reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 32. Employer Liability, Rights, and Remedies › 22-4-32-6. Disputes; Parties

Sec. 6. Any interested party to the dispute shall mean and include the protesting employing unit, the commissioner, and any person appearing to the liability administrative law judge to be necessary or indispensable to the determination of the issues involved in the hearing.
Formerly: Acts 1947, c.208, s.3306; Acts 1957, c.299, s.11. As amended by P.L.18-1987, SEC.88; P.L.135-1990, SEC.27; P.L.21-1995, SEC.122.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 32. Employer Liability, Rights, and Remedies › 22-4-32-7. Disputes; Finding and Decision; Notice of Appeal

Sec. 7. After the hearing the liability administrative law judge shall as soon as practicable notify the interested parties in writing of the finding and decision of the liability administrative law judge, which shall become final thirty (30) days thereafter in the absence of the filing of a notice of appeal as provided in this chapter.
Formerly: Acts 1947, c.208, s.3307. As amended by P.L.18-1987, SEC.89; P.L.135-1990, SEC.28; P.L.108-2006, SEC.57.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 32. Employer Liability, Rights, and Remedies › 22-4-32-8. Disputes; Appeals; Notice

Sec. 8. A notice of appeal shall be served on the adverse party at any time before the decision of the liability administrative law judge becomes final, and shall stay the finality of the decision for thirty (30) days from the service of such notice. If such appeal is perfected, further proceedings shall be stayed pending the final determination of said appeal. If an appeal from the decision of the liability administrative law judge is not perfected within the time provided for by this article, no action or proceeding shall be further stayed.
Formerly: Acts 1947, c.208, s.3308; Acts 1951, c.295, s.19. As amended by P.L.144-1986, SEC.140; P.L.135-1990, SEC.29; P.L.108-2006, SEC.58.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 32. Employer Liability, Rights, and Remedies › 22-4-32-9. Disputes; Appeals; Use of Evidence in Separate or Subsequent Actions

Sec. 9. (a) Any decision of the liability administrative law judge shall be conclusive and binding as to all questions of fact. An interested party to the dispute may, within thirty (30) days after notice of intention to appeal as provided in section 8 of this chapter, appeal the decision to the supreme court or the court of appeals solely for errors of law under the same terms and conditions as govern appeals in ordinary civil actions.
(b) 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.3309; Acts 1951, c.295, s.20. As amended by P.L.3-1989, SEC.135; P.L.135-1990, SEC.30; P.L.21-1995, SEC.123; P.L.136-2018, SEC.118.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 32. Employer Liability, Rights, and Remedies › 22-4-32-10. Disputes; Hearings; Transcript of Record

Sec. 10. A full and complete record shall be kept of all proceedings had before the liability administrative law judge, and all testimony shall be retained in a suitable media such as an audio recording or a transcription by a court reporter. The liability administrative law judge shall, at the timely request of the appellant in the form and manner prescribed by the department, have a transcript prepared of all the proceedings had before the liability administrative law judge, which shall contain a transcript of all the testimony, together with all objections and rulings on the testimony, documents and papers introduced as evidence or offered as evidence, and all rulings as to their admission into evidence, which the transcript shall be certified by the liability administrative law judge and shall constitute the record on appeal.
Formerly: Acts 1947, c.208, s.3310; Acts 1951, c.295, s.21. As amended by P.L.135-1990, SEC.31; P.L.105-1994, SEC.4; P.L.122-2019, SEC.43.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 32. Employer Liability, Rights, and Remedies › 22-4-32-11. Disputes; Appeals; Deposit

Sec. 11. The department, by rule, may require the appellant to deposit with the department an amount sufficient to pay the actual costs of preparing the transcript of the record of the proceedings before the liability administrative law judge before preparing the same.
Formerly: Acts 1947, c.208, s.3311; Acts 1951, c.295, s.22. As amended by P.L.18-1987, SEC.90; P.L.135-1990, SEC.32; P.L.108-2006, SEC.59.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 32. Employer Liability, Rights, and Remedies › 22-4-32-12. Disputes; Assignment of Errors

Sec. 12. The appellant shall attach to said transcript an assignment of errors. An assignment of errors that the decision of the liability administrative law judge 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 finding of facts.
Formerly: Acts 1947, c.208, s.3312; Acts 1951, c.295, s.23. As amended by P.L.135-1990, SEC.33.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 32. Employer Liability, Rights, and Remedies › 22-4-32-13. Disputes; Appeals; Priorities

Sec. 13. All appeals shall be submitted upon the date filed in the supreme court or the court of appeals, shall be advanced upon the docket of the court, and shall be determined without delay in the order of priority. The supreme court or the court of appeals may in any such appeal remand the proceedings to the liability administrative law judge for the taking of additional evidence, setting time limits therefor, and ordering such additional evidence to be certified by the liability administrative law judge to the remanding court to be used in the determination of the cause.
Formerly: Acts 1947, c.208, s.3313; Acts 1951, c.295, s.24. As amended by P.L.3-1989, SEC.136; P.L.135-1990, SEC.34.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 32. Employer Liability, Rights, and Remedies › 22-4-32-14. Repealed

