§ 22-4-17-6 — Disputed claims; conduct of hearings and appeals

Indiana § 22-4-17-6

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

Text

(a) The manner in which disputed claims shall
be presented and the conduct of hearings and appeals, including the
conduct of administrative law judges, review board members, and other
individuals who adjudicate claims during a hearing or other
adjudicative process, shall be in accordance with rules adopted by the
department for determining the rights of the parties, whether or not the
rules conform to common law or statutory rules of evidence and other
technical rules of procedure.
(b) The proceedings before an administrative law judge are de novo,
except as provided in subsection (c).
(c) Administrative law judges, review board members, and other
individuals who adjudicate claims during a hearing or other
adjudicative process may consider as evidence and include in the
record described in subsection (d) records of the department that are
material to the issues being considered in the hearing if the records are
made available to the interested parties prior to the hearing.
(d) A full and complete record shall be kept of all proceedings in
connection with a disputed claim. The testimony at any hearing upon
a disputed claim need not be transcribed unless the disputed claim is
further appealed.
(e) Each party to a hearing before an administrative law judge held
under section 3 of this chapter shall be sent a notice of the hearing at
least ten (10) days before the date of the hearing specifying the date,
place, and time of the hearing, identifying the issues to be decided, and
providing complete information about the rules of evidence and
standards of proof that the administrative law judge will use to
determine the validity of the claim.
(f) If a hearing so scheduled has not commenced within at least sixty
(60) minutes of the time for which it was scheduled, then a party
involved in the hearing may request a continuance of the hearing. Upon
submission of a request for continuance of a hearing under
circumstances provided in this section, the continuance shall be
granted unless the party requesting the continuance was responsible for
the delay in the commencement of the hearing as originally scheduled.
In the latter instance, the continuance shall be discretionary with the
administrative law judge. Testimony or other evidence introduced by
a party at a hearing before an administrative law judge or the review
board that another party to the hearing:
(1) is not prepared to meet; and
(2) by ordinary prudence could not be expected to have
anticipated;
shall be good cause for continuance of the hearing and upon motion
such continuance shall be granted.
(g) The administrative records of the department are
self-authenticating and admissible in the administrative hearing.
Formerly: Acts 1947, c.208, s.1806; Acts 1963, c.208, s.1. As
amended by P.L.144-1986, SEC.105; P.L.219-1989, SEC.1;
P.L.135-1990, SEC.10; P.L.108-2006, SEC.31; P.L.175-2009, SEC.31;
P.L.122-2019, SEC.30; P.L.119-2020, SEC.2; P.L.200-2025,
SEC.23.