reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 2 - EMPLOYMENT AND TRAINING SERVICES; POLICIES AND PROCEDURES › Rule 1 - Definitions › Section 1-28 - "Unemployment insurance program" defined

Current through July 10, 2024
Authority: IC 22-4.1-3-3
Affected: IC 22-4
Sec. 28.
"Unemployment insurance program" means those unemployment
				  insurance services including audit, appellate, claims, quality control, and
				  other such services delivered by the department in accordance with federal and
				  state law and in accordance with IC 22-4.
Transferred from the Department of Employment and Training
					 Services ( 645 IAC 3-1-28 ) to the Department of Workforce Development ( 646
					 IAC 2-1-28 ) by P.L. 105-1994, SECTION 5, effective July 1,
					 1994.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 2 - EMPLOYMENT AND TRAINING SERVICES; POLICIES AND PROCEDURES › Rule 1 - Definitions › Section 1-29 - "Veteran of the Vietnam era" defined

Current through July 10, 2024
Authority: IC 22-4.1-3-3
Affected: IC 22-4.1
Sec. 29.
Subject to section 25 of this rule, "veteran of the Vietnam
				  era" means an eligible veteran who:
(1) served on active duty for a period more
				than one hundred eighty (180) days and was discharged or released therefrom
				with other than a dishonorable discharge; or
(2) was discharged or released from active
				duty because of a service-connected disability during the Vietnam era.
No veteran may be considered to be a veteran of the Vietnam
				  era under this section after December 31, 1991.
Transferred from the Department of Employment and Training
					 Services ( 645 IAC 3-1-29 ) to the Department of Workforce Development ( 646
					 IAC 2-1-29 ) by P.L. 105-1994, SECTION 5, effective July 1,
					 1994.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 2 - EMPLOYMENT AND TRAINING SERVICES; POLICIES AND PROCEDURES › Rule 1 - Definitions › Section 1-30 - "Workers and job positions at issue" defined

Current through July 10, 2024
Authority: IC 22-4.1-3-3
Affected: IC 22-4.1
Sec. 30.
"Workers and job positions at issue" means the following:
(1) Those workers and job positions,
				filled or vacant, at issue between the employer and workers' representative in
				a labor dispute.
(2) Workers and
				job positions included in a collective bargaining agreement between an employer
				and workers' representative.
Transferred from the Department of Employment and Training
					 Services ( 645 IAC 3-1-30 ) to the Department of Workforce Development ( 646
					 IAC 2-1-30 ) by P.L. 105-1994, SECTION 5, effective July 1,
					 1994.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 2 - EMPLOYMENT AND TRAINING SERVICES; POLICIES AND PROCEDURES › Rule 5 - Employment and Training Programs 646 IAC 2-5-1 › Section 5-2 - Service provider selection

Current through July 10, 2024
Authority: IC 22-4.1-3-3
Affected: IC 22-4.1
Sec. 2.
(a) The
				department may issue policies for the selection of service providers or program
				services distinct from the procurement policies applicable to vendors of
				supplies, equipment, construction, and services consistent with subsection
				(d).
(b) These policies shall apply
				to the department, grant recipients, administrative entities, and other
				entities directly contracting with the department, contracted by the department
				for the provisions of employment and training services, and all subcontractors
				of those entities who provide employment and training services in an assistance
				relationship for programs for which the department has administrative
				responsibility.
(c) The department
				shall require that grant recipients and other entities directly contracting
				with the department have written policies and procedures to assure that primary
				consideration in selecting agencies or organizations to deliver services within
				a service area shall be based upon the effectiveness of the agency or
				organization in delivering comparable or related services based on demonstrated
				performance goals, costs or price, quality of training, and characteristics of
				participants. Organizations or agencies so selected must be entities which are
				legally authorized to enter into contractual relationships.
(d) The department shall require grant
				recipients, and other entities directly contracting with the department for
				funds other than Wagner-Peyser, to have written procurement policies which
				include prohibition against the duplication of facilities or services available
				in the area (with or without reimbursement) from federal, state, or local
				services, unless it is demonstrated that the alternate services or facilities
				would be more effective or more likely to achieve the service area's
				performance goals.
Transferred from the Department of Employment and Training
					 Services ( 645 IAC 3-5-2 ) to the Department of Workforce Development ( 646 IAC
					 2-5-2 ) by P.L. 105-1994, SECTION 5, effective July 1,
					 1994.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 2 - EMPLOYMENT AND TRAINING SERVICES; POLICIES AND PROCEDURES › Rule 5 - Employment and Training Programs 646 IAC 2-5-1 › Section 5-3 - Job orders