Formerly: Acts 1947, c.208, s.3313. As amended by Acts 1951, c.295, s.24. Repealed by Acts 1972, P.L.8, SEC.9.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 32. Employer Liability, Rights, and Remedies › 22-4-32-15. Assessment of Contribution; Appeal; Security for Cost

Sec. 15. No judicial review proceeding shall be entertained by the court with respect to the assessment of any contributions, interest or penalties, unless the court finds that the payment of such assessment is secured by bond, deposit or otherwise as the court may approve. The bond shall be in such an amount necessary to insure the payment of the assessment stayed, and court costs, if any, which may be incurred in this action.
Formerly: Acts 1947, c.208, s.3315; Acts 1955, c.317, s.13.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 32. Employer Liability, Rights, and Remedies › 22-4-32-16. Insolvency Proceedings; Delinquent Contributions; Priorities

Sec. 16. In the event of any distribution of any employer's assets pursuant to an order of any court under the laws of this state including but not necessarily limited to any receivership, assignment for benefit of creditors, adjudicated insolvency, composition or similar proceeding, contributions then or thereafter due shall be paid in full prior to all other claims except claims for remuneration.
Formerly: Acts 1947, c.208, s.3318. As amended by P.L.290-2001, SEC.26; P.L.175-2009, SEC.39.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 32. Employer Liability, Rights, and Remedies › 22-4-32-17. Fiduciaries; Final Report; Notice of Payment of Contribution

Sec. 17. No final report or act of any executor, administrator, receiver, other fiduciary, or other officer engaged in administering the assets of any employer subject to the payment of contributions under this article and acting under the authority and supervision of any court shall be allowed or approved by the court unless such report or account shows and the court finds that all contributions, interest, and penalties imposed by this article have been paid pursuant to this section, and that all contributions which may become due under this article are secured by bond or deposit.
Formerly: Acts 1947, c.208, s.3319. As amended by P.L.144-1986, SEC.141; P.L.290-2001, SEC.27; P.L.175-2009, SEC.40.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 32. Employer Liability, Rights, and Remedies › 22-4-32-18. Dissolution of Companies; Payment of Contributions; Certificate

Sec. 18. To the end that the purposes of this article may be effectively enforced and administered, it is the declared intention of the general assembly that in all cases of legal distributions and dissolutions the commissioner shall have actual notice before any fiduciary administering the affairs of an employer subject to the payment of contributions under this article may file the fiduciary's final report with the court under whose authority and supervision such fiduciary acts. From and after April 1, 1947, no such final report shall be filed unless a copy thereof has been served upon the commissioner by mailing a copy thereof by registered mail to the commissioner at the commissioner's office in Indianapolis at least ten (10) days prior to the filing of the same with the court. Such final report shall contain a statement that a copy thereof was served in the manner provided in this section upon the commissioner, and before such final report may be approved by the court there shall be filed in said cause a certificate from the commissioner that this section has been fully complied with in the administration of the affairs of said employer. In the event that the commissioner shall not have been served with a copy of the final report as provided in this section and the fiduciary or other officer of the court administering the affairs of any such employer shall have been discharged and the fiduciary's or other officer's final report approved, the commissioner may at any time within one (1) year from the date upon which such final report was approved file a petition with the court alleging that there was not full compliance with this section and the court, upon being satisfied that the commissioner was not fully advised of the proceedings relative to the filing and approval of the final report as provided in this section, shall set aside its approval of said final report with the result that the proceedings shall be reinstated as though no final report had been filed in the first instance and shall proceed from that point in the manner provided by law and not inconsistent with the provisions of this section.
Formerly: Acts 1947, c.208, s.3320. As amended by P.L.144-1986, SEC.142; P.L.18-1987, SEC.91; P.L.21-1995, SEC.124; P.L.290-2001, SEC.28; P.L.42-2011, SEC.45.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 32. Employer Liability, Rights, and Remedies › 22-4-32-19. Adjustments or Refunds; Application; Time Limit

