CHAPTER 18. DEPARTMENT OF WORKFORCE DEVELOPMENT; INDIANA UNEMPLOYMENT INSURANCE BOARD - Indiana Statutes

IC 22-4-18
     Chapter 18. Department of Workforce Development; Indiana Unemployment Insurance Board

IC 22-4-18-1
Creation of department; powers and duties
     Sec. 1. (a) There is created a department under IC 22-4.1-2-1 which shall be known as the department of workforce development.
    (b) The department of workforce development may:
        (1) Administer the unemployment insurance program, the Wagner-Peyser program, the Workforce Investment Act, a free public labor exchange, and related federal and state employment and training programs as directed by the governor.
        (2) Formulate and implement an employment and training plan as required by the Workforce Investment Act (29 U.S.C. 2801 et seq.), including reauthorizations of the Act, and the Wagner-Peyser Act (29 U.S.C. 49 et seq.).
        (3) Coordinate activities with all state agencies and departments that either provide employment and training related services or operate appropriate resources or facilities, to maximize Indiana's efforts to provide employment opportunities for economically disadvantaged individuals, dislocated workers, and others with substantial barriers to employment.
        (4) Apply for, receive, disburse, allocate, and account for all funds, grants, gifts, and contributions of money, property, labor, and other things of value from public and private sources, including grants from agencies and instrumentalities of the state and the federal government.
        (5) Enter into agreements with the United States government that may be required as a condition of obtaining federal funds related to activities of the department.
        (6) Enter into contracts or agreements and cooperate with local governmental units or corporations, including profit or nonprofit corporations, or combinations of units and corporations to carry out the duties of the department imposed by this chapter, including contracts for the establishment and administration of employment and training offices and the delegation of the department's administrative, monitoring, and program responsibilities and duties set forth in this article.
        (7) Perform other services and activities that are specified in contracts for payments or reimbursement of the costs made with the Secretary of Labor, any federal, state, or local public agency or administrative entity, or a private for-profit or nonprofit organization under the Workforce Investment Act (29 U.S.C. 2801 et seq.), including reauthorizations of the Act.
        (8) Enter into contracts or agreements and cooperate with entities that provide career and technical education to carry out the duties imposed by this chapter.
    (c) The payment of unemployment insurance benefits must be made in accordance with 26 U.S.C. 3304.     (d) The department of workforce development may do all acts and things necessary or proper to carry out the powers expressly granted under this article, including the adoption of rules under IC 4-22-2.
    (e) The department of workforce development may not charge any claimant for benefits for providing services under this article, except as provided in IC 22-4-17-12.
    (f) The department of workforce development shall distribute federal funds made available for employment training in accordance with:
        (1) 29 U.S.C. 2801 et seq., including reauthorizations of the Act, and other applicable federal laws; and
        (2) the plan prepared by the department under subsection (g)(1).
    (g) In addition to the duties prescribed in subsections (a) through (f), the department of workforce development shall do the following:
        (1) Implement to the best of its ability its employment training programs and the comprehensive career and technical education program in Indiana developed under the long range plan under IC 22-4.1-13.
        (2) Upon request of the budget director, prepare a legislative budget request for state and federal funds for employment training. The budget director shall determine the period to be covered by the budget request.
        (3) Evaluate its programs according to criteria established by the Indiana commission for career and technical education within the department of workforce development under IC 22-4.1-13.
        (4) Make or cause to be made studies of the needs for various types of programs that are related to employment training and authorized under the Workforce Investment Act, including reauthorizations of the Act.
        (5) Distribute state funds made available for employment training that have been appropriated by the general assembly in accordance with:
            (A) the general assembly appropriation; and
            (B) the plan prepared by the department under subdivision (1).
        (6) Establish, implement, and maintain a training program in the nature and dynamics of domestic and family violence for training of all employees of the department who interact with a claimant for benefits to determine whether the claim of the individual for unemployment benefits is valid and to determine that employment separations stemming from domestic or family violence are reliably screened, identified, and adjudicated and that victims of domestic or family violence are able to take advantage of the full range of job services provided by the department. The training presenters shall include domestic violence experts with expertise in the delivery of direct services to victims of domestic violence, including using the staff of shelters for battered women in the presentation of the training. The initial training shall consist of instruction of not less than

six (6) hours. Refresher training shall be required annually and shall consist of instruction of not less than three (3) hours.
(Formerly: Acts 1947, c.208, s.1901.) As amended by P.L.18-1987, SEC.51; P.L.220-1989, SEC.1; P.L.21-1995, SEC.91; P.L.290-2001, SEC.12; P.L.189-2003, SEC.6; P.L.1-2005, SEC.184; P.L.161-2006, SEC.5; P.L.234-2007, SEC.141.

IC 22-4-18-1.5
Repealed
    (Repealed by P.L.38-1993, SEC.61.)

IC 22-4-18-2
Unemployment insurance board; duties; membership; term of office; compensation; traveling expenses; meetings
     Sec. 2. (a) The Indiana unemployment insurance board is created. The board is responsible for the oversight of the unemployment insurance program. The board shall report annually to the governor on the status of unemployment insurance together with recommendations for maintaining the solvency of the unemployment insurance benefit fund. The department staff shall provide support to the board. The unemployment insurance board shall consist of nine (9) members, who shall be appointed by the governor, as follows:
        (1) Four (4) members shall be appointed as representatives of labor and its interests.
        (2) One (1) member shall be appointed as a representative of the state and its interest and of the public at large.
        (3) Two (2) members shall be appointed as representatives of the large employers of the state.
        (4) Two (2) members shall be appointed as representatives of the independent merchants and small employers of the state.
All appointments shall be made for terms of four (4) years. All appointments to full terms or to fill vacancies shall be made so that all terms end on March 31.
    (b) Every Indiana unemployment insurance board member so appointed shall serve until a successor shall have been appointed and qualified. Before entering upon the discharge of official duties, each member of the board shall take and subscribe to an oath of office, which shall be filed in the office of the secretary of state. Any vacancy occurring in the membership of the board for any cause shall be filled by appointment by the governor for the unexpired term. The governor may, at any time, remove any member of the board for misconduct, incapacity, or neglect of duty. Each member of the board shall be entitled to receive as compensation for the member's services the sum of one hundred dollars ($100) per month for each and every month which the member devotes to the actual performance of the member's duties, as prescribed in this article, but the total amount of such compensation shall not exceed the sum of twelve hundred dollars ($1,200) per year. In addition to the compensation hereinbefore prescribed, each member of the board shall be entitled to receive the amount of traveling and other necessary expenses

