reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 15. Disqualification for Benefits › 22-4-15-6.1. Gross Misconduct

Sec. 6.1. (a) Notwithstanding any other provisions of this article, all of the individual's wage credits established prior to the day upon which the individual was discharged for gross misconduct in connection with work are canceled.
(b) As used in this section, "gross misconduct" means any of the following committed in connection with work, as determined by the department by a preponderance of the evidence:
(1) A felony.
(2) A Class A misdemeanor.
(3) Working, or reporting for work, in a state of intoxication caused by the individual's use of alcohol or a controlled substance (as defined in IC 35-48-1-9).
(4) Battery on another individual while on the employer's property or during working hours.
(5) Theft or embezzlement.
(6) Fraud.
(c) If evidence is presented that an action or requirement of the employer may have caused the conduct that is the basis for the employee's discharge, the conduct is not gross misconduct under this section.
(d) Lawful conduct not otherwise prohibited by an employer is not gross misconduct under this section.
As added by P.L.1-1991, SEC.151. Amended by P.L.175-2009, SEC.25; P.L.121-2014, SEC.14.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 15. Disqualification for Benefits › 22-4-15-7. Repealed

Formerly: Acts 1947, c.208, s.1508. As added by Acts 1953, c.177, s.20. As amended by Acts 1965, c.190, s.10. Repealed by Acts 1971, P.L.355, SEC.47.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 15. Disqualification for Benefits › 22-4-15-8. Private Unemployment Benefit Plans

Sec. 8. Notwithstanding any other provisions of this article, benefits otherwise payable for any week under this article shall not be denied or reduced on account of any payment or payments the claimant receives, has received, will receive, or accrues right to receive with respect to or based upon such week under a private unemployment benefit plan financed in whole or part by the claimant's employer or former employer. No claim for repayment of benefits and no deduction from benefits otherwise payable under this article shall be made under IC 22-4-13-1(d) and IC 22-4-13-1(e) because of payments which have been or will be made under such private unemployment benefit plans. However, a payment of private unemployment benefits that is conditional upon the signing of a release of employment related claims against the claimant's employer is severance pay and is deductible income as prescribed by IC 22-4-5-2.
Formerly: Acts 1947, c.208, s.1509; Acts 1957, c.129, s.2; Acts 1959, c.241, s.1. As amended by P.L.144-1986, SEC.104; P.L.108-2006, SEC.27; P.L.121-2014, SEC.15.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 16. Failure to Disclose Earnings › 22-4-16-1. Repealed

Formerly: Acts 1947, c.208, s.1601; Acts 1953, c.177, s.21. As amended by Acts 1978, P.L.2, SEC.2216; Acts 1980, P.L.158, SEC.9. Repealed by P.L.108-2006, SEC.66.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 17. Claims for Benefits › 22-4-17-1. Rules; Mass Layoffs; Extended Benefits; Posting

Sec. 1. (a) Claims for benefits shall be made in accordance with rules adopted by the department. 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 required by the provisions of IC 22-4-2-34(f) 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 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.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 17. Claims for Benefits › 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.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 17. Claims for Benefits › 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.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 17. Claims for Benefits › 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.
As added by P.L.120-2016, SEC.2.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 17. Claims for Benefits › 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.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 17. Claims for Benefits › 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.
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.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 17. Claims for Benefits › 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 rules adopted by the department for determining the rights of the parties, whether or not the rules conform to common law or statutory rules of evidence and other technical rules of procedure.
(b) The proceedings before an administrative law judge are de novo, except as provided in subsection (c).
(c) 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 (d) 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 through the following:
(1) The United States mail.
(2) The department's electronic portal.
(d) 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 need not be transcribed unless the disputed claim is further appealed.
(e) 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.
(f) 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.
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.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 17. Claims for Benefits › 22-4-17-7. Disputed Claims; Hearings; Subpoenas; Production of Books and Papers

Sec. 7. 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.
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.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 17. Claims for Benefits › 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.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 17. Claims for Benefits › 22-4-17-8.5. Disputed Claims; Hearing by Telephone