Current through July 10, 2024
Authority: IC 22-4.1-3-3
Affected: IC 22-4.1
Sec. 3.
(a) The
				department and its grant recipients shall make no job referrals on job orders
				which will aid directly or indirectly in the filling of a covered job opening:
(1) which is vacant, or anticipated to be
				vacant, because the former occupant is, or is anticipated to be, on
				strike;
(2) is being locked out in
				the course of a labor dispute;
(3)
				the filling of which is otherwise an issue in a labor dispute involving a work
				stoppage; or
(4) which provides any
				other department service involving covered workers and job positions in an
				employing establishment.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 2 - EMPLOYMENT AND TRAINING SERVICES; POLICIES AND PROCEDURES › Rule 7 - Fiscal and Programmatic Accountability › Section 7-1 - Fiscal accountability

Current through July 10, 2024
Authority: IC 22-4.1-3-3
Affected: IC 22-4.1
Sec. 1.
(a) The
				department shall establish policies, standards, and guidelines for the
				procurement of supplies, equipment, construction, and services for itself,
				grant recipients, and other entities directly contracting with the department.
				Procurement policies, standards, and guidelines established by the department
				shall be consistent with existing state procurement policies, and where not
				otherwise required or precluded by statute, the department may determine and
				adopt appropriate cost and management principles as its procurement policies,
				standards, and guidelines for itself, for grant recipients, and other entities
				directly contracting with the department.
(b) The department shall require that grant
				recipients, and other entities directly contracting with the department,
				develop written policies and procedures consistent with the following:
(1) Applicable federal Office of Management
				and Budget circulars.
(2) The
				provisions of 41 CFR 29 through 41 CFR 70.
(3) Other policies and guidelines developed
				by the department.
Local policies and procedures shall not be less restrictive
				  than those established by the department.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 2 - EMPLOYMENT AND TRAINING SERVICES; POLICIES AND PROCEDURES › Rule 7 - Fiscal and Programmatic Accountability › Section 7-2 - Match

Current through July 10, 2024
Authority: IC 22-4.1-3-3
Affected: IC 22-4.1
Sec. 2.
The department shall define and require the provision of
				  adequate resources to meet the matching requirements of state and federal
				  assistance programs and any existing state or federal laws.
Transferred from the Department of Employment and Training
					 Services ( 645 IAC 3-7-2 ) to the Department of Workforce Development ( 646 IAC
					 2-7-2 ) by P.L. 105-1994, SECTION 5, effective July 1,
					 1994.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 3 - INDIANA EMPLOYMENT SECURITY ACT; ADMINISTRATION › Rule 1 - Contributions; Reports; Sickness and Accident Disability; Group Accounts › Section 1-13 - Responsibility of professional employer organization to pay unemployment contributions; resumption of liability by client business entity upon termination of agreement between professional employer organization and client (Expired)

Current through July 10, 2024
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 1 - Definitions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1; IC 22-4.5
Sec. 1.
(a) The
				definitions in this rule apply throughout this article.
(b) The definitions in IC 22-4, IC 22-4.1,
				and IC 22-4.5 apply throughout this article unless otherwise specifically
				defined in this article.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 1 - Definitions › Section 1-2 - "American vessel" defined

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 2.
"American vessel" means any vessel:
(1) documented or numbered under the laws of
				the United States; or
(2) that is
				neither documented or numbered under the laws of the United States nor
				documented under the laws of any foreign country, if its crew is employed
				solely by one (1) or more citizens or residents of the United States, or
				corporations organized under the laws of the United States or any
				state.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 1 - Definitions › Section 1-3 - "Approved training" defined

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 3.
(a) "Approved
				training" means training when the claimant is enrolled in:
(1) Workforce Innovation and Opportunity Act
				(WIOA) services; or
(2) training
				approved by the department.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 1 - Definitions › Section 1-4 - "Employee" defined

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC
				  22-4-8; IC 22-4.1
Sec. 4.
"Employee" means any individual performing personal services
				  that constitute employment under IC
				  22-4-8, for
				  remuneration.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 1 - Definitions › Section 1-5 - "Full time" defined