Sec. 19. (a) The department may grant an application for adjustment or refund, make an adjustment or refund, or set off a refund as follows:
(1) Not later than four (4) years after the date upon which any contributions or interest on the contributions were assessed, an employing unit which has paid the contributions or interest on the contributions may make application for an adjustment or a refund of the contributions or an adjustment in connection with subsequent contribution payments. The department shall determine whether or not the contribution or interest, or any portion of the contribution or interest, was erroneously paid or wrongfully assessed.
(2) The department may grant an application in whole or in part and may make an adjustment, without interest, in connection with subsequent contribution payments or refund the amounts, without interest, from the fund. Adjustments or refund may be made on the commissioner's own initiative.
(3) Any adjustments or refunds of interest or penalties collected for contributions due under IC 22-4-10-1 shall be charged to and paid from the special employment and training services fund created by IC 22-4-25.
(4) The department may set off any refund available to an employer under this section against any delinquent contributions, payments in lieu of contributions, and the interest and penalties, if any, related to the delinquent payments and assessments.
(b) Any decision by the department to:
(1) grant an application for adjustment or refund;
(2) make an adjustment or refund on its own initiative; or
(3) set off a refund;
constitutes the initial determination referred to in section 4 of this chapter and is subject to hearing and review as provided in sections 1 through 15 of this chapter.
(c) If any assessment has become final by virtue of a decision of a liability administrative law judge with the result that no proceeding for judicial review as provided in this article was instituted, no refund or adjustment with respect to an assessment shall be made.
Formerly: Acts 1947, c.208, s.3321; Acts 1967, c.310, s.23. As amended by P.L.144-1986, SEC.143; P.L.18-1987, SEC.92; P.L.135-1990, SEC.35; P.L.21-1995, SEC.125; P.L.290-2001, SEC.29; P.L.202-2005, SEC.6; P.L.108-2006, SEC.60; P.L.175-2009, SEC.41; P.L.122-2019, SEC.44.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 32. Employer Liability, Rights, and Remedies › 22-4-32-20. Contributions; Penalties; Personal Liability of Employer

Sec. 20. The contributions, penalties, and interest due from any employer under the provisions of this article from the time they shall be due shall be a personal liability of the employer to and for the benefit of the fund and the employment and training services administration fund.
Formerly: Acts 1947, c.208, s.3322. As amended by P.L.144-1986, SEC.144; P.L.18-1987, SEC.93; P.L.290-2001, SEC.30; P.L.175-2009, SEC.42.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 32. Employer Liability, Rights, and Remedies › 22-4-32-22. Repealed

Formerly: Acts 1947, c.208, s.3324. As amended by Acts 1977, P.L.76, SEC.2; P.L.149-1986, SEC.45. Repealed by P.L.107-1987, SEC.50.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 32. Employer Liability, Rights, and Remedies › 22-4-32-24. Repealed

As added by P.L.135-1990, SEC.36. Amended by P.L.290-2001, SEC.32; P.L.108-2006, SEC.61; P.L.175-2009, SEC.44. Repealed by P.L.122-2019, SEC.47.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 33. Protection of Rights and Benefits › 22-4-33-1. Waiver, Release, or Commutation of Rights; Payment of Employer's Contributions

Sec. 1. Except as provided in IC 22-4-39, any agreement by an individual to waive, release or commute the individual's rights to benefits or any other rights under this article is void. Any agreement by any individual in the employ of any person or concern to pay all or any portion of an employer's contributions required under this article from the employer is void. No employer may make or require or accept any deduction from the remuneration of individuals in the employer's employ to finance the employer's contributions required from the employer, or require or accept any waiver by any individual in the employer's employ of any right under this article.
Formerly: Acts 1947, c.208, s.3401. As amended by Acts 1978, P.L.2, SEC.2219; Acts 1982, P.L.95, SEC.7; P.L.290-2001, SEC.33; P.L.175-2009, SEC.45.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 33. Protection of Rights and Benefits › 22-4-33-2. Benefits; Fees for Claiming Benefits; Attorney's Fees

Sec. 2. (a) Except for fees charged under IC 22-4-17-12, no individual claiming benefits may be charged fees of any kind in a proceeding by the review board, an administrative law judge, or the representative of either of them or by any court or any officer thereof.
(b) An individual claiming benefits in a proceeding before the review board, an administrative law judge, or a court may be represented by counsel or other authorized agent, but no counsel or agent may charge or receive for the counsel's or agent's service more than an amount approved by the review board.
Formerly: Acts 1947, c.208, s.3402. As amended by Acts 1978, P.L.2, SEC.2220; P.L.34-1985, SEC.10; P.L.135-1990, SEC.37; P.L.171-2016, SEC.46.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 33. Protection of Rights and Benefits › 22-4-33-3. Assignment or Pledge of Rights to Benefits; Levy; Execution; Exemptions

Sec. 3. Except as provided in IC 22-4-39, any assignment, pledge or encumbrance of any right to benefits which are or may become due or payable under this article shall be void; and such rights to benefits shall be exempt from levy, execution, attachment, or any other remedy whatsoever provided for the collection of debt until such benefits are actually received by the recipient. Any waiver of any exemption provided for in this section shall be void.
Formerly: Acts 1947, c.208, s.3403. As amended by Acts 1982, P.L.95, SEC.8.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 34. Penalties › 22-4-34-1. Repealed

Formerly: Acts 1947, c.208, s.3501; Acts 1951, c.295, s.25; Acts 1967, c.310, s.24. Repealed by Acts 1978, P.L.2, SEC.2251.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 34. Penalties › 22-4-34-2. False Statements or Representations; Failure to Disclose; Violation of Contributions, Payments, Reports, or Records

