Section 646 IAC 5-10-19 - Service of notice; computation of timeAuthority: IC 22-4-18-1; IC 22-4.1-3-3
Affected: IC 22-4-17-14; IC 22-4.1
Sec. 19.
(a) Notice of all hearings or proceedings before an administrative law judge, or the review board, unless otherwise directed by statute, shall be given by United States mail, with proof of mailing being prima facie evidence of service, or by facsimile or electronic means, addressed to the parties' addresses of record on file with the department.(b) As used in this section, "notice" includes the sending of notices, determinations, decisions, orders, motions, or the filing of any document with the appellate division or the review board.(c) If a notice is served through the United States mail, three (3) days must be added to a period that commences upon service of that notice.(d) A document mailed or electronically transmitted to a party is presumed to be received if the document was mailed or electronically transmitted to the complete, correct address of record unless: (1) there is tangible evidence of nondelivery, such as the document being returned to the department by the United States Postal Service; or(2) credible and persuasive evidence is submitted to the department to establish nondelivery, delayed delivery, or misdelivery of the document.(e) The filing of a document with the appellate division, or the review board, is complete on the earliest of the following dates that apply to the filing:(1) The date on which the document is delivered in person to the appellate division or the review board by an interested party or by the party's authorized representative.(2) The date of the postmark on the envelope containing the document, if the document is mailed to the appellate division or the review board through the United States Postal Service.(3) The date on which the document is deposited with a private carrier, as shown by a receipt issued by the carrier, if the document is sent to the appellate division or the review board by a private carrier.(4) The date of receipt by the appellate division or the review board, if the document is submitted by facsimile or in another electronic form approved by the department.(f) When computing any period of time prescribed or allowed by this article, by order of an administrative law judge or the review board, or by any applicable statute, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed is to be included, unless it is: (3) a legal holiday as defined by state statute; or(4) a day that the department is closed during regular business hours. If the last day of the response period falls on a day described in subdivisions (1) through (4), then the period runs until the end of the next regular business day of the department.
(g) Responses filed outside of a time period computed pursuant to this section will be considered to be untimely.Department of Workforce Development; 646 IAC 5-10-19; 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