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 5.
"Full time" means that number of hours that are customarily
				  considered full time prevailing in a particular industry.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 1 - Definitions › Section 1-6 - "Governmental entity" defined

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 6.
"Governmental entity" means an instrumentality of:
(1) the state; or
(2) one (1) or more political subdivisions of
				the state.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 1 - Definitions › Section 1-7 - "Instructional" defined

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 7.
"Instructional" means services that consist of:
(1) teaching, tutoring, or
				lecturing;
(2) directing or
				supervising the instructional activities of others; or
(3) counseling, advising, or otherwise
				determining curriculum, courses, and academic pursuits for students.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 1 - Definitions › Section 1-8 - "Instrumentality" defined

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 8.
"Instrumentality" means a legal entity organized to carry on
				  some function of government for the state or a political subdivision, and is an
				  independent legal entity with the power to hire, supervise, and discharge its
				  employees. Generally, an instrumentality may sue and be sued, enter into a
				  contract, and hold or transfer property in its own name.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 1 - Definitions › Section 1-9 - "Job-attached" defined

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 9.
"Job-attached" means a relationship between an employer and
				  an employee in which the employee is not actively performing services for the
				  employer, but is still connected to the employer through the payment of
				  remuneration in the form of supplemental unemployment insurance benefits, or by
				  remaining covered under the employer's health benefits plan.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 1 - Definitions › Section 1-10 - "Officer or member of the crew" defined

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 10.
"Officer or member of the crew" means the master or officer
				  in charge of the vessel, however designated, and every individual subject to
				  the authority of the master or officer in charge serving on board and
				  contributing in any way to the operation and welfare of the
				  vessel.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 1 - Definitions › Section 1-11 - "Part-time worker" defined

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 11.
"Part-time worker" means an individual who:
(1) works fewer than the customarily
				scheduled full-time hours of an employer; and
(2) has assented through agreement, policy,
				or practice to work the fewer than full-time hours.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 1 - Definitions › Section 1-12 - "Political subdivision" defined

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 12.
(a)
				"Political subdivision" means a:
(1)
				county;
(2) city;
(3) town;
(4) village:
(5) school; or,
(6) sanitation, utility, reclamation,
				improvement, drainage, irrigation, flood control, or similar
				district.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 1 - Definitions › Section 1-13 - "Principal administrative" defined

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 13.
"Principal administrative" means all executive, managerial,
				  or administrative services performed for an educational
				  institution.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 1 - Definitions › Section 1-15 - "Remuneration" defined

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC
				  22-4-4-1; IC 22-4.1
Sec. 15.
"Remuneration" has the same meaning set forth in IC
				  22-4-4-1; however, the term
				  specifically includes payments of supplemental unemployment insurance benefits
				  and payments by an employer for an employee's health insurance benefit
				  plan.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 1 - Definitions › Section 1-16 - "Research" defined

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 16.
"Research" means any study or investigation in a field of
				  science or knowledge.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 1 - Definitions › Section 1-17 - "Sick pay" defined

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 17.
"Sick pay" means payment made to an employee during periods
				  of temporary absence due to illness or injury, if the employer anticipates that
				  the employee will return to service.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 1 - Definitions › Section 1-18 - "Vessel" defined

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 18.
In maritime service, "vessel" means watercraft or other
				  contrivances used as a means of transportation on water. The term includes
				  dredges used for navigation and transportation in deepening and removing
				  obstructions from channels, rivers, or other waterways.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 2 - Employer Rights, Responsibilities, and Liability › Section 2-1 - Quarterly wage and employment reports and contributions

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 1.
(a) Every
				employer subject to IC 22-4 shall report the following information to the
				department in the form and manner prescribed by the department:
(1) Federal employer identification number
				assigned to the employer by the Internal Revenue Service.
(2) Total gross wages paid to all
				employees.
(3) Total remuneration
				paid for covered employment.
(4)
				Total wages subject to contribution.
(5) Total number of employees on the
				payroll.
(6) For every employee,
				the following:
(A) Full first name.
(B) Full last name.
(C) Social Security number or individual
				taxpayer identification number.
(D)
				Gross wages paid.
(E) Start
				date.
(F) Zip code of the physical
				work site location.
(G) Whether the
				employee is classified by the employer as full-time or part-time, or whether
				the employee is designated as a seasonal worker pursuant to a decision issued
				by the department.
(H) Whether the
				employee worked for the employer during the week containing the twelfth day of
				the month for each month in the quarter.
(I) Standard Occupational Classification code
				applicable to the employee as prescribed by the United States
Department of Labor Bureau of Labor Statistics. This wage and
				  employment report is due on or before the last day of the month next following
				  the quarter for which the report is filed. Contributions are due and payable on
				  or before the last day of the month next following the quarter for which the
				  wage and employment report was filed, except for those employers that have
				  elected to become liable for payments in lieu of
				  contributions.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 2 - Employer Rights, Responsibilities, and Liability › Section 2-2 - Filing of reports