Sec. 2. An employing unit or other person who makes a false statement or representation knowing it to be false, or who knowingly fails to disclose a material fact, to prevent or reduce the payment of benefits to any individual entitled thereto, or to avoid becoming or remaining subject to this article or to avoid or reduce any contribution or other payment required from an employing unit under this article, or under the employment security law of any other state, or of the federal government or of a foreign government, or who knowingly fails to make any such contributions or other payment or to keep or furnish any reports required under this article or to produce or permit the inspection or copying of records as required under this article, commits a Class C misdemeanor. Each day of a failure constitutes a separate offense.
Formerly: Acts 1947, c.208, s.3502; Acts 1951, c.295, s.26. As amended by Acts 1978, P.L.2, SEC.2221.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 34. Penalties › 22-4-34-3. Waiver of Rights; Encouragement or Inducement

Sec. 3. It is a Class C misdemeanor for an employing unit or other person to recklessly encourage or induce any individual to waive or forego any accrued or potential benefit rights under this article.
Formerly: Acts 1947, c.208, s.3503. As amended by Acts 1978, P.L.2, SEC.2222.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 34. Penalties › 22-4-34-4. Violations

Sec. 4. A person who knowingly violates this article commits a Class C misdemeanor, except as otherwise provided. Each day a violation continues constitutes a separate offense.
Formerly: Acts 1947, c.208, s.3504. As amended by Acts 1978, P.L.2, SEC.2223.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 34. Penalties › 22-4-34-5. Subpoenas; Disobedience

Sec. 5. A person who knowingly fails to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, and other records, in obedience to a subpoena of the department, the review board, an administrative law judge, or any duly authorized representative of any of them, commits a Class C misdemeanor. Each day a violation continues constitutes a separate offense.
Formerly: Acts 1947, c.208, s.3505. As amended by Acts 1978, P.L.2, SEC.2224; P.L.135-1990, SEC.38; P.L.108-2006, SEC.62; P.L.171-2016, SEC.47.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 35. Representation of State in Legal Actions › 22-4-35-1. Civil Actions; Attorneys Representing State

Sec. 1. In any civil action to enforce the provisions of this article, the department, commissioner, state workforce innovation council (before its abolishment), unemployment insurance review board, and the state may be represented by any qualified attorney who is a regular salaried employee of the department and is designated by it for this purpose or, at the director's request, by the attorney general of the state. In case the governor designates special counsel to defend, on behalf of the state, the validity of this article, the expenses and compensation of such special counsel and of any experts employed by the commissioner in connection with such proceedings may be charged to the employment and training services administration fund.
Formerly: Acts 1947, c.208, s.3601. As amended by P.L.144-1986, SEC.145; P.L.18-1987, SEC.95; P.L.38-1993, SEC.59; P.L.21-1995, SEC.128; P.L.161-2006, SEC.14; P.L.171-2016, SEC.48; P.L.152-2018, SEC.19; P.L.10-2019, SEC.97.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 35. Representation of State in Legal Actions › 22-4-35-2. Criminal Actions; Prosecution

Sec. 2. All criminal actions for violations of this article shall be prosecuted by the prosecuting attorney, or with the assistance of the attorney general or a United States attorney, if requested by the commissioner, in any county:
(1) in which the employer has a place of business;
(2) in which the alleged violator resides; or
(3) if an offense is committed using the Internet or another computer network (as defined in IC 35-43-2-3):
(A) from which or to which access to the Internet or another computer network was made; or
(B) in which a computer, computer data, computer software, or computer network that was used to access the Internet or another computer network is located.
Formerly: Acts 1947, c.208, s.3602. As amended by Acts 1978, P.L.2, SEC.2225; P.L.18-1987, SEC.96; P.L.21-1995, SEC.129; P.L.108-2006, SEC.63; P.L.183-2015, SEC.9.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 36. Miscellaneous Provisions › 22-4-36-1. Benefits; Payment

Sec. 1. Benefits shall be deemed to be due and payable under this article only to the extent provided in this article and to the extent that money is available therefor to the credit of the unemployment insurance benefit fund, and neither the state nor the department shall be liable for any amount in excess of such sums.
Formerly: Acts 1947, c.208, s.3701. As amended by P.L.144-1986, SEC.146; P.L.18-1987, SEC.97.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 36. Miscellaneous Provisions › 22-4-36-2. Vested Right; Privileges and Immunities; Legislative Prerogative

Sec. 2. The general assembly reserves the right to amend or repeal all or any part of this article at any time, and there shall be no vested private rights of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this article or by acts done pursuant thereto shall exist subject to the power of the general assembly to amend or repeal this article at any time.
Formerly: Acts 1947, c.208, s.3702. As amended by P.L.144-1986, SEC.147.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 36. Miscellaneous Provisions › 22-4-36-3. Federal Aid; Use of Funds; Lease of Quarters

