Section 22-4-13.3-8 - Contest of income withholding; basis for contest; administrative hearing; review of administrative decision(a) An individual who receives a notice under section 2 of this chapter may contest the withholding and assert exemptions by requesting, in writing, not later than fifteen (15) days after the date on the notice, an administrative hearing by an administrative law judge of the department.(b) An administrative hearing under this section may be conducted in either of the following ways: (1) As a written records or "paper" hearing conducted by review of written materials and other records.(2) As a telephone or in person hearing conducted by review of written materials and testimony.(c) An individual who contests an income withholding is entitled to:(1) an opportunity to inspect and copy records relating to the overpayment;(2) an opportunity to enter into a written agreement with the department to establish a schedule for repayment of the overpayment; and(3) an opportunity for an administrative hearing conducted by an administrative law judge of the department.(d) An individual may contest an income withholding on the following grounds: (1) That the existence, past due status, or the amount of the overpayment is incorrect.(2) That the amount withheld was incorrectly calculated.(3) That the overpayment is unenforceable as a matter of law.(e) The department is not required to provide more than one (1) hearing based on the same grounds or objections. If: (1) the department has already provided a hearing on the existence or the amount of the overpayment; and(2) the employee does not have new evidence concerning the overpayment; the department may not repeat the hearing on the existence or amount of the overpayment.
(f) The department's evidence concerning the existence, past due status, and amount of the overpayment is automatically admitted as evidence in the administrative hearing and must be considered by the administrative law judge.(g) An individual who receives an adverse decision following an administrative hearing under this section may submit, not later than fifteen (15) days after the date of the decision, a request in writing to the commissioner that the commissioner or the commissioner's designee review the decision in the manner prescribed by the department. If the commissioner appoints a designee to review the decision, the commissioner shall not appoint as a designee an employee of the department's unemployment insurance program. The decision of the commissioner or the commissioner's designee under this subsection is final.Amended by P.L. 66-2018,SEC. 3, eff. 7/1/2018.Added by P.L. 183-2015, SEC. 5, eff. 7/1/2015.