CHAPTER 19. ADMINISTRATION OF DEPARTMENT OF WORKFORCE DEVELOPMENT
IC 22-4-19
Chapter 19. Administration of Department of Workforce
Development
IC 22-4-19-1
Rules and regulations; investigations; change of rates
Sec. 1. The board shall have the power and authority to adopt,
amend, or rescind such rules and regulations to employ such persons,
make such expenditures, require such reports, make such
investigations and take such other action as it may deem necessary
or suitable for the proper administration of this article. All rules and
regulations issued under the provisions of this article shall be
effective upon publication in the manner hereinafter provided and
shall have the force and effect of law. The board may prescribe the
extent, if any, to which any rule or regulation so issued or legal
interpretation of this article shall be with or without retroactive
effect. Whenever the board believes that a change in contribution or
benefit rates will become necessary to protect the solvency of the
unemployment insurance benefit fund, it shall promptly so inform the
governor and the general assembly, and make recommendations with
respect thereto.
(Formerly: Acts 1947, c.208, s.2001.) As amended by Acts 1978,
P.L.6, SEC.32; P.L.108-2006, SEC.38.
IC 22-4-19-2
Repealed
(Repealed by P.L.108-2006, SEC.66.)
IC 22-4-19-3
Repealed
(Repealed by P.L.108-2006, SEC.66.)
IC 22-4-19-4
Professional employees; compensation; bond
Sec. 4. Subject to the further provisions of this article, the board
is authorized to appoint, fix the compensation, and prescribe the
duties and powers of such officers, accountants, attorneys, experts,
and other persons as may be necessary in the performance of its
duties. All positions shall be filled by persons selected and appointed
as provided in this section. The board may authorize any such person
so appointed to do any act or acts which would lawfully be done by
the board and may, in its discretion, require suitable bond from any
person charged with the custody of any money or securities.
(Formerly: Acts 1947, c.208, s.2004.) As amended by P.L.144-1986,
SEC.111.
IC 22-4-19-5
Training; public works; use of unemployed
Sec. 5. The board, through its appropriate activities, shall take all
appropriate steps to reduce and prevent unemployment; to encourage
and assist in the adoption of practical methods of career and
technical training, retraining, and vocational guidance; to investigate,
recommend, advise, and assist in the establishment and operation, by
municipal corporations, counties, school districts, and the state, of
reserves for public works to be used in times of business depression
and unemployment; to promote the re-employment of unemployed
workers throughout the state in every way that may be feasible; and
to these ends to carry on and publish the results of investigations and
research studies.
(Formerly: Acts 1947, c.208, s.2005.) As amended by P.L.234-2007,
SEC.143.
IC 22-4-19-6
Records; inspection; reports; confidentiality; violations; processing
fee
Sec. 6. (a) Each employing unit shall keep true and accurate
records containing information the department considers necessary.
These records are:
(1) open to inspection; and
(2) subject to being copied;
by an authorized representative of the department at any reasonable
time and as often as may be necessary. The department, the review
board, or an administrative law judge may require from any
employing unit any verified or unverified report, with respect to
persons employed by it, which is considered necessary for the
effective administration of this article.
(b) Except as provided in subsections (d) and (f), information
obtained or obtained from any person in the administration of this
article and the records of the department relating to the
unemployment tax or the payment of benefits is confidential and may
not be published or be open to public inspection in any manner
revealing the individual's or the employing unit's identity, except in
obedience to an order of a court or as provided in this section.
(c) A claimant or an employer at a hearing before an
administrative law judge or the review board shall be supplied with
information from the records referred to in this section to the extent
necessary for the proper presentation of the subject matter of the
appearance. The department may make the information necessary for
a proper presentation of a subject matter before an administrative law
judge or the review board available to an agency of the United States
or an Indiana state agency.
(d) The department may release the following information:
(1) Summary statistical data may be released to the public.