Sec. 3. All money received from the United States government and paid into the state treasury, as provided in this article, is appropriated and shall be expended by the commissioner for the respective purposes for which such money was allocated and paid to the state. The department is authorized to rent or lease such rooms or quarters as may be necessary, from time to time, to accommodate the department and its several activities.
Formerly: Acts 1947, c.208, s.3703. As amended by P.L.144-1986, SEC.148; P.L.18-1987, SEC.98; P.L.21-1995, SEC.130.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 36. Miscellaneous Provisions › 22-4-36-4. Severability of Act

Sec. 4. The provisions of this article are severable in the manner provided by IC 1-1-1-8(b).
Formerly: Acts 1947, c.208, s.3704. As amended by P.L.144-1986, SEC.149.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 36. Miscellaneous Provisions › 22-4-36-5. Destruction of Central Office; Records and Equipment; Carrying on Business

Sec. 5. In the event of the destruction of the central office of the department and the records and equipment contained in the central office, the commissioner shall at the direction of the governor institute such policies or procedures without regard to any particular provision or provisions of this article as will in the commissioner's judgment be possible to perform and best suited to carry out the general intent and purposes of this article during the emergency created by the destruction of the central office.
Formerly: Acts 1947, c.208, s.3705; Acts 1955, c.317, s.14. As amended by P.L.144-1986, SEC.150; P.L.18-1987, SEC.99; P.L.21-1995, SEC.131; P.L.136-2018, SEC.119.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 37. Relationship of Federal Law to State Law › 22-4-37-1. Purpose; Securing Benefits; Rules

Sec. 1. (a) It is declared to be the purpose of this article to secure to the state of Indiana and to employers and employees in Indiana all the rights and benefits which are conferred under the provisions of 42 U.S.C. 501 through 504, 42 U.S.C. 1101 through 1109, 26 U.S.C. 3301 through 3311, and 29 U.S.C. 49 et seq., and the amendments to those statutes. Whenever the department shall find it necessary, it shall have power to formulate rules after public hearing and opportunity to be heard whereof due notice is given as is provided in this article for the adoption of rules pursuant to IC 4-22-2, and with the approval of the governor of Indiana, to adopt such rules as shall effectuate the declared purposes of this article.
(b) This section does not:
(1) require the state of Indiana to participate in; or
(2) preclude the state of Indiana from ceasing to participate in;
any offered or enacted voluntary, optional, special, or emergency federal program.
Formerly: Acts 1947, c.208, s.3801; Acts 1971, P.L.355, SEC.46. As amended by P.L.144-1986, SEC.151; P.L.108-2006, SEC.64; P.L.136-2018, SEC.120; P.L.85-2023, SEC.5.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 37. Relationship of Federal Law to State Law › 22-4-37-2. Amendment or Repeals; Contributions and Benefits; Suspension of Payment

Sec. 2. (a) If at any time the governor of Indiana shall find that the tax imposed by 42 U.S.C. 1101 through 1109, as amended, has been amended or repealed by Congress or has been held unconstitutional by the Supreme Court of the United States with the result that no portion of the contributions required by this article may be credited against such tax, or if this article is declared inoperative by the supreme court of Indiana, the governor of Indiana shall publicly so proclaim, and upon the date of such proclamation the provisions of this article requiring the payment of contributions and benefits shall be suspended for a period ending not later than the last day of the next following regular or special session of the general assembly of the state of Indiana. The department shall thereupon requisition from the unemployment trust fund all money in the unemployment trust fund standing to its credit and shall direct the treasurer of state of Indiana to deposit such moneys, together with any other moneys in the fund, as a special fund in any banks or public depositories in this state in which general funds of the state may be deposited.
(b) Unless prior to the expiration of such period, the general assembly of the state of Indiana has made provision for an employment security law in this state and has directed that the funds so deposited shall be used for the payment of benefits in this state, the provisions of this article shall cease to be operative, and the department shall, under rules prescribed by the department, refund without interest to each person by whom contributions have been paid the person's pro rata share of the total contributions paid under this article.
Formerly: Acts 1947, c.208, s.3802. As amended by P.L.144-1986, SEC.152; P.L.171-2016, SEC.49; P.L.136-2018, SEC.121.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 37. Relationship of Federal Law to State Law › 22-4-37-3. Invalidity of Federal Acts; Contribution Rate

