646 Ind. Admin. Code 5-10-6

Current through May 29, 2024

Section 646 IAC 5-10-6 - Continuances; dismissals

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

Affected: IC 22-4; IC 22-4.1

Sec. 6.

(a) An administrative law judge or the review board may continue any hearing upon its own motion, or upon request by any party to the appeal. The request must be received not later than three (3) days before the date of the hearing, unless the requesting party can demonstrate an unforeseen emergency. The request must set forth good cause for the granting of the request. A copy of the request must be served upon all parties to the hearing. A request for a continuance of a hearing pending before an administrative law judge shall be filed with that administrative law judge. A request for a continuance of a hearing pending before the review board shall be filed with the chairperson of the review board.

(b) Requests for continuances for cases pending longer than sixty (60) days from the filing date of the appeal will not be granted, unless the requesting party can demonstrate an unforeseen emergency.

(c) If the appealing party in a hearing pending before an administrative law judge or the review board fails to appear for a scheduled hearing, after having received due notice, the administrative law judge or the review board shall dismiss the appeal, and the underlying, appealed determination shall be deemed final, unless the appeal is reinstated pursuant to the provisions of this rule.

(d) An administrative law judge, or the review board, may, in their discretion, dismiss any appeal that in their judgment has been abandoned by all interested parties, and the underlying, appealed determination of eligibility, or administrative law judge decision, shall be deemed final, unless the appeal is reinstated pursuant to the provisions of this rule.

646 IAC 5-10-6

Department of Workforce Development; 646 IAC 5-10-6; 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