§ 22-4-13.3-8 — Contest of income withholding; basis for contest; administrative hearing; review of administrative decision

Indiana § 22-4-13.3-8

• Jurisdiction: Indiana
• Art. 4: UNEMPLOYMENT COMPENSATION SYSTEM
• Ch. 13.3: Administrative Withholding for Benefit

Text

(a) An individual who receives a notice under
section 2 of this chapter may contest the withholding and assert
exemptions by requesting, in writing, not later than fifteen (15) days
after the date on the notice, an administrative hearing by an
administrative law judge of the department.
(b) An administrative hearing under this section may be conducted
in either of the following ways:
(1) As a written records or "paper" hearing conducted by review
of written materials and other records.
(2) As a telephone or in person hearing conducted by review of
written materials and testimony.
(c) An individual who contests an income withholding is entitled to:
(1) an opportunity to inspect and copy records relating to the
overpayment;
(2) an opportunity to enter into a written agreement with the
department to establish a schedule for repayment of the
overpayment; and
(3) an opportunity for an administrative hearing conducted by an
administrative law judge of the department.
(d) An individual may contest an income withholding on the
following grounds:
(1) That the existence, past due status, or the amount of the
overpayment is incorrect.
(2) That the amount withheld was incorrectly calculated.
(3) That the overpayment is unenforceable as a matter of law.
(e) The department is not required to provide more than one (1)
hearing based on the same grounds or objections. If:
(1) the department has already provided a hearing on the
existence or the amount of the overpayment; and
(2) the employee does not have new evidence concerning the
overpayment;
the department may not repeat the hearing on the existence or amount
of the overpayment.
(f) The department's evidence concerning the existence, past due
status, and amount of the overpayment is automatically admitted as
evidence in the administrative hearing and must be considered by the
administrative law judge.
(g) An individual who receives an adverse decision following an
administrative hearing under this section may submit, not later than
fifteen (15) days after the date of the decision, a request in writing to
the commissioner that the commissioner or the commissioner's
designee review the decision in the manner prescribed by the
department. If the commissioner appoints a designee to review the
decision, the commissioner shall not appoint as a designee an employee
of the department's unemployment insurance program. The decision of
the commissioner or the commissioner's designee under this subsection
is final.

Legislative History

As added by P.L.183-2015, SEC.5. Amended by P.L.66-2018, SEC.3.