Sec. 3. (a) Should:
(1) the Congress of the United States amend, repeal, or authorize the implementation of a demonstration project under 29 U.S.C. 49 et seq., 26 U.S.C. 3301 through 3311, 42 U.S.C. 301 et seq., or 26 U.S.C. 3101 through 3504, or any statute or statutes supplemental to or in lieu thereof or any part or parts of said statutes, or should any or all of said statutes or any part or parts thereof be held invalid, to the end and with such effect that appropriations of funds by the said Congress and grants thereof to the state for the payment of costs of administration of the department are or no longer shall be available for such purposes;
(2) the primary responsibility for the administration of 26 U.S.C. 3301 through 26 U.S.C. 3311 be transferred to the state as a demonstration project authorized by Congress; or
(3) employers in Indiana subject to the payment of tax under 26 U.S.C. 3301 through 3311 be granted full credit upon such tax for contributions or taxes paid to the department;
then, beginning with the effective date of such change in liability for payment of such federal tax and for each year thereafter, the normal contribution rate under this article shall be established by the department and may not exceed three and one-half percent (3.5%) per year of each employer's payroll subject to contribution. With respect to each employer having a rate of contribution for such year pursuant to terms of IC 22-4-11-2(b)(2)(A), IC 22-4-11-2(b)(2)(B), IC 22-4-11-2(c), IC 22-4-11-3, IC 22-4-11-3.3, IC 22-4-11-3.5, and IC 22-4-11.5, to the rate of contribution, as determined for such year in which such change occurs, shall be added not more than eight-tenths percent (0.8%) as prescribed by the department.
(b) The amount of the excess of tax for which such employer is or may become liable by reason of this section over the amount which such employer would pay or become liable for except for the provisions of this section, together with any interest or earnings thereon, shall be paid and transferred into the employment and training services administration fund to be disbursed and paid out under the same conditions and for the same purposes as is other money provided to be paid into such fund. If the commissioner shall determine that as of January 1 of any year there is an excess in said fund over the money and funds required to be disbursed therefrom for the purposes thereof for such year, then and in such cases an amount equal to such excess, as determined by the commissioner, shall be transferred to and become part of the unemployment insurance benefit fund, and such funds shall be deemed to be and are hereby appropriated for the purposes set out in this section.
Formerly: Acts 1947, c.208, s.3803; Acts 1967, c.310, s.25. As amended by P.L.144-1986, SEC.153; P.L.18-1987, SEC.100; P.L.21-1995, SEC.132; P.L.214-2005, SEC.65; P.L.108-2006, SEC.65; P.L.175-2009, SEC.46.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 38. Captions, Short Title, and Saving Provisions › 22-4-38-1. Interpretation of Article; Captions

Sec. 1. No caption of any section, subsection, or part of Acts 1947, c.208 shall in any way affect the interpretation of this article or any part thereof.
Formerly: Acts 1947, c.208, s.3901. As amended by P.L.144-1986, SEC.154.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 38. Captions, Short Title, and Saving Provisions › 22-4-38-2. Short Title

Sec. 2. This article shall be known as and may be cited as the Indiana Employment and Training Services Act.
Formerly: Acts 1947, c.208, s.3902. As amended by P.L.144-1986, SEC.155; P.L.18-1987, SEC.101.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 39. Deduction of Child Support Obligations › 22-4-39-1. Definitions

Sec. 1. As used in this chapter:
(1) "Child support obligations" includes only obligations which are being enforced pursuant to a plan described in Section 454 of the Social Security Act which has been approved by the Secretary of Health and Human Services under Title IV-D of the Social Security Act.
(2) "Legal process" means a writ, an order, a summons, or other process in the nature of garnishment that is issued by:
(A) a court with jurisdiction in a state, territory, or possession of the United States;
(B) a court with jurisdiction in a foreign country with which the United States has entered into an agreement that requires the United States to honor the process; or
(C) an authorized official acting under an order of a court with jurisdiction or under state or local law.
(3) "State or local child support enforcement agency" means any agency of any state or a political subdivision of the state operating pursuant to a plan described in subdivision (1).
(4) "Unemployment compensation" means any compensation payable under this article (including amounts payable by the department pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment).
As added by Acts 1982, P.L.95, SEC.9. Amended by P.L.18-1987, SEC.102; P.L.235-1999, SEC.12.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 39. Deduction of Child Support Obligations › 22-4-39-2. Repealed

As added by Acts 1982, P.L.95, SEC.9. Amended by P.L.18-1987, SEC.103. Repealed by P.L.150-2018, SEC.8.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 39. Deduction of Child Support Obligations › 22-4-39-3. Deductions; Amount

Sec. 3. The department shall deduct and withhold from any unemployment compensation payable to an individual that owes child support obligations the amount specified by the state or local child support enforcement agency to the department to be deducted and withheld.
As added by Acts 1982, P.L.95, SEC.9. Amended by P.L.18-1987, SEC.104; P.L.235-1999, SEC.13; P.L.150-2018, SEC.9.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 39. Deduction of Child Support Obligations › 22-4-39-4. Deductions; Payment to Child Support Enforcement Agency

Sec. 4. (a) Any amount deducted and withheld under section 3 of this chapter shall be paid by the department to the appropriate state or local child support enforcement agency.
(b) Any amount deducted and withheld under section 3 of this chapter shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by the individual to the state or local child support enforcement agency as a payment on the individual's child support obligations.
As added by Acts 1982, P.L.95, SEC.9. Amended by P.L.18-1987, SEC.105.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 39. Deduction of Child Support Obligations › 22-4-39-5. Application of Chapter