Sec. 8.5. (a) As used in this section, "interested party" has the meaning set forth in 646 IAC 3-12-1.
(b) An administrative law judge or the review board may hold a hearing under this chapter by telephone if any of the following conditions exist:
(1) The claimant or the employer is not located in Indiana.
(2) An interested party requests without an objection being filed as provided in 646 IAC 3-12-21 that the hearing be held by telephone.
(3) An interested party cannot appear in person because of an illness or injury to the party.
(4) In the case of a hearing before an administrative law judge, the administrative law judge determines without any interested party filing an objection as provided in 646 IAC 3-12-21 that a hearing by telephone is proper and just.
(5) In the case of a hearing before the review board, the issue to be adjudicated does not require both parties to be present.
(6) In the case of a hearing before the review board, the review board has determined that a hearing by telephone is proper and just.
As added by P.L.173-1991, SEC.2. Amended by P.L.108-2006, SEC.34.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 17. Claims for Benefits › 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.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 17. Claims for Benefits › 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.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 17. Claims for Benefits › 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.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 17. Claims for Benefits › 22-4-17-14. Notices

Sec. 14. (a) This section applies to notices given under sections 2, 3, 11, and 12 of this chapter. This section does not apply to 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) 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.
(d) 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.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 17. Claims for Benefits › 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.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 18. Department of Workforce Development; Indiana Unemployment Insurance Board › 22-4-18-2. Repealed

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. Repealed by P.L.171-2016, SEC.21.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 18. Department of Workforce Development; Indiana Unemployment Insurance Board › 22-4-18-3. Repealed

Formerly: Acts 1947, c.208, s.1903; Acts 1965, c.190, s.13. As amended by P.L.18-1987, SEC.54. Repealed by P.L.105-1994, SEC.6.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 18. Department of Workforce Development; Indiana Unemployment Insurance Board › 22-4-18-4. Administration of Programs

Sec. 4. The department of workforce development established under IC 22-4.1-2-1 shall administer job training and placement services and unemployment insurance.
Formerly: Acts 1947, c.208, s.1904; Acts 1955, c.317, s.11. As amended 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.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 18. Department of Workforce Development; Indiana Unemployment Insurance Board › 22-4-18-4.2. Requirement That Administrative Law Judges Be Licensed Attorneys

Sec. 4.2. Each administrative law judge employed or used by the department of workforce development must be an attorney who is licensed to practice law in Indiana.
As added by P.L.110-2010, SEC.32.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 18. Department of Workforce Development; Indiana Unemployment Insurance Board › 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 shall determine the number of claims filed, the number of individuals entitled to receive unemployment benefits under this article, and the amount of benefits charged to the fund for those individuals who qualified 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 prior calendar year to the legislative council before June 30 of each year.
As added by P.L.189-2003, SEC.7.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 18. Department of Workforce Development; Indiana Unemployment Insurance Board › 22-4-18-5. Repealed

As added by P.L.227-1983, SEC.9. Amended by P.L.129-1984, SEC.3; P.L.20-1986, SEC.12; P.L.18-1987, SEC.56; P.L.220-1989, SEC.2; P.L.174-1991, SEC.1. Repealed by P.L.2-1995, SEC.140.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 18. Department of Workforce Development; Indiana Unemployment Insurance Board › 22-4-18-6. Repealed

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; P.L.6-2012, SEC.155. Repealed by P.L.69-2015, SEC.17.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 18. Department of Workforce Development; Indiana Unemployment Insurance Board › 22-4-18-7. Repealed

As added by P.L.179-1999, SEC.2. Amended by P.L.28-2004, SEC.159. Repealed by P.L.69-2015, SEC.18.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 19. Administration of Department of Workforce Development › 22-4-19-1. Rules and Regulations; Investigations; Change of Rates