(2) Employer specific information known as ES 202 data and
data resulting from enhancements made through the business
establishment list improvement project may be released to the
Indiana economic development corporation only for the
following purposes:
(A) The purpose of conducting a survey.
(B) The purpose of aiding the officers or employees of the
Indiana economic development corporation in providing
economic development assistance through program
development, research, or other methods.
(C) Other purposes consistent with the goals of the Indiana
economic development corporation and not inconsistent with
those of the department, including the purposes of
IC 5-28-6-7.
(3) Employer specific information known as ES 202 data and
data resulting from enhancements made through the business
establishment list improvement project may be released to the
budget agency and the legislative services agency only for
aiding the employees of the budget agency or the legislative
services agency in forecasting tax revenues.
(4) Information obtained from any person in the administration
of this article and the records of the department relating to the
unemployment tax or the payment of benefits for use by the
following governmental entities:
(A) department of state revenue; or
(B) state or local law enforcement agencies;
only if there is an agreement that the information will be kept
confidential and used for legitimate governmental purposes.
(e) The department may make information available under
subsection (d)(1), (d)(2), or (d)(3) only:
(1) if:
(A) data provided in summary form cannot be used to
identify information relating to a specific employer or
specific employee; or
(B) there is an agreement that the employer specific
information released to the Indiana economic development
corporation, the budget agency, or the legislative services
agency will be treated as confidential and will be released
only in summary form that cannot be used to identify
information relating to a specific employer or a specific
employee; and
(2) after the cost of making the information available to the
person requesting the information is paid under IC 5-14-3.
(f) In addition to the confidentiality provisions of subsection (b),
the fact that a claim has been made under IC 22-4-15-1(c)(8) and any
information furnished by the claimant or an agent to the department
to verify a claim of domestic or family violence are confidential.
Information concerning the claimant's current address or physical
location shall not be disclosed to the employer or any other person.
Disclosure is subject to the following additional restrictions:
(1) The claimant must be notified before any release of
information.
(2) Any disclosure is subject to redaction of unnecessary
identifying information, including the claimant's address.
(g) An employee:
(1) of the department who recklessly violates subsection (a), (c),
(d), (e), or (f); or
(2) of any governmental entity listed in subsection (d)(4) who
recklessly violates subsection (d)(4);
commits a Class B misdemeanor.
(h) An employee of the Indiana economic development
corporation, the budget agency, or the legislative services agency
who violates subsection (d) or (e) commits a Class B misdemeanor.
(i) An employer or agent of an employer that becomes aware that
a claim has been made under IC 22-4-15-1(c)(8) shall maintain that
information as confidential.
(j) The department may charge a reasonable processing fee not to
exceed two dollars ($2) for each record that provides information
about an individual's last known employer released in compliance
with a court order under subsection (b).
(Formerly: Acts 1947, c.208, s.2006.) As amended by Acts 1978,
P.L.2, SEC.2217; P.L.17-1984, SEC.6; P.L.18-1987, SEC.57;
P.L.135-1990, SEC.17; P.L.110-1992, SEC.1; P.L.21-1995, SEC.97;
P.L.235-1999, SEC.11; P.L.290-2001, SEC.15; P.L.189-2003,
SEC.8; P.L.4-2005, SEC.131; P.L.108-2006, SEC.39; P.L.175-2009,
SEC.33; P.L.182-2009(ss), SEC.367; P.L.110-2010, SEC.33.
IC 22-4-19-6.5
Information available through enhanced electronic access system
Sec. 6.5. (a) The department may make available through the
enhanced electronic access system established by the office of
technology established by IC 4-13.1-2-1 secure electronic access for
creditors to employer provided information on the amount of wages
paid by an employer to an employee.
(b) The enhanced electronic access system established by the
office of technology may enter into a contract with one (1) or more
private entities to allow private entities to provide secure electronic
access to employer provided information held by the department on
the amount of wages paid by an employer to an employee.