Sec. 5. This chapter applies only if appropriate arrangements have been made for reimbursement by the state or local child support enforcement agency for the administrative costs incurred by the department under this chapter which are attributable to child support obligations being enforced by the state or local child support enforcement agency.
As added by Acts 1982, P.L.95, SEC.9. Amended by P.L.18-1987, SEC.106.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 39.5. Reimbursements by Employers of Unauthorized Aliens › 22-4-39.5-1. "E-Verify Program"

Sec. 1. As used in this chapter, "E-Verify program" means the electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (P.L. 104-208), Division C, Title IV, s. 403(a), as amended, operated by the United States Department of Homeland Security or a successor work authorization program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees under the Immigration Reform and Control Act of 1986 (P.L. 99-603).
As added by P.L.171-2011, SEC.15.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 39.5. Reimbursements by Employers of Unauthorized Aliens › 22-4-39.5-2. "Knowingly Employ an Unauthorized Alien"

Sec. 2. As used in this chapter, "knowingly employ an unauthorized alien" has the meaning prescribed in 8 U.S.C. 1324a as in effect on July 1, 2011. This term shall be interpreted consistently with 8 U.S.C. 1324a and any applicable federal rules or regulations.
As added by P.L.171-2011, SEC.15.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 39.5. Reimbursements by Employers of Unauthorized Aliens › 22-4-39.5-3. Civil Action to Obtain Reimbursement From Employer That Knowingly Employed an Unauthorized Alien; Filing; Federal Government Verification; Awards; Deposit

Sec. 3. (a) The department may file a civil action to obtain reimbursement of amounts paid by the department as unemployment insurance benefits from an employer that has knowingly employed an unauthorized alien.
(b) The action must be filed in the county in which the employer employed the unauthorized alien.
(c) In determining whether an individual is an unauthorized alien for purposes of this chapter, a court may consider only the federal government's verification or status information under 8 U.S.C. 1373(c).
(d) After holding a hearing and making a finding that the employer knowingly employed an unauthorized alien, the court shall award the following to the department:
(1) The reimbursement of unemployment insurance benefits paid by the department computed using the salary of the position held by the unauthorized alien during the period the unauthorized alien was employed by the employer.
(2) Reasonable costs and attorney's fees.
(e) The department shall deposit the reimbursement awarded under subsection (d)(1) in the unemployment insurance benefit fund established by IC 22-4-26-1.
As added by P.L.171-2011, SEC.15.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 39.5. Reimbursements by Employers of Unauthorized Aliens › 22-4-39.5-4. Prohibited From Filing an Action

Sec. 4. (a) The department may not file an action under section 3 of this chapter against an employer that has knowingly employed an unauthorized alien if the alien was employed by the employer before July 1, 2011.
(b) The department may not file an action under section 3 of this chapter against an employer who used the E-Verify program to verify the employment eligibility of an individual who is determined to be an unauthorized alien.
As added by P.L.171-2011, SEC.15.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 39.5. Reimbursements by Employers of Unauthorized Aliens › 22-4-39.5-5. Department Powers

Sec. 5. The department has the power to:
(1) administer oaths and affirmations;
(2) take depositions; and
(3) issue and serve subpoenas that compel:
(A) the attendance of witnesses; and
(B) the production of books, papers, correspondence, memoranda, and other records;
as necessary for the department to administer this chapter.
As added by P.L.171-2011, SEC.15.
2023 Indiana Code › Title 22. Labor and Safety › Article 4.1. Department of Workforce Development › Chapter 1. Definitions › 22-4.1-1-2. "Commissioner"

Sec. 2. "Commissioner" refers to the commissioner of the department of workforce development appointed under IC 22-4.1-3-1.
As added by P.L.105-1994, SEC.5. Amended by P.L.21-1995, SEC.136.
2023 Indiana Code › Title 22. Labor and Safety › Article 4.1. Department of Workforce Development › Chapter 1. Definitions › 22-4.1-1-3. "Department"

Sec. 3. "Department" refers to the department of workforce development established under IC 22-4.1-2.
As added by P.L.105-1994, SEC.5. Amended by P.L.21-1995, SEC.137.
2023 Indiana Code › Title 22. Labor and Safety › Article 4.1. Department of Workforce Development › Chapter 1. Definitions › 22-4.1-1-4. "Fund"

Sec. 4. "Fund", except as provided in IC 22-4.1-21-7, refers to the state workforce development fund established under IC 22-4.1-6-1.
As added by P.L.235-1999, SEC.14. Amended by P.L.107-2012, SEC.60.
2023 Indiana Code › Title 22. Labor and Safety › Article 4.1. Department of Workforce Development › Chapter 1. Definitions › 22-4.1-1-5.5. "State Provider"