Sec. 1. The department 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 such investigations and take such other action as it may deem necessary or suitable for the proper administration of this article. All rules and regulations issued under the provisions of this article shall be effective upon publication in the manner hereinafter provided and shall have the force and effect of law. The department may prescribe the extent, if any, to which any rule or regulation so issued or legal interpretation of this article shall be with or without retroactive effect. Whenever the department believes that a change in contribution or benefit rates will become necessary to protect the solvency of the unemployment insurance benefit fund, the department shall promptly so inform the governor and the general assembly, and make recommendations with respect thereto.
Formerly: Acts 1947, c.208, s.2001. As amended by Acts 1978, P.L.6, SEC.32; P.L.108-2006, SEC.38; P.L.171-2016, SEC.24.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 19. Administration of Department of Workforce Development › 22-4-19-2. Repealed

Formerly: Acts 1947, c.208, s.2002; Acts 1953, c.177, s.23. As amended by P.L.144-1986, SEC.110. Repealed by P.L.108-2006, SEC.66.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 19. Administration of Department of Workforce Development › 22-4-19-3. Repealed

Formerly: Acts 1947, c.208, s.2003. As amended by Acts 1979, P.L.17, SEC.35. Repealed by P.L.108-2006, SEC.66.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 19. Administration of Department of Workforce Development › 22-4-19-6.5. Information Available Through Enhanced Electronic Access System

Sec. 6.5. (a) The department may make available through the enhanced electronic access system established by the office of technology established by IC 4-13.1-2-1 secure electronic access for creditors to employer provided information on the amount of wages paid by an employer to an employee.
(b) The enhanced electronic access system established by the office of technology may enter into a contract with one (1) or more private entities to allow private entities to provide secure electronic access to employer provided information held by the department on the amount of wages paid by an employer to an employee.
(c) A creditor may obtain wage report information from a private entity if the creditor first obtains written consent from the employee whose information the creditor seeks to obtain. A creditor that has entered into a contract with the enhanced electronic access system must retain a written consent received under this section for at least three (3) years or for the length of the loan if the loan is for less than three (3) years.
(d) Written consent from the employee must include the following:
(1) A statement that the written consent is the authorization for the creditor to obtain information on the employee's employment and wage history.
(2) A statement that the information is obtained solely for the purpose of reviewing a specific application for credit.
(3) Notification that state agency files containing employment and wage history will be accessed to provide the information.
(4) A listing of all parties that will receive the information obtained.
(e) Information under this section may only be released to a creditor for the purpose of satisfying the standard underwriting requirements 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 of information must be paid by the private entity or entities that contract with the enhanced electronic access system established by the office of technology.
(g) For employee information under this section, a private entity that enters a contract with the enhanced electronic access system established by the office of technology for release of employee information 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 the United States Department of Labor.
(h) A private entity that has entered into a contract with the enhanced electronic access system under subsection (b) must maintain a consent verification system that audits at least five percent (5%) of daily transactions and must maintain a file of audit procedures and results.
(i) A person who violates this section commits a Class A infraction.
As added by P.L.226-1999, SEC.1. Amended by P.L.177-2005, SEC.43.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 19. Administration of Department of Workforce Development › 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 of the records thereof, shall fail or refuse upon demand by the department, the review board, or an administrative law judge, or the duly authorized representative of any of them, to produce or permit the examination or copying of any book, paper, account, record, or other data pertaining to payrolls or employment or ownership of interests or stock in any employing unit, or bearing upon the correctness of any contribution report, or for the purpose of making a report as required by this article where none has been made, then and in that event the department, the review board, or the administrative law judge, or the duly authorized representative of any of them, may by issuance of a subpoena require the attendance of such employing unit, or any officer, member, or agent thereof or any other person having possession of the records thereof, and take testimony with respect to any such matter and may require any such person to produce any books or records specified in such 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; P.L.171-2016, SEC.26.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 19. Administration of Department of Workforce Development › 22-4-19-9. Payroll Reports; Preparation

