Filing; determination of status; hearings; disputed claims
Sec. 2. (a) When an individual files an initial claim, the
department shall promptly make a determination of the individual's
status as an insured worker in a form prescribed by the board. A
written notice of the determination of insured status shall be
furnished to the individual promptly. Each such determination shall
be based on and include a written 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 such 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. Unless the individual, within ten
(10) days after such determination was mailed to the individual's last
known address, or otherwise delivered to the individual, asks a
hearing thereon before an administrative law judge, such
determination shall be final and benefits shall be paid or denied in
accordance therewith.
(b) Except as provided in subsection (i), 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 such individual with a notice in writing of the employer's
benefit liability. Such 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. Such 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 such individual from such employer. Unless the
employer, within ten (10) days after such notice of benefit liability
was mailed to the employer's last known address, or otherwise
delivered to the employer, asks a hearing thereon before an
administrative law judge, such determination shall be final and
benefits paid shall be charged in accordance therewith.
(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 of such
facts within ten (10) days after the mailing of notice that a former
employee has filed an initial or additional claim for benefits on a
form prescribed by the board.
(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 therefor, and the cause for which the
claimant left the claimant's work, or may refer such claim to an
administrative law judge who shall make the initial determination
with respect thereto in accordance with the procedure in
IC 22-4-17-3.
(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 such claim, the
eligibility of the claimant for waiting period credit or benefits, or the
imposition of a disqualification period or penalty, or the denial
thereof, and of the cause for which the claimant left the claimant's
work, of such determination and the reasons thereof. Except as
otherwise hereinafter provided in this subsection regarding parties
located in Alaska, Hawaii, and Puerto Rico, unless the claimant or
such employer, within ten (10) days after such notification was
mailed to the claimant's or the employer's last known address, or
otherwise delivered to the claimant or the employer, asks a hearing
before an administrative law judge thereon, such decision shall be
final and benefits shall be paid or denied in accordance therewith.
With respect to notice of disputed administrative determination or
decision mailed or otherwise delivered to the claimant or employer
either of whom is located in Alaska, Hawaii, or Puerto Rico, unless
such claimant or employer, within fifteen (15) days after such
notification was mailed to the claimant's or employer's last known
address or otherwise delivered to the claimant or employer, asks a
hearing before an administrative law judge thereon, such decision
shall be final and benefits shall be paid or denied in accordance
therewith. If such hearing is desired, the request therefor shall be
filed with the commissioner in writing within the prescribed periods
as above set forth in this subsection and shall be in such form as the
board may prescribe. 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 said claimant unless said
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.
(f) A person may not participate on behalf of the department in
any case in which the person is an interested party.
(g) 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 appearing therein.
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 writing within the prescribed periods as above set
forth in subsection (c).
(h) 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.
(i) 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 that a claim for benefits has
been made.
(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.
Last modified: May 27, 2006