Sec. 5.5. "State provider" means any of the following:
(1) A state agency (as defined by IC 4-13-1-1(b)).
(2) A state educational institution eligible for funding under IC 21-12-8-9.
(3) A school corporation (as defined by IC 20-18-2-16(a)), including a charter school (as defined by IC 20-24-1-4).
(4) A body corporate and politic created by statute.
As added by P.L.230-2017, SEC.35.
2023 Indiana Code › Title 22. Labor and Safety › Article 4.1. Department of Workforce Development › Chapter 1. Definitions › 22-4.1-1-6. "Wioa"

Sec. 6. "WIOA" refers to the federal Workforce Innovation and Opportunity Act of 2014 (29 U.S.C. 3101 et seq.), including reauthorizations of WIOA.
As added by P.L.69-2015, SEC.29. Amended by P.L.149-2016, SEC.61.
2023 Indiana Code › Title 22. Labor and Safety › Article 4.1. Department of Workforce Development › Chapter 1. Definitions › 22-4.1-1-7. "Workforce Related Program"

Sec. 7. "Workforce related program" means a program operated, delivered, or enabled, in whole or in part, by a state provider using public funds to offer incentives, funding, support, or guidance for any of the following purposes:
(1) Job training.
(2) The attainment of an industry recognized certification or credential.
(3) The attainment of a postsecondary degree, certificate, or credential.
(4) The provision of other types of employment assistance.
(5) The promotion of Indiana to workers or the provision of assistance to a worker relocating to Indiana for employment.
(6) Any other program that:
(A) has, at least in part, the goal of securing employment or better employment for an individual; and
(B) receives funding through WIOA or a state appropriation.
As added by P.L.230-2017, SEC.36.
2023 Indiana Code › Title 22. Labor and Safety › Article 4.1. Department of Workforce Development › Chapter 2. Department of Workforce Development › 22-4.1-2-1. Establishment of Department

Sec. 1. The department of workforce development is established. Notwithstanding any other law, the department is the sole agency to plan, coordinate, implement, monitor, and make recommendations regarding initiatives designed to prepare Indiana's workforce for effective participation in the competitive and global economy.
As added by P.L.105-1994, SEC.5. Amended by P.L.21-1995, SEC.138.
2023 Indiana Code › Title 22. Labor and Safety › Article 4.1. Department of Workforce Development › Chapter 2. Department of Workforce Development › 22-4.1-2-2. Composition of Department

Sec. 2. The department includes the unemployment insurance review board.
As added by P.L.105-1994, SEC.5. Amended by P.L.21-1995, SEC.139; P.L.1-2005, SEC.186; P.L.140-2007, SEC.6; P.L.234-2007, SEC.144; P.L.3-2008, SEC.161; P.L.7-2011, SEC.20; P.L.69-2015, SEC.30; P.L.171-2016, SEC.50; P.L.152-2018, SEC.22.
2023 Indiana Code › Title 22. Labor and Safety › Article 4.1. Department of Workforce Development › Chapter 2. Department of Workforce Development › 22-4.1-2-3. Cooperation for Workforce Development Activities

Sec. 3. The unemployment insurance review board described in section 2 of this chapter shall cooperate to facilitate the coordination, consolidation, and promotion of workforce development activities statewide.
As added by P.L.105-1994, SEC.5. Amended by P.L.21-1995, SEC.140; P.L.11-2023, SEC.76.
2023 Indiana Code › Title 22. Labor and Safety › Article 4.1. Department of Workforce Development › Chapter 3. Commissioner of the Department › 22-4.1-3-1. Appointment; Compensation

Sec. 1. (a) The governor shall appoint a commissioner of the department. The commissioner serves at the pleasure of the governor as the chief administrative officer of the department.
(b) The governor shall fix the commissioner's salary.
As added by P.L.105-1994, SEC.5.
2023 Indiana Code › Title 22. Labor and Safety › Article 4.1. Department of Workforce Development › Chapter 3. Commissioner of the Department › 22-4.1-3-2. Staff

Sec. 2. The commissioner may do the following:
(1) Employ staff necessary to perform the duties of the department imposed by this article.
(2) Fix the compensation and terms of staff employment, subject to the approval of the budget agency.
As added by P.L.105-1994, SEC.5.
2023 Indiana Code › Title 22. Labor and Safety › Article 4.1. Department of Workforce Development › Chapter 3. Commissioner of the Department › 22-4.1-3-4. Appropriation of Additional Funds

Sec. 4. Funds necessary to support the operating costs of the department of workforce development beyond those approved and appropriated by the United States Congress or approved by federal agencies for the operation of the department and specifically authorized by other provisions of IC 22-4:
(1) must be specifically appropriated from the state general fund for this purpose; and
(2) may not be derived from other state or federal funds directed for unemployment insurance programs under IC 22-4, including funds under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), any other grants or funds that are passed through for job training programs, the Carl D. Perkins Vocational and Applied Technology Act (20 U.S.C. 2301 et seq.), and any other grant or funds for career and technical education.
As added by P.L.105-1994, SEC.5. Amended by P.L.21-1995, SEC.141; P.L.161-2006, SEC.18; P.L.234-2007, SEC.145.