§ 22-4-17-5 — Review board; appointments; hearings

Indiana § 22-4-17-5

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

Text

(a) The governor shall appoint a review board
composed of three (3) members, not more than two (2) of whom shall
be members of the same political party, with salaries to be fixed by the
governor. The review board shall consist of the chairman and the two
(2) members who shall serve for terms of three (3) years. At least one
(1) member must be admitted to the practice of law in Indiana.
(b) Any claim pending before an administrative law judge, and all
proceedings arising from that claim, may be transferred to and
determined by the review board upon its own motion, at any time
before the administrative law judge announces a decision. If the review
board considers it advisable to procure additional evidence, it may
direct the taking of additional evidence within a time period it shall fix.
An employer that is a party to a claim transferred to the review board
under this subsection is entitled to receive notice in accordance with
section 6 of this chapter of the transfer or any other action to be taken
under this section before a determination is made or other action
concerning the claim is taken.
(c) Any proceeding so removed to the review board shall be heard
by a quorum of the review board in accordance with the requirements
of section 3 of this chapter. The review board shall notify the parties to
any claim of its decision, together with its reasons for the decision.
(d) Members of the review board, when acting as administrative law
judges, are subject to section 15 of this chapter.
(e) The review board may on the board's own motion affirm, modify,
set aside, remand, or reverse the findings, conclusions, or orders of an
administrative law judge on the basis of any of the following:
(1) Evidence previously submitted to the administrative law
judge.
(2) The record of the proceeding after the taking of additional
evidence as directed by the review board.
(3) A procedural error by the administrative law judge.
Formerly: Acts 1947, c.208, s.1805; Acts 1965, c.190, s.12. As
amended by P.L.34-1985, SEC.7; P.L.135-1990, SEC.9; P.L.173-1991,
SEC.1; P.L.175-2009, SEC.30; P.L.171-2016, SEC.14; P.L.136-2018,
SEC.113.