(c) A creditor may obtain wage report information from a private
entity if the creditor first obtains written consent from the employee
whose information the creditor seeks to obtain. A creditor that has
entered into a contract with the enhanced electronic access system
must retain a written consent received under this section for at least
three (3) years or for the length of the loan if the loan is for less than
three (3) years.
(d) Written consent from the employee must include the
following:
(1) A statement that the written consent is the authorization for
the creditor to obtain information on the employee's
employment and wage history.
(2) A statement that the information is obtained solely for the
purpose of reviewing a specific application for credit.
(3) Notification that state agency files containing employment
and wage history will be accessed to provide the information.
(4) A listing of all parties that will receive the information
obtained.
(e) Information under this section may only be released to a
creditor for the purpose of satisfying the standard underwriting
requirements of the creditor or a client of the creditor for one (1)
credit transaction per employee written consent.
(f) The costs of implementing and administering the release of
information must be paid by the private entity or entities that contract
with the enhanced electronic access system established by the office
of technology.
(g) For employee information under this section, a private entity
that enters a contract with the enhanced electronic access system
established by the office of technology for release of employee
information must comply with:
(1) the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.);
(2) all state and federal privacy laws; and
(3) the rules regarding the release of information adopted by the
United States Department of Labor.
(h) A private entity that has entered into a contract with the
enhanced electronic access system under subsection (b) must
maintain a consent verification system that audits at least five percent
(5%) of daily transactions and must maintain a file of audit
procedures and results.
(i) A person who violates this section commits a Class A
infraction.
As added by P.L.226-1999, SEC.1. Amended by P.L.177-2005,
SEC.43.
IC 22-4-19-7
Records; examination
Sec. 7. In any case where an employing unit, or any officer,
member, or agent thereof or any other person having possession of
the records thereof, shall fail or refuse upon demand by the board,
the department, the review board, or an administrative law judge, or
the duly authorized representative of any of them, to produce or
permit the examination or copying of any book, paper, account,
record, or other data pertaining to payrolls or employment or
ownership of interests or stock in any employing unit, or bearing
upon the correctness of any contribution report, or for the purpose of
making a report as required by this article where none has been
made, then and in that event the board, the department, the review
board, or the administrative law judge, or the duly authorized
representative of any of them, may by issuance of a subpoena require
the attendance of such employing unit, or any officer, member, or
agent thereof or any other person having possession of the records
thereof, and take testimony with respect to any such matter and may
require any such person to produce any books or records specified in
such subpoena.
(Formerly: Acts 1947, c.208, s.2007.) As amended by P.L.144-1986,
SEC.112; P.L.135-1990, SEC.18; P.L.290-2001, SEC.16;
P.L.108-2006, SEC.40; P.L.175-2009, SEC.34.
IC 22-4-19-8
Records; subpoenas; enforcement
Sec. 8. (a) The board, the department, the review board, or the
administrative law judge, or the duly authorized representative of any
of them, at any such hearing shall have power to administer oaths to
any such person or persons. When any person called as a witness by
such subpoena, duly signed, and served upon the witness by any duly
authorized person or by the sheriff of the county of which such
person is a resident, or wherein is located the principal office of such
employing unit or wherein such records are located or kept, shall fail
to obey such subpoena to appear before the board, the department,
the review board, or the administrative law judge, or the authorized
representative of any of them, or shall refuse to testify or to answer
any questions, or to produce any book, record, paper, or other data
when notified and demanded so to do, such failure or refusal shall be
reported to the attorney general for the state of Indiana who shall
thereupon institute proceedings by the filing of a petition in the name
of the state of Indiana on the relation of the board, in the circuit court
or superior or other court of competent jurisdiction of the county
where such witness resides, or wherein such records are located or
kept, to compel obedience of and by such witness.