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 2.
(a) Each
				employer shall ascertain the Social Security number (SSN) or individual
				taxpayer identification number (ITIN) of each employee and include the
				employee's name and SSN or ITIN in any report filed with the department for
				which the department requires any employee's SSN or ITIN.
(b) All reports shall be filed on the forms
				required by the department.
(c)
				Reports shall be filed electronically if required by the department.
(d) Any report that is incomplete or contains
				inaccurate information may be rejected by the department and shall not be
				considered submitted until such completions and inaccuracies are corrected by
				the employer.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 2 - Employer Rights, Responsibilities, and Liability › Section 2-3 - Quarterly wage and employment reports; nothing to report; errors

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 3.
(a) If an
				employer has incurred no payroll, and no contributions are due for a particular
				quarter, the employer's quarterly wage and employment report may be marked
				"Nothing to Report" in the form and manner required by the department in lieu
				of completing the report with zeros. Quarterly wage and employment reports must
				be sent to the department on a quarterly basis until the department terminates
				or inactivates the employer's account.
(b) If an employer owes additional
				contributions as a result of a correction, the employer must remit all
				additional contributions due.
(c)
				If the employer has paid more contributions than owed, according to the
				corrected quarterly wage and employment report, the employer's account will
				show a credit balance. If the credit balance is greater than the amount due on
				the subsequent quarterly wage and employment report, the employer may file a
				claim for refund in the form and manner prescribed by the department.
(d) A claim for refund must be executed by
				the person to whom the claim is alleged to be due. A claim for refund by a
				corporation must be made in the name of the corporation, and executed by an
				officer thereof. A fiduciary will be required to furnish a certified copy of
				appointment to accompany a claim for refund on contributions not paid in
				fiduciary capacity.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 2 - Employer Rights, Responsibilities, and Liability › Section 2-4 - Estimation of wages

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC
				  22-4-11-4; IC 22-4.1
Sec. 4.
(a) Pursuant
				to the department's authority set forth in IC
				22-4-11-4, if an employer fails to
				timely submit quarterly wage and employment reports, the department shall
				determine whether to estimate employer contributions. The following
				circumstances relate to a contribution estimation by the department:
(1) An employer's contact with other state
				agencies regarding unemployment issues does not constitute the submission of
				quarterly wage and employment reports required by the department.
(2) An employer's failure to claim certified
				mail notices sent by the department does not constitute a lack of notice to the
				employer.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 2 - Employer Rights, Responsibilities, and Liability › Section 2-5 - Unemployment contribution rates

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC
				  22-4-11-2; IC 22-4.1
Sec. 5.
(a) An
				employer shall be subject to the penalty rate, as established under IC
				22-4-11-2, if as follows:
(1) The employer fails to file any required
				quarterly wage and employment report.
(2) The employer fails to pay the
				contributions, surcharge, penalties, and interest charges owed for past
				quarters, or owed by a predecessor account, within ten (10) days of the date
				specified on the merit rate delinquency notice, which is sent by the
				department. The merit rate delinquency notice is not a protestable
				notification.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 2 - Employer Rights, Responsibilities, and Liability › Section 2-6 - Merit rate process

