unless it is: (1) a Saturday; (2) a Sunday; (3) a legal holiday as defined by state statute; or (4) a day that the department is closed during regular business hours. If the last day of the response period falls on a day described in subdivisions (1) through (4), then the period runs until the end of the next regular business day of the department. As added by P.L.121-2026, SEC.51.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/22Fetched: 10/17/2026