1. (a) This section applies to notices given under sections 2, 3, 6.3, 8.5, 11, and 12 of this chapter. This section does not apply to rules adopted by the department, unless specifically provided.
2. (b) As used in this section, "notices" includes mailings of notices, determinations, decisions, orders, motions, or the filing of any document with the appellate division or review board.

3. (c) Notice of all hearings or proceedings before an administrative law judge, or the review board, unless otherwise directed by statute, shall be given by:

   1. (1) United States mail, with proof of mailing being prima facie evidence of service; or
   2. (2) facsimile or electronic means, addressed to the parties' addresses of record on file with the department.

4. (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:

   1. (1) there is tangible evidence of nondelivery, such as the document being returned to the department by the United States Postal Service; or
   2. (2) credible and persuasive evidence is submitted to the department to establish nondelivery, delayed delivery, or misdelivery of the document.
5. (e) 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.

6. (f) The filing of a document with the appellate division or review board is complete on the earliest of the following dates that apply to the filing:

   1. (1) The date on which the document is delivered to the appellate division or review board.
   2. (2) The date of the postmark on the envelope containing the document if the document is mailed to the appellate division or review board by the United States Postal Service.
   3. (3) The date on which the document is deposited with a private carrier, as shown by a receipt issued by the carrier, if the document is sent to the appellate division or review board by a private carrier.

As added by P.L.135-1990, SEC.15. Amended by P.L.173-1991, SEC.3; P.L.108-2006, SEC.36; P.L.171-2016, SEC.18; P.L.121-2026, SEC.50.