Indiana § 22-4-17-6.3 - Continuances; dismissals; withdrawals

§ 22-4-17-6.3. Continuances; dismissals; withdrawals

Sec. 6.3. (a) Except as provided in section 6 of this chapter, 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.

(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.

(e) A party appealing an initial determination of a deputy, or a party appealing a decision of an administrative law judge, may withdraw the appeal by written request. A written request must be filed as follows:

(1) For an appeal pending before an administrative law judge, with the presiding administrative law judge.

(2) For an appeal pending before the review board, with the chairperson of the review board.

If the request is approved, the underlying determination, or decision, shall become final.

(f) After an appeal has been withdrawn, the appealing party may file a request for reinstatement of the appeal within seven (7) days after the date the notice of withdrawal was sent. The request must be filed as follows:

(1) For an appeal before an administrative law judge, with the director of unemployment insurance appeals, or the director's designee.

(2) For an appeal pending before the review board, the request shall be filed with the chairperson of the review board, or the chairperson's designee.

The request for reinstatement must show good cause for the reinstatement and will be granted or denied at the discretion of the person described in subdivision (1) or (2), as applicable. No appeal shall be reinstated more than once after a withdrawal.

As added by P.L.121-2026, SEC.46.