Sec. 9. If any employing unit fails to make any payroll report required by this article, the commissioner shall give written notice by mail 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 proper members, officers, or agents, fails or refuses to make and file the report within such time, the report shall be made by the department from the best information available, and the amount of contribution due shall be computed thereon and the report shall be prima facie correct for the purposes of this article.
Formerly: Acts 1947, c.208, s.2009; Acts 1951, c.295, s.11. As amended 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; P.L.42-2011, SEC.42.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 19. Administration of Department of Workforce Development › 22-4-19-10. Reports; Failure to File; Penalties

Sec. 10. Any employing unit which negligently or willfully fails to submit any report of information required for the proper administration of this article demanded by the commissioner within ten (10) days after request for the same is sent to the employing unit by 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; P.L.122-2019, SEC.33.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 19. Administration of Department of Workforce Development › 22-4-19-11. Records; Destruction

Sec. 11. The commissioner may destroy or otherwise dispose of under IC 5-15-5.1-14 such reports or records as have been properly recorded 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.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 19. Administration of Department of Workforce Development › 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 another state or foreign government for misrepresentation or failure to disclose a material fact to obtain benefits under the law of this state, shall be made available to the agency administering the employment security law of any such state or foreign government for the purpose of such prosecution.
Formerly: Acts 1947, c.208, s.2012; Acts 1951, c.295, s.11 1/2.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 19. Administration of Department of Workforce Development › 22-4-19-14. Federal Laws; Invalidity or Stay; Suspension of Article

Sec. 14. If the department determines that Public Law 94-566 or the federal laws it amends have been adjudged unconstitutional or invalid in its application to, or have been stayed pendente lite as to, a state or a political subdivision or an instrumentality which is wholly owned by the state and one (1) or more other states or political subdivisions and its employees by any court of competent jurisdiction, the department shall suspend the enforcement of this article with respect to these employers and employees to the extent of the adjudged unconstitutionality or inapplicability or of the stay.
As added by Acts 1977, P.L.262, SEC.28. Amended by P.L.171-2016, SEC.28.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 19. Administration of Department of Workforce Development › 22-4-19-15. Information Sharing Concerning Construction Workers Misclassified as Independent Contractors

Sec. 15. (a) As used in this section, "contractor" means:
(1) a sole proprietor;
(2) a partnership;
(3) a firm;
(4) a corporation;
(5) a limited liability company;
(6) an association; or
(7) another legal entity;
that engages in construction and is authorized by law to do business in Indiana. The term includes a general contractor, a subcontractor, and a lower tiered contractor. The term does not include the state, the federal government, or a political subdivision.
(b) The department shall cooperate with the:
(1) department of labor created by IC 22-1-1-1;
(2) department of state revenue established by IC 6-8.1-2-1; and
(3) worker's compensation board of Indiana created by IC 22-3-1-1(a);
by sharing information concerning any suspected improper classification by a contractor of an individual as an independent contractor (as defined in IC 22-3-6-1(b)(7) or IC 22-3-7-9(b)(5)).
(c) For purposes of IC 5-14-3-4, information shared under this section is confidential, may not be published, and is not open to public inspection.
(d) An officer or employee of the department who knowingly or intentionally discloses information that is confidential under this section commits a Class A misdemeanor.
As added by P.L.69-2015, SEC.21.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 20. Uncollectible Claims Against Employers for Contributions › 22-4-20-1. Cancellation; Records

