Section 646 IAC 5-10-18 - Representation before an administrative law judge or the review boardAuthority: IC 22-4-18-1; IC 22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 18.
(a) Any employer or employing unit interested in any benefit claim pending before an administrative law judge or the review board may appear: (1) in person, by an officer or other employee of the employer or employing unit as designated by the employer or the employing unit;(2) by an attorney, as defined in subsection (e);(3) by an accountant in good standing with the Indiana board of accountancy; or(4) by a representative of an unemployment compensation service firm.(b) A claimant for unemployment benefits may appear: (2) by an attorney, as defined in subsection (e);(3) by an accountant in good standing with the Indiana board of accountancy; or(4) by an authorized agent of a bona fide labor organization to which the claimant belonged at the time the pending claim occurred.(c) In addition, any interested party may be represented by an individual or member of a class of individuals authorized by rule of the Indiana supreme court to represent parties in judicial or quasi-judicial proceedings.(d) An administrative law judge, or the review board, in their discretion, may refuse to allow any person to represent a party in any proceeding before the administrative law judge, or the review board, if the administrative law judge, or the review board, finds that this person is or has been guilty of unethical conduct, or has intentionally or repeatedly failed to observe the provisions of IC 22-4, the rules of the department, or other rules or regulations relating to unemployment insurance hearings.(e) As used in this section, "attorney" refers to one (1) of the following: (1) An attorney in good standing admitted to the practice of law in Indiana.(2) An attorney in good standing admitted to the practice of law in another state who has been granted temporary admission to the state bar under Rule 3 of the Rules for Admission to the Bar and the Discipline of Attorneys adopted by the Indiana supreme court.(f) Fees charged to claimants for representation before an administrative law judge or the review board shall be in a sum subject to the approval of the review board. Except in unusual cases, this fee shall be for a sum not in excess of fifteen percent (15%) of the unpaid balance of the claimant's maximum benefit amount.Department of Workforce Development; 646 IAC 5-10-18; 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