646 Ind. Admin. Code 5-10-2

Current through October 31, 2024

Section 646 IAC 5-10-2 - Request for hearing before administrative law judge; notice of hearing

Authority: IC 22-4-18-1; IC 22-4.1-3-3

Affected: IC 22-4; IC 22-4.1

Sec. 2.

(a) Any interested party in the claim of an employee shall be entitled to a hearing before an administrative law judge relative to the merits of the claim.

(b) "Interested party" means the following:

(1) The claimant who filed the claim for benefits.

(2) Any employer whose account may be affected by the adjudication of the claim.

(3) Any employer in the claimant's base period.

(4) Any employer:

(A) who has made an offer of work to the claimant; or

(B) to whose employment the claimant has been furnished a referral.

(5) The claimant's last, separating employer prior to the filing of the claim.

(c) A party appealing a determination issued by the department shall file its appeal in the manner prescribed by the department. The appealing party shall include with its appeal a copy of the determination being appealed.

(d) Upon scheduling a hearing on an appeal, a notice of hearing shall be sent to the following:

(1) The claimant at the claimant's last known address of record listed with the department or the claimant self service system uplink account.

(2) Any employer described in subsection (b) involved in the appealed issue.

(3) The department, if it is a party to the appealed issue.

646 IAC 5-10-2

Department of Workforce Development; 646 IAC 5-10-2; filed Apr 26, 2011, 11:23 a.m.: 20110525-IR-646100464FRA

Readopted filed 11/27/2017, 3:22 p.m.: 20171227-IR-646170447RFA

Filed 2/25/2019, 2:18 p.m.: 20190327-IR-646180408FRA, eff 3/30/2019

Readopted filed 6/16/2023, 1:21 p.m.: 20230712-IR-646230344RFA