Sec. 1. (a) Whenever the commissioner shall consider any account or claim for contributions against an employer, and any penalty or interest due, or any part of the penalty or interest, to be uncollectible, written notification containing appropriate information shall be furnished to the attorney general by the commissioner setting forth the reasons and the extent to which collection proceedings have been taken. The attorney general may review the notice and may undertake additional investigation as to the facts regarding the collection proceedings, and shall certify to the commissioner an opinion as to the collectibility of the account or claim. If the attorney general consents to the cancellation of a claim for delinquent contributions, and any interest or penalty due, the department may then cancel all or any part of the claim.
(b) In addition to the procedure for cancellation of claims for delinquent contributions set out in subsection (a), the department may cancel all or any part of a claim for delinquent contributions against an employer if all of the following conditions are met:
(1) The employer's account has been delinquent for at least seven (7) years.
(2) The commissioner has determined that the account is uncollectible and has recommended that the department cancel the claim for delinquent contributions.
(c) When a claim or any part of a claim is cancelled by the department, there shall be placed in the files and records of the department, in the appropriate place for the same, a statement of the amount of contributions, any interest or penalty due, and the action of the department taken with relation to the claim, together with the reasons for the action.
Formerly: Acts 1947, c.208, s.2101; Acts 1957, c.299, s.7. As amended by P.L.18-1987, SEC.61; P.L.80-1990, SEC.15; P.L.21-1995, SEC.102; P.L.290-2001, SEC.18; P.L.175-2009, SEC.35; P.L.171-2016, SEC.29; P.L.122-2019, SEC.35.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 21. Intergovernmental Cooperation › 22-4-21-1. Reports

Sec. 1. In the administration of this article the department shall cooperate to the fullest extent consistent with the provisions of this article with the federal Department of Labor, shall make such reports in such form and containing such information as the federal Department of Labor may from time to time require and shall comply with such provisions as the federal Department of Labor may from time to time find necessary to insure the correctness and verification of such reports, and shall comply with the regulations prescribed by the Secretary of Labor governing the expenditures of such sums as may be allotted and paid to the state of Indiana under 42 U.S.C. 501 through 504 or any other federal statute for the purpose of assisting in the administration of this article.
Formerly: Acts 1947, c.208, s.2201; Acts 1951, c.295, s.12. As amended by P.L.144-1986, SEC.115; P.L.171-2016, SEC.30.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 21. Intergovernmental Cooperation › 22-4-21-2. Public Works or Assistance; Administration; Reports

Sec. 2. Upon request therefor the department shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment the name, address, ordinary occupation, and employment status of each recipient of benefits and such recipient's rights to further benefits under this article.
Formerly: Acts 1947, c.208, s.2202. As amended by P.L.144-1986, SEC.116; P.L.171-2016, SEC.31.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 21. Intergovernmental Cooperation › 22-4-21-3. Availability of Records to Railroad Retirement Board

Sec. 3. The commissioner may make the records of the department relating to the administration of this article available to the railroad retirement board created by 45 U.S.C. 228j, or any amendments thereto, and may furnish the railroad retirement board, at the expense of such railroad retirement board, such copies thereof as the railroad retirement board deems necessary for its purposes.
Formerly: Acts 1947, c.208, s.2203. As amended by P.L.144-1986, SEC.117; P.L.18-1987, SEC.62; P.L.21-1995, SEC.103.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 21. Intergovernmental Cooperation › 22-4-21-4. Foreign States; Cooperation

Sec. 4. The department may afford reasonable cooperation with every agency of the United States of America, or with any state charged with the administration of any unemployment compensation law.
Formerly: Acts 1947, c.208, s.2204. As amended by P.L.171-2016, SEC.32.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 22. Administration of Intergovernmental Cooperation › 22-4-22-1. Benefits; Payments

Sec. 1. The department shall enter into arrangements with the appropriate agencies of other states or jurisdictions or the United States of America whereby individuals performing services in this and other states or jurisdictions for a single employing unit under circumstances not specifically provided for in IC 22-4-8-2(b), or under similar provisions in the unemployment compensation laws of such other states or jurisdictions, shall be deemed to be employment performed entirely within this state or within one (1) of such other states or jurisdictions, and whereby potential rights to benefits accumulated under the unemployment compensation laws of several states or jurisdictions, or under such a law of the United States of America, or both, may constitute the basis for the payment of benefits through a single appropriate agency under the terms which the department finds will be fair and reasonable to all affected interests and will not result in substantial loss to the fund.
Formerly: Acts 1947, c.208, s.2301; Acts 1971, P.L.355, SEC.45. As amended by P.L.171-2016, SEC.33.