(b) Such petition shall set forth the facts and circumstances of the
demand for and refusal or failure to permit the examination or
copying of such records or the failure or refusal of such witness to
testify in answer to such subpoena or to produce the records so
required by such subpoena. Such court, upon the filing and docketing
of such petition shall thereupon promptly issue an order to the
defendants named in said petition, to produce forthwith in such court
or at a place in such county designated in such order, for the
examination or copying by the board, the department, the review
board, an administrative law judge, or the duly authorized
representative of any of them, the records, books, or documents so
described and to testify concerning matters described in such
petition. Unless such defendants to such petition shall appear in said
court upon a day specified in such order, which said day shall be not
more than ten (10) days after the date of issuance of such order, and
offer, under oath, good and sufficient reasons why such examination
or copying should not be permitted, or why such subpoena should not
be obeyed, such court shall thereupon deliver to the board, the
department, the review board, the administrative law judge, or
representative of any of them, for examination or copying, the
records, books and documents so described in said petition and so
produced in such court and shall order said defendants to appear in
answer to the subpoena, and to testify concerning the subject matter
of the inquiry. Any employing unit, or any officer, member, or agent
thereof, or any other persons having possession of the records thereof
who shall willfully disobey such order of the court after the same
shall have been served upon him, shall be guilty of indirect contempt
of such court from which such order shall have issued and may be
adjudged in contempt of said court and punished therefor as provided
by law.
(Formerly: Acts 1947, c.208, s.2008.) As amended by P.L.135-1990,
SEC.19; P.L.108-2006, SEC.41.
IC 22-4-19-9
Payroll reports; preparation
Sec. 9. If any employing unit fails to make any payroll report
required by this article, the commissioner shall give written notice by
mail to the employing unit to make and file the report within ten (10)
days from the date of the notice. If the employing unit, by its proper
members, officers, or agents, fails or refuses to make and file the
report within such time, the report shall be made by the department
from the best information available, and the amount of contribution
and skills 2016 training assessment due shall be computed thereon
and the report shall be prima facie correct for the purposes of this
article.
(Formerly: Acts 1947, c.208, s.2009; Acts 1951, c.295, s.11.) As
amended by P.L.20-1986, SEC.13; P.L.18-1987, SEC.58;
P.L.21-1995, SEC.98; P.L.290-2001, SEC.17.
IC 22-4-19-10
Reports; failure to file; penalties
Sec. 10. Any employing unit which negligently or wilfully fails to
submit any report of information required for the proper
administration of this article demanded by the commissioner within
ten (10) days after request for the same is sent to the employing unit
by registered mail shall be assessed a penalty of twenty-five dollars
($25).
(Formerly: Acts 1947, c.208, s.2010; Acts 1971, P.L.355, SEC.44.)
As amended by P.L.21-1995, SEC.99.
IC 22-4-19-11
Records; destruction
Sec. 11. The commissioner may destroy or otherwise dispose of
under IC 5-15-5.1-14 such reports or records as have been properly
recorded or summarized in the records of the department.
(Formerly: Acts 1947, c.208, s.2011.) As amended by P.L.144-1986,
SEC.113; P.L.18-1987, SEC.59; P.L.121-1995, SEC.3; P.L.21-1995,
SEC.100.
IC 22-4-19-12
Records; foreign states and foreign countries; criminal actions
Sec. 12. Records, with any necessary authentication thereof,
required in the prosecution of any criminal action brought by another
state or foreign government for misrepresentation or failure to
disclose a material fact to obtain benefits under the law of this state,
shall be made available to the agency administering the employment
security law of any such state or foreign government for the purpose
of such prosecution.
(Formerly: Acts 1947, c.208, s.2012; Acts 1951, c.295, s.11 1/2.)
IC 22-4-19-13
Benefits; charges to experience accounts; change of rates; notice
Sec. 13. (a) Where an employer makes an offer of employment
directly to a claimant, promptly giving written notice to the
department of such offer, or when any such employer makes such
offer of employment in writing through the department, the
commissioner, the deputy, or an authorized representative of the state
or the United States employment service, which offer shall specify
such claimant by name, and when such claimant thereafter fails to
register subsequent to the receipt of such offer of employment by the
department, the commissioner, the deputy, or an authorized
representative of the state or the United States employment service,
then a notice in writing shall promptly be mailed to such employer
of such claimant's said failure to return and to register. If such
claimant thereafter, in the claimant's benefit period, again registers
or renews and continues the claimant's claim for benefits, such
employer shall promptly be mailed notice of such fact in order that
the employer may have an opportunity to renew and remake an offer
of employment to such claimant.
