Indiana § 22-4-39-5 - Application of chapter

§ 22-4-39-5. Application of chapter

Sec. 5. This chapter applies only if appropriate arrangements have been made for reimbursement by the state or local child support enforcement agency for the administrative costs incurred by the department under this chapter which are attributable to child support obligations being enforced by the state or local child support enforcement agency.

As added by Acts 1982, P.L.95, SEC.9. Amended by P.L.18-1987, SEC.106.

IC 22-4-39.5Chapter 39.5. Reimbursements by Employers of Unauthorized Aliens

22-4-39.5-1"E-Verify program" 22-4-39.5-2"Knowingly employ an unauthorized alien" 22-4-39.5-3Civil action to obtain reimbursement from employer that knowingly employed an unauthorized alien; filing; federal government verification; awards; deposit 22-4-39.5-4Prohibited from filing an action 22-4-39.5-5Department powers

IC 22-4-39.5-1"E-Verify program" Sec. 1. As used in this chapter, "E-Verify program" means the electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (P.L. 104-208), Division C, Title IV, s. 403(a), as amended, operated by the United States Department of Homeland Security or a successor work authorization program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees under the Immigration Reform and Control Act of 1986 (P.L. 99-603).

As added by P.L.171-2011, SEC.15.

IC 22-4-39.5-2"Knowingly employ an unauthorized alien" Sec. 2. As used in this chapter, "knowingly employ an unauthorized alien" has the meaning prescribed in 8 U.S.C. 1324a as in effect on July 1, 2011. This term shall be interpreted consistently with 8 U.S.C. 1324a and any applicable federal rules or regulations.

As added by P.L.171-2011, SEC.15.

IC 22-4-39.5-3Civil action to obtain reimbursement from employer that knowingly employed an unauthorized alien; filing; federal government verification; awards; deposit Sec. 3. (a) The department may file a civil action to obtain reimbursement of amounts paid by the department as unemployment insurance benefits from an employer that has knowingly employed an unauthorized alien.

(b) The action must be filed in the county in which the employer employed the unauthorized alien.

(c) In determining whether an individual is an unauthorized alien for purposes of this chapter, a court may consider only the federal government's verification or status information under 8 U.S.C. 1373(c).

(d) After holding a hearing and making a finding that the employer knowingly employed an unauthorized alien, the court shall award the following to the department:

(1) The reimbursement of unemployment insurance benefits paid by the department computed using the salary of the position held by the unauthorized alien during the period the unauthorized alien was employed by the employer.

(2) Reasonable costs and attorney's fees.

(e) The department shall deposit the reimbursement awarded under subsection (d)(1) in the unemployment insurance benefit fund established by IC 22-4-26-1.

As added by P.L.171-2011, SEC.15.

IC 22-4-39.5-4Prohibited from filing an action Sec. 4. (a) The department may not file an action under section 3 of this chapter against an employer that has knowingly employed an unauthorized alien if the alien was employed by the employer before July 1, 2011.

(b) The department may not file an action under section 3 of this chapter against an employer who used the E-Verify program to verify the employment eligibility of an individual who is determined to be an unauthorized alien.

As added by P.L.171-2011, SEC.15.

IC 22-4-39.5-5Department powers Sec. 5. The department has the power to:

(1) administer oaths and affirmations;

(2) take depositions; and

(3) issue and serve subpoenas that compel:

(A) the attendance of witnesses; and

(B) the production of books, papers, correspondence, memoranda, and other records;

as necessary for the department to administer this chapter.

As added by P.L.171-2011, SEC.15.

IC 22-4-40Chapter 40. RepealedRepealed by P.L.161-2006, SEC.33.

IC 22-4-41Chapter 41. RepealedRepealed by P.L.69-2015, SEC.24.

IC 22-4-42Chapter 42. RepealedRepealed by P.L.69-2015, SEC.25.

IC 22-4-43Chapter 43. RepealedRepealed by P.L.69-2015, SEC.26.

IC 22-4-44Chapter 44. Reemployment Skills Training Pilot Program

22-4-44-1"Eligible provider" 22-4-44-2"Pilot program" 22-4-44-3Establishment 22-4-44-4Eligibility 22-4-44-5Training program approval 22-4-44-6Funding