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 6.
(a) Merit
				rate calculations begin with the allocation of the pool account to employers.
				Employers are notified of the mutualized benefit charges on the annual merit
				rate notice. Mutualized benefit charges are nonprotestable.
(b) Any employer with outstanding
				liabilities, missing quarterly wage and employment reports, or outstanding
				predecessor liabilities is sent a nonprotestable merit rate delinquency notice.
				This notification provides the employer an opportunity to avoid being assigned
				a penalty rate for the next calendar year by making the payments due, or by
				submitting the missing reports, within ten (10) days of the date the notice was
				sent by the department.
(c) A merit
				rate notice is sent to each employer no later than March 30 of the rate year.
				This notice provides the employer with:
(1)
				its experience balance;
(2) its
				prior three (3) fiscal years of taxable payroll;
(3) a voluntary payment offer if eligible;
				and
(4) any requirements that have
				not been met.
An employer who has not met the listed requirements, or whose
				  account is at the lowest available rate, is not eligible for a voluntary buy
				  down. An employer has the right to protest its merit rate notice. The protest
				  must be filed within fifteen (15) days of the date the notice was sent by the
				  department. The protest right is limited to whether the employer's contribution
				  rate was calculated correctly and does not extend to department determinations
				  that were independently protestable when issued.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 2 - Employer Rights, Responsibilities, and Liability › Section 2-7 - Transfers of Indiana operations

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 7.
(a) An
				employing unit, whether or not an employer at the time of transfer, that:
(1) acquires all or a portion of an
				employer's trade or business (including the employer's workforce), which
				results in the continuance of an organization, trade, or business; or
(2) merges, incorporates, or reorganizes the
				employing unit's business; immediately qualifies as a covered employer under IC
				22-4 and assumes the position of the predecessor with respect to all the
				resources and liabilities of the predecessor's experience account. The
				successor/acquirer must complete all reports via Employer Self Service or the
				current state form approved for such reporting. The predecessor/disposer must
				complete all reports via Employer Self Service or the current state form
				approved for such reporting. These reports must be filed by the earlier of
				thirty (30) days from the dispositions date or ten (10) days from a request for
				information by the department.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 2 - Employer Rights, Responsibilities, and Liability › Section 2-8 - Calculation and payment of contributions; municipal utilities

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC
				  22-4-11-2; IC 22-4.1
Sec. 8.
(a) If a city
				or town had previously been a covered employer to the extent of its municipal
				utilities, the utilities will pay contributions at their computed rate, but the
				rate will not exceed the prescribed rate under IC
				22-4-11-2(c).
(b) If, by statute, a municipal utility is
				set apart as a separate political subdivision, such utility will retain its
				experience account and assigned rate, and IC
				22-4-11-2(d) 
				will apply to the new account assigned to the city or town for the purpose of
				reporting nonutility employment.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 2 - Employer Rights, Responsibilities, and Liability › Section 2-9 - Accelerated payment of contributions under Schedule "A"

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC
				  22-4-10-1; IC
				  22-4-29-1; IC 22-4.1
Sec. 9.
(a) The
				department may accelerate contribution payments under IC
				22-4-10-1(a).
				When the department determines that contribution payments should be accelerated
				under the conditions set forth by statute, each subject employer will be
				notified not fewer than thirty (30) days prior to the date the accelerated
				contribution is due.
(b) The
				employer:
(1) will estimate the amount of the
				accelerated contribution payment based upon its projection of its estimated
				payroll for the accelerated quarter; and
(2) must remit that amount in whole or in a
				percentage of the whole as determined by the department.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 2 - Employer Rights, Responsibilities, and Liability › Section 2-10 - Reimbursable employers; payments in lieu of contributions

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC
				  22-4-10-1; IC 22-4.1
Sec. 10.
Any employer that makes an election to reimburse benefit
				  charges under IC
				  22-4-10-1 will continue to be
				  liable for payments in lieu of contributions until it files a written request
				  to terminate its election. If the department approves the election, the
				  employer will continue to be liable for payments of benefits that applied to an
				  employee's base period falling in quarters in which the employer's election to
				  reimburse was in effect.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 2 - Employer Rights, Responsibilities, and Liability › Section 2-11 - Termination or transfer of business; notice; final report; attachment of successor's assets

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 11.
(a) Where
				the status of an employer is changed by cessation or disposition of a business
				or an appointment of a receiver, trustee, trustee in bankruptcy, or other
				fiduciary, the employer shall immediately notify the department in the manner
				and on the form prescribed by the department, and contributions with respect to
				wages for employment up to and including the date of the change of status, and
				with respect to amounts that would otherwise constitute wages as defined in IC
				22-4, except for nonpayment thereof, are immediately due and payable. The
				employer shall immediately file necessary quarterly wage and employment
				reports, showing all remuneration paid per employee for employment occurring in
				the calendar quarter in which the change of status occurred, and all previous
				unreported contributions and remuneration. Quarterly wage and employment
				reports covering the calendar quarter in which the change of status occurred
				shall be marked "final report".
(b)
				Whenever an employer disposes of its organization, trade, or business, in whole
				or in part, it shall be the duty of both the employer and its successor to
				notify the department of the disposition on the forms prescribed by the
				department. If the disposing employer is a corporation, the employer shall
				follow the dissolution procedure described in IC
				22-4-32-23.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 2 - Employer Rights, Responsibilities, and Liability › Section 2-12 - Eligibility for separate employer account