(b) Upon the filing by an individual of an additional claim for
benefits, a notice in writing or a carbon copy of such additional claim
shall be mailed promptly to the base period employer or employers
and to the employing unit including an employer from whose employ
the individual claims to have been last separated.
(c) Upon the filing by an individual of an initial claim for benefits,
a notice in writing or a carbon copy of such initial claim shall be
mailed promptly to the employing unit including an employer from
whose employ the individual claims to have been last separated. The
computation of the benefit rights of such individual shall be made as
promptly as possible and, if such claim is deemed valid, then a notice
of benefit liability shall be mailed to each employer whose
experience account is potentially chargeable with benefits to be paid
to such individual. Such notice shall contain the date, the name and
social security 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 year. Such notice shall further contain
information as to the proportion of benefits chargeable to the
employer's experience account in ratio to the earnings of such
individual from such employer and shall advise such employer of the
employer's right to protest such claim and the payment of any
benefits thereon and of the place and time within which protest must
be made and the form and contents thereof.
(d) Whenever a determination is made with respect to the validity
of any claim for benefits, or the eligibility of any claimant for
benefits, which involves the cancellation of wage credits or benefit
rights, the imposition of any disqualification, period of ineligibility
or penalty, or the denial thereof, a notice in writing shall promptly be
mailed to such claimant and to each employer directly involved or
connected with the issue raised as to the validity of such claim, the
eligibility of such claimant for benefits, or the imposition of a
disqualification period of ineligibility or penalty, or the denial
thereof. Such employer or such claimant may protest any such
determination within such time limits and in such manner as
provided in IC 22-4-17-2 and upon said protest shall be entitled to a
hearing as provided in IC 22-4-17-2 and IC 22-4-17-3.
(e) Every employer shall be mailed a monthly report of benefit
charges which shall contain an itemized statement showing the
names of individuals to whom benefits were paid and charged to the
experience account of such employer, the weeks with respect to
which each such individual received benefits, the amount thereof,
and the total amount of benefits charged to such employer's said
account during the period covered by such report.
(f) Following the computation of rates of contribution for
employers for each calendar year, each employer shall be mailed not
later than ninety (90) days after the effective date of such rates a
notice in writing setting out the employer's rate of contribution for
such year, computed by the department as of the preceding June 30,
together with sufficient information for such employer to determine
and compute the amount of a voluntary payment required from such
employer in order to qualify for and obtain a lower rate of
contribution for such year and also advising such employer of the
length of time within which or last date upon which said voluntary
payment will be received or can be made.
(Formerly: Acts 1947, c.208, s.2013; Acts 1951, c.307, s.4; Acts
1953, c.177, s.24; Acts 1957, c.261, s.4; Acts 1967, c.310, s.21.) As
amended by P.L.144-1986, SEC.114; P.L.11-1987, SEC.25;
P.L.18-1987, SEC.60; P.L.21-1995, SEC.101.
IC 22-4-19-14
Federal laws; invalidity or stay; suspension of article
Sec. 14. If the board determines that Public Law 94-566 or the
federal laws it amends have been adjudged unconstitutional or
invalid in its application to, or have been stayed pendente lite as to,
a state or a political subdivision or an instrumentality which is
wholly owned by the state and one (1) or more other states or
political subdivisions and its employees by any court of competent
jurisdiction, the board shall suspend the enforcement of this article
with respect to these employers and employees to the extent of the
adjudged unconstitutionality or inapplicability or of the stay.
As added by Acts 1977, P.L.262, SEC.28.