Section 646 IAC 5-10-24 - Telephone hearingsAuthority: IC 22-4-18-1; IC 22-4.1-3-3
Affected: IC 22-4; IC 22-4.1
Sec. 24.
(a) Except as otherwise provided in this section, all hearings scheduled before an administrative law judge, or the review board, shall be set as telephone hearings, in which all parties to the appeal shall participate by telephone.(b) Once an administrative law judge hearing is scheduled by telephone, a party to the appeal has the right to: (1) object to telephone participation; and(2) be allowed to participate in the hearing in person. Such an objection must be filed with the administrative law judge assigned to the case not later than three (3) days prior to the scheduled hearing date. A revised notice of hearing will then be sent to the parties, changing the type of hearing for the requesting party to an in-person hearing at the hearing site closest to where the employment services were performed. Whether the nonrequesting party will also be required to participate in person shall be at the discretion of the administrative law judge assigned to the case.
(c) An administrative law judge, or the review board, may, at their discretion, schedule and conduct an in-person hearing under this rule.(d) When a hearing before an administrative law judge, or the review board, is scheduled by telephone, either with one (1) or both parties participating by telephone, the parties shall: (1) exchange any exhibits to be introduced into the record at the hearing; and(2) provide a copy of those exhibits in the form and manner prescribed by the department to the administrative law judge, or to the review board, no later than three (3) days prior to the scheduled hearing date. For exhibits mailed using certified mail or a private carrier, a copy of the certified mail mailing label or a copy of the label from a private carrier shall serve as proof of mailing.
(e) If, at the time of the scheduled hearing, all participants have not received copies of any exhibits, if the presenting party can establish proof that the party provided a copy of the exhibits in the form and manner prescribed by the department, the administrative law judge, or the review board, has the discretion of continuing the hearing in order to allow all participants to obtain copies of all exhibits, or of attempting to have any missing exhibits read into the record, while affording the opposing party the opportunity to object to the admission of the exhibits. If the presenting party cannot establish proof that the party provided a copy of the exhibits in the form and manner prescribed by the department, then the hearing will proceed as scheduled, without the consideration of the missing exhibits.(f) A party to a telephonic hearing before an administrative law judge, or the review board, shall submit one (1) contact telephone number for the hearing. If a party has a representative, or has witnesses, that party shall arrange for that party's representative, or witnesses, to be at that party's location, or shall arrange for the conferencing of the additional individuals into the hearing. Absent prior approval for calling additional numbers per party, an administrative law judge, or the review board, will call only one (1) contact telephone number per party.Department of Workforce Development; 646 IAC 5-10-24; 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