§ 22-4-17-2 — Filing; determination of status; disputed claims; hearings

Indiana § 22-4-17-2

• Jurisdiction: Indiana
• Art. 4: UNEMPLOYMENT COMPENSATION SYSTEM
• Ch. 17: Claims for Benefits

Text

(a) When an individual files an initial claim,
the department shall promptly make a determination of the individual's
status as an insured worker. A notice of the determination of insured
status shall be furnished to the individual promptly. Each determination
shall be based on and include a statement showing the amount of wages
paid to the individual for insured work by each employer during the
individual's base period and shall include a finding as to whether the
wages meet the requirements for the individual to be an insured
worker, and, if so, the week ending date of the first week of the
individual's benefit period, the individual's weekly benefit amount, and
the maximum amount of benefits that may be paid to the individual for
weeks of unemployment in the individual's benefit period. For the
individual who is not insured, the notice shall include the reason for the
determination. The following apply in regard to the determination:
(1) Unless the individual, within fifteen (15) days after the
determination was sent by the department to the individual, asks
for a hearing before an administrative law judge, the
determination shall be final and benefits shall be paid or denied
in accordance with the determination. The date listed under date
sent on the determination of eligibility is prima facie evidence
that the determination was sent to the party on that date.
(2) If an individual asks for a wage investigation, the
unemployment insurance tax division shall promptly perform an
investigation to determine whether wages from insured work
should be added or subtracted from the claim. A determination of
the wage investigation shall be furnished to the individual
promptly upon completion. Unless the individual, within fifteen
(15) days after the determination was sent by the unemployment
insurance tax division, requests an appeal to a liability
administrative law judge under IC 22-4-32-1, the determination
shall be final.
(b) The department shall promptly furnish each employer in the base
period whose experience or reimbursable account is potentially
chargeable with benefits to be paid to the individual with a notice of
the employer's benefit liability. The notice shall contain the date, the
name and Social Security account number of the individual, the ending
date of the individual's base period, and the week ending date of the
first week of the individual's benefit period. The notice shall further
contain information as to the proportion of benefits chargeable to the
employer's experience or reimbursable account in ratio to the earnings
of the individual from the employer. Unless the employer within fifteen
(15) days after the notice of benefit liability was sent by the department
to the employer, asks for a hearing before a liability administrative law
judge, the determination shall be final and benefits paid shall be
charged in accordance with the determination.
(c) An employing unit, including an employer, having knowledge
of any facts which may affect an individual's eligibility or right to
waiting period credits or benefits, shall notify the department in the
form and manner prescribed by the department of those facts within ten
(10) days after the claim for benefits was sent by the department.
(d) In addition to the foregoing determination of insured status by
the department, the deputy shall, throughout the benefit period,
determine the claimant's eligibility with respect to each week for which
the claimant claims waiting period credit or benefit rights, the validity
of the claimant's claim, and the cause for which the claimant left the
claimant's work, or may refer the claim to an administrative law judge
who shall make the initial determination in accordance with the
procedure in section 3 of this chapter.
(e) In cases where the claimant's benefit eligibility or
disqualification is disputed, the department shall promptly notify the
claimant and the employer or employers directly involved or connected
with the issue raised as to the validity of the claim, the eligibility of the
claimant for waiting period credit or benefits, or the imposition of a
disqualification period or penalty, or the denial of the claim, and of the
cause for which the claimant left the claimant's work, of the
determination and the reasons for the determination.
(f) Except as otherwise provided in this section regarding parties
located in Alaska, Hawaii, and Puerto Rico, unless the claimant or the
employer, within fifteen (15) days after the notification required by
subsection (e), was sent by the department to the claimant or the
employer, asks for a hearing before an administrative law judge, the
decision shall be final and benefits shall be paid or denied in
accordance with the decision.
(g) For a notice of disputed administrative determination or decision
sent by the department to the claimant or employer either of whom is
located in Alaska, Hawaii, or Puerto Rico, unless the claimant or
employer, within fifteen (15) days after the notification required by
subsection (e) was sent to the claimant or employer, asks for a hearing
before an administrative law judge, the decision shall be final and
benefits shall be paid or denied in accordance with the decision.
(h) If a claimant or an employer requests a hearing under subsection
(f) or (g), the request shall be filed with the department within the
prescribed periods provided in this section and shall be in the form and
manner prescribed by the department. In the event a hearing is
requested by an employer or the department after it has been
administratively determined that benefits should be allowed to a
claimant, entitled benefits shall continue to be paid to the claimant
unless the administrative determination has been reversed by a due
process hearing. Benefits with respect to any week not in dispute shall
be paid promptly regardless of any appeal.
(i) A person may not participate on behalf of the department in any
case in which the person is an interested party.
(j) Solely on the ground of obvious administrative error appearing
on the face of an original determination, and within the benefit year of
the affected claims, the commissioner, or a representative authorized
by the commissioner to act in the commissioner's behalf, may
reconsider and direct the deputy to revise the original determination so
as to correct the obvious error. Time for filing an appeal and requesting
a hearing before an administrative law judge regarding the
determinations handed down pursuant to this subsection shall begin on
the date following the date of revision of the original determination and
shall be filed with the commissioner in the form and manner prescribed
by the department within the prescribed periods provided in subsection
(c).
(k) Notice to the employer and the claimant that the determination
of the department is final if a hearing is not requested shall be
prominently displayed on the notice of the determination which is sent
to the employer and the claimant.
(l) If an allegation of the applicability of IC 22-4-15-1(c)(8) is made
by the individual at the time of the claim for benefits, the department
shall not notify the employer of the claimant's current address or
physical location.
(m) All individuals who have not previously verified their identity
with the department shall, prior to filing a new claim for unemployment
benefits, verify their identity in the form and manner prescribed by the
department.
(n) An individual is ineligible for unemployment benefits or
extended benefits unless the individual has verified the individual's
identity in the form and manner prescribed by the department.
Formerly: Acts 1947, c.208, s.1802; Acts 1953, c.177, s.22;
Acts 1955, c.317, s.10; Acts 1965, c.190, s.11; Acts 1969, c.300, s.5;
Acts 1971, P.L.355, SEC.42; Acts 1972, P.L.174, SEC.2. As amended
by Acts 1977, P.L.262, SEC.27; P.L.18-1987, SEC.47; P.L.135-1990,
SEC.6; P.L.1-1991, SEC.152; P.L.21-1995, SEC.86; P.L.290-2001,
SEC.10; P.L.189-2003, SEC.5; P.L.273-2003, SEC.5; P.L.97-2004,
SEC.84; P.L.108-2006, SEC.29; P.L.175-2009, SEC.27; P.L.110-2010,
SEC.31; P.L.1-2010, SEC.88; P.L.42-2011, SEC.41; P.L.154-2013,
SEC.7; P.L.122-2019, SEC.29; P.L.200-2025, SEC.22.