Section 646 IAC 5-10-25 - Proceedings before the liability administrative law judgeAuthority: IC 22-4-18-1; IC 22-4.1-3-3
Affected: IC 22-4-32-4; IC 22-4.1
Sec. 25.
(a) Any protest filed by an employer under IC 22-4-32-4 must contain the cause or grounds for the protest, and the particular fact or facts relied upon to support the protest. The protesting employer may file either on the form provided by the department for that purpose or on any other document that shows an intent to protest the department's determination. The employer: (1) must sign the protest; and(2) shall file the protest with the commissioner.(b) After the protest is received by the commissioner, the commissioner, or the commissioner's designee, shall refer the protest to the liability administrative law judge, who will set the date, time, and place for the hearing. The hearing will be scheduled to be held no fewer than ten (10) days following the date the notice of hearing was sent.(c) By permission of the liability administrative law judge, the employer may amend its protest at any time prior to the beginning of the hearing. The hearing will be confined to the issues raised by the employer's protest.(d) Unless the employer's protest is filed within the statutory time period, the department's liability determination shall be considered to be correct and final.(e) The liability administrative law judge shall have no jurisdiction to determine the benefit rights of any individual to whom benefits have been paid as the result of a final determination.Department of Workforce Development; 646 IAC 5-10-25; filed Apr 26, 2011, 11:23 a.m.: 20110525-IR-646100464FRAReadopted filed 11/27/2017, 3:22 p.m.: 20171227-IR-646170447RFAFiled 2/25/2019, 2:18 p.m.: 20190327-IR-646180408FRA, eff 3/30/2019Readopted filed 6/16/2023, 1:21 p.m.: 20230712-IR-646230344RFA