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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.
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.
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.
IC 22-4-18-8
Employees of office of occupational development, employment
security division; rights
Sec. 8. (a) Employees of the office of occupational development
and the employment security division who are employed on July 1,
1987, remain as employees of the department of employment and
training services created by P.L.18-1987. These employees shall be
considered employees having permanent status for purposes of the
state personnel act (IC 4-15-2).
(b) Employees of the office of occupational development who are
employed on July 1, 1987, and who become employees of the
department of employment and training services under this section
are entitled to have their service under the office of occupational
development included for the purpose of computing retention points
under IC 4-15-2-32 in the event of a layoff.
As added by P.L.220-2011, SEC.367.