Indiana Administrative Code
Title 646 - DEPARTMENT OF WORKFORCE DEVELOPMENT
Article 5 - INDIANA EMPLOYMENT AND TRAINING SERVICES ACT; ADMINISTRATION
Rule 10 - Appellate Procedure
Section 10-19 - Service of notice; computation of time
Current through March 20, 2024
Authority: 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:
(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:
(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:
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.