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC
				  22-4-10-4; IC 22-4.1
Sec. 12.
(a) For
				purposes of IC
				22-4-10-4, any employing unit that
				is wholly or partially owned by another employing unit will not be eligible for
				a separate experience account if:
(1) the
				employing units are so closely related that it would be appropriate to
				disregard the corporate structure under Indiana law; or
(2) one (1) of the employing units has failed
				to assume all of the requisite employment responsibilities necessary to provide
				its employees with employment.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 2 - Employer Rights, Responsibilities, and Liability › Section 2-13 - Responsibilities of related entities

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 13.
(a) Where
				employing units are related because one (1) employing unit has created or
				acquired a separate employing unit with no existing experience account, the
				employing units are responsible for determining whether they are eligible for
				separate accounts before requesting a new account.
(b) Where employing units with properly
				acquired experience accounts become related and ineligible for separate
				accounts through acquisition or merger, the entities are responsible for
				reporting the acquisition or merger to the department. The department shall
				combine the experience balance of the two (2) accounts once it receives the
				report.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 2 - Employer Rights, Responsibilities, and Liability › Section 2-14 - Rate recalculation and penalties

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 14.
If employing units that are not eligible for separate
				  accounts obtain and use separate accounts, the department shall, once the error
				  has been discovered, retroactively recalculate the employing units' experience
				  rate as if the employing units had reported using a single account. The
				  recalculation must be made not later than four (4) completed calendar years
				  subsequent to the date that the contributions, penalties, or interest would
				  have become due, except that this limitation shall not apply to any
				  contributions, penalty, or interest that should have been paid with respect to
				  any incorrect report filed with the department which report was known or should
				  have been known to be incorrect by the employing unit. In addition, the
				  employing units may be subject to the following penalties:
(1) Penalties and interest as set forth in IC
				22-4-29-1.
(2) An increased merit rate under IC
				22-4-11-2.
(3) Criminal penalties set forth in IC
				22-4-34-2.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 2 - Employer Rights, Responsibilities, and Liability › Section 2-15 - Department notices to employers

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC
				  22-4-19-13; IC 22-4.1
Sec. 15.
(a) All
				notices to employers from the department shall be sent to one (1) of the
				following:
(1) An address designated by the
				employer. The designation must be entered into the Employer Self Service (ESS)
				application by an employee of the employer with the authority to designate a
				correspondence agent.
(2) The
				employer's designated agent or representative, if the employer elects to be
				represented by an agent or representative, and has properly entered the
				designation in the ESS application.
(3) The employer's ESS account.
The department may make all notices available
				  electronically.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 2 - Employer Rights, Responsibilities, and Liability › Section 2-16 - Posted notification

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 16.
All employers liable for the payment of unemployment
				  contributions must prominently display a poster, or posters, regarding
				  unemployment insurance. Upon request, an employer must provide to employees
				  information necessary for them to obtain their full rights and benefits under
				  IC 22-4.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 2 - Employer Rights, Responsibilities, and Liability › Section 2-17 - Payments to the department

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 17.
All payments made or due to the department must be made in
				  the manner prescribed by the department. The department may require all
				  payments to be made electronically.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 3 - Seasonal Employers and Employment › Section 3-1 - Seasonal employer status

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC
				  22-4-7-3; IC 22-4.1
Sec. 1.
(a) For an
				employer to be designated as a seasonal employer under IC
				22-4-7-3, the employer must submit
				an application to the department on the prescribed forms, attesting to the
				seasonal nature of the business or a portion of the business.
(b) Once an application for seasonal status
				filed under IC
				22-4-7-3 has been approved by the
				department, the effective date is the first day of the calendar quarter
				beginning after the date of the seasonal determination.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 3 - Seasonal Employers and Employment › Section 3-2 - Seasonal employment, worker definitions; report requirements

