SOURCE: Page 51, line 32; (10)MO002321.51. -->
Page 51, delete line 32, begin a new paragraph and insert:
SOURCE: IC 22-4-17-6; (10)MO002321.22. -->
"SECTION 22. IC 22-4-17-6, AS AMENDED BY P.L.175-2009,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. (a) The manner in which disputed claims
shall be presented and the conduct of hearings and appeals, including
the conduct of administrative law judges, review board members, and
other individuals who adjudicate claims during a hearing or other
adjudicative process, shall be in accordance with rules adopted by the
department for determining the rights of the parties, whether or not the
rules conform to common law or statutory rules of evidence and other
technical rules of procedure.
(b) A full and complete record shall be kept of all proceedings in
connection with a disputed claim. The testimony at any hearing upon
a disputed claim need not be transcribed unless the disputed claim is
further appealed.
(c) Each party to a hearing before an administrative law judge held
under section 3 of this chapter shall be mailed a notice of the hearing
by certified mail at least ten (10) days before the date of the hearing
specifying the date, place, and time of the hearing, identifying the
issues to be decided, and providing complete information about the
rules of evidence and standards of proof that the administrative law
judge will use to determine the validity of the claim.
(d) If a hearing so scheduled has not commenced within at least
sixty (60) minutes of the time for which it was scheduled, then a party
involved in the hearing may request a continuance of the hearing. Upon
submission of a request for continuance of a hearing under
circumstances provided in this section, the continuance shall be
granted unless the party requesting the continuance was responsible for
the delay in the commencement of the hearing as originally scheduled.
In the latter instance, the continuance shall be discretionary with the
administrative law judge. Testimony or other evidence introduced by
a party at a hearing before an administrative law judge or the review
board that another party to the hearing:
(1) is not prepared to meet; and
(2) by ordinary prudence could not be expected to have
anticipated;
shall be good cause for continuance of the hearing and upon motion
such continuance shall be granted.
(f) A claim made by a party by motion to the department that a
decision of an administrative law judge has been made without
proper notice of the hearing required under subsection (c) stays the
determination of the adjudicating administrative law judge until
the issue of providing proper notice is decided by a separate
administrative law judge. The department has the burden of proof
that the requirements of subsection (c) have been satisfied.".
SOURCE: Page 52, line 33; (10)MO002321.52. -->
Page 52, delete lines 33 through 37.
Renumber all SECTIONS consecutively.
(Reference is to ESB 23 as printed February 19, 2010.)
________________________________________
MO002321/DI 96 2010