actually incurred while engaged in the performance of official duties.
    (c) The board may hold one (1) regular meeting each month and such called meetings as may be deemed necessary by the commissioner or the board. The April meeting shall be known as the annual meeting. Five (5) members of the board constitute a quorum for the transaction of business. At its first meeting and at each annual meeting held thereafter, the board shall organize by the election of a president and vice president from its own number, each of whom, except those first elected, shall serve for a term of one (1) year and until a successor is elected.
(Formerly: Acts 1947, c.208, s.1902; Acts 1971, P.L.355, SEC.43.) As amended by P.L.18-1987, SEC.53; P.L.21-1995, SEC.92; P.L.108-2006, SEC.37.

IC 22-4-18-3
Repealed
     (Repealed by P.L.105-1994, SEC.6.)

IC 22-4-18-4
Administration of programs
     Sec. 4. The department of workforce development established under IC 22-4.1-2-1 shall administer job training and placement services and unemployment insurance.
(Formerly: Acts 1947, c.208, s.1904; Acts 1955, c.317, s.11.) As amended by P.L.144-1986, SEC.109; P.L.18-1987, SEC.55; P.L.21-1995, SEC.93; P.L.290-2001, SEC.13; P.L.175-2009, SEC.32.

IC 22-4-18-4.2
Requirement that administrative law judges be licensed attorneys
     Sec. 4.2. Each administrative law judge employed or used by the department of workforce development must be an attorney who is licensed to practice law in Indiana.
As added by P.L.110-2010, SEC.32.

IC 22-4-18-4.5
Annual report of claims involving domestic or family violence
     Sec. 4.5. (a) Before March 1 of each year, the department shall determine the number of claims filed, the number of individuals entitled to receive unemployment benefits under this article, and the amount of benefits charged to the fund for those individuals who qualified for benefits due to:
        (1) discharge; or
        (2) leaving employment;
for circumstances resulting from domestic or family violence.
    (b) The department shall submit its determination from the prior calendar year to the legislative council before June 30 of each year.
As added by P.L.189-2003, SEC.7.

IC 22-4-18-5 Repealed
     (Repealed by P.L.2-1995, SEC.140.)

IC 22-4-18-6
Workforce skills, strengths, and weaknesses; uniform assessment system
     Sec. 6. (a) The department shall develop a uniform system for assessing workforce skills, strengths, and weaknesses in individuals.
    (b) The uniform assessment system shall be used at the following:
        (1) One stop centers under IC 22-4-42, if established.
        (2) Career and technical education (as defined in IC 22-4.1-13-5) programs at the secondary level.
As added by P.L.19-1992, SEC.51. Amended by P.L.5-1995, SEC.36; P.L.21-1995, SEC.95; P.L.1-2005, SEC.185; P.L.127-2005, SEC.28; P.L.161-2006, SEC.6; P.L.234-2007, SEC.142.

IC 22-4-18-7
Training projects
     Sec. 7. (a) The department annually shall prepare a written report of its training activities and the training activities of the various workforce investment boards during the immediately preceding state fiscal year. The department's annual report for a particular state fiscal year must include information for each training project for which either the department or a workforce development board provided any funding during that state fiscal year. At a minimum, the following information must be provided for such a training project:
        (1) A description of the training project, including the name and address of the training provider.
        (2) The amount of funding that either the department or a workforce investment board provided for the project and an indication of which entity provided the funding.
        (3) The number of trainees who participated in the project.
        (4) Demographic information about the trainees, including the age of each trainee, the education attainment level of each trainee, and for those training projects that have specific gender requirements, the gender of each trainee.
        (5) The results of the project, including skills developed by trainees, any license or certification associated with the training project, the extent to which trainees have been able to secure employment or obtain better employment, and descriptions of the specific jobs which trainees have been able to secure or to which trainees have been able to advance.
    (b) With respect to trainees that have been able to secure employment or obtain better employment, the department of workforce development shall compile data on the retention rates of those trainees in the jobs which the trainees secured or to which they advanced. The department shall include information concerning those retention rates in each of its annual reports.
    (c) On or before October 1 of each state fiscal year, each workforce investment board shall provide the department with a

written report of its training activities for the immediately preceding state fiscal year. The workforce development board shall prepare the report in the manner prescribed by the department. However, at a minimum, the workforce development board shall include in its report the information required by subsection (a) for each training project for which the workforce development board provided any funding during the state fiscal year covered by the report. In addition, the workforce development board shall include in each report retention rate information as set forth in subsection (b).
    (d) The department shall provide a copy of its annual report for a particular state fiscal year to the:
        (1) governor;
        (2) legislative council; and
        (3) unemployment insurance board;
on or before December 1 of the immediately preceding state fiscal year. An annual report provided under this subsection to the legislative council must be in an electronic format under IC 5-14-6.
As added by P.L.179-1999, SEC.2. Amended by P.L.28-2004, SEC.159.