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC
				  22-4-8-4; IC 22-4.1
Sec. 2.
(a) Seasonal
				employment means service performed for an approved seasonal employer during the
				approved seasonal period of less than twenty-six (26) weeks.
(b) A seasonal worker is an individual
				employed by an approved seasonal employer who is employed for less than
				twenty-six (26) weeks in approved seasonal employment.
(c) An approved seasonal employer will be
				required to submit information on department forms detailing the number of
				positions classified as seasonal within the approved portion or portions of
				such business. Also included will be the opening and closing dates of each
				seasonal operation.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 3 - Seasonal Employers and Employment › Section 3-3 - Seasonal employment determination appeal

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC
				  22-4-32; IC 22-4.1
Sec. 3.
Any interested party may file an appeal to a determination
				  regarding an approval or disapproval of an election to become a seasonal
				  employer. The appeal must be filed within fifteen (15) days after the
				  determination to obtain review in accordance with IC
				  22-4-32.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 3 - Seasonal Employers and Employment › Section 3-4 - Loss of seasonal status

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 4.
A seasonal employer shall give written notice to the
				  department when the seasonal operation exceeds twenty-five (25) weeks in a
				  calendar year, within thirty (30) days after completion of the twenty-sixth
				  week of operation. The seasonal employer shall automatically lose its seasonal
				  status for that portion of its operation at the end of the calendar quarter,
				  and wages paid to individuals in that portion of the employer's operation will
				  be useable as regular wages to establish claims.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 3 - Seasonal Employers and Employment › Section 3-5 - Reinstatement of seasonal status

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 5.
An employer that loses seasonal status may apply for
				  reinstatement in any calendar year after the year in which its designation as a
				  seasonal employer was revoked.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 3 - Seasonal Employers and Employment › Section 3-6 - Notification to seasonal employees of employment limitations

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 6.
(a) An
				approved seasonal employer must notify a seasonal employee in writing of the
				following:
(1) The employee has been hired
				for a specific temporary seasonal period as determined by the
				department.
(2) The employee is
				performing services in seasonal employment for an approved seasonal
				employer.
(3) Employment will
				customarily be limited to the beginning and ending dates of the seasonal period
				as determined and approved by the department.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 3 - Seasonal Employers and Employment › Section 3-7 - Seasonal employment benefit payments

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 7.
(a) Benefits
				may be paid to individuals in seasonal employment on the basis of services
				performed in seasonal employment only if the claim is filed within the
				operating period of the approved seasonal employment.
(b) If the claim is filed outside the
				operating period, benefits may be paid on the basis of nonseasonal wages
				only.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 3 - Seasonal Employers and Employment › Section 3-8 - Seasonal employment wage reporting

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 8.
Seasonal employers shall comply with all reporting
				  requirements as set forth by the department.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 5 - Specific Types of Employment; Exempt Employers; Services Excluded from Employment › Section 5-1 - Trustees

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 1.
Individuals hired by a trustee to perform services in
				  connection with the trust property, and who are paid from the funds of the
				  trust, are considered in the employment of the trust, and not the
				  trustee.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 5 - Specific Types of Employment; Exempt Employers; Services Excluded from Employment › Section 5-2 - Bankruptcy trustees

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 2.
A bankruptcy trustee may be an employing unit or an
				  employer, but remuneration paid to the individual for services rendered as a
				  trustee in bankruptcy is not considered wages, because such trustee is not in
				  employment.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 5 - Specific Types of Employment; Exempt Employers; Services Excluded from Employment › Section 5-3 - Caddies

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 3.
A caddy who performs services for a member or guest of a
				  golf club is not an employee of the club, although the caddy's fees are paid
				  directly or indirectly by the club.
Indiana Administrative Code › Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT › Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION › Rule 5 - Specific Types of Employment; Exempt Employers; Services Excluded from Employment › Section 5-4 - Minor child or spouse employed in family business

Current through July 10, 2024
Authority: IC
				  22-4-18-1; IC
				  22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 4.
(a) A minor
				child who performs services for a partnership or corporation controlled by the
				parents of such minor child is considered to be employed by the partnership or
				corporation, and not by the minor child's parent or parents, but such
				employment is excluded if the firm is a partnership and the parents of the
				minor child are the sole owners and members of the partnership.
(b) Services performed for an employing unit
				by a minor child or spouse of the owner do not constitute employment, but if
				the employing unit is a partnership, an exempt relationship must exist with
				each member before such services shall be deemed as excluded
				services.