Disputed claims; conduct of hearings and appeals
Sec. 6. The manner in which disputed claims shall be presented
and the conduct of hearings and appeals shall be in accordance with
rules adopted by the board 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. 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.
Each party to a hearing before an administrative law judge held
under section 3 of this chapter shall be mailed a notice of the hearing
at least ten (10) days before the date of the hearing specifying the
place and time of the hearing and identifying the issues to be
decided. 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. A request for a continuance shall be submitted to the
administrative law judge scheduled to conduct the hearing if the
administrative law judge is available to receive the request, or
otherwise may be submitted to the local office in which or nearest to
which the hearing is scheduled to be held. 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.
(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.
Last modified: May 27, 2006