Ind. Code § 22-4-17-5 – Review board; appointments; hearings

(a) The governor shall appoint a review board composed of three (3) members, not more than two (2) of whom shall be members of the same political party, with salaries to be fixed by the governor. The review board shall consist of the chairman and the two
(2) members who shall serve for terms of three (3) years. At least one
(1) member must be admitted to the practice of law in Indiana.
(b) Any claim pending before an administrative law judge, and all proceedings arising from that claim, may be transferred to and determined by the review board upon its own motion, at any time before the administrative law judge announces a decision. If the review board considers it advisable to procure additional evidence, it may direct the taking of additional evidence within a time period it shall fix. An employer that is a party to a claim transferred to the review board under this subsection is entitled to receive notice in accordance with section 6 of this chapter of the transfer or any other action to be taken under this section before a determination is made or other action concerning the claim is taken.
(c) Any proceeding so removed to the review board shall be heard by a quorum of the review board in accordance with the requirements of section 3 of this chapter. The review board shall notify the parties to any claim of its decision, together with its reasons for the decision.
(d) Members of the review board, when acting as administrative law judges, are subject to section 15 of this chapter.
(e) The review board may on the board's own motion affirm, modify, set aside, remand, or reverse the findings, conclusions, or orders of an administrative law judge on the basis of any of the following:
1. (1) Evidence previously submitted to the administrative law judge.
2. (2) The record of the proceeding after the taking of additional evidence as directed by the review board.
3. (3) A procedural error by the administrative law judge.
4. (4) The record of the proceeding after holding a hearing on the matter appealed.
(f) Each hearing before the review board shall be confined to the evidence submitted before the administrative law judge unless it is an original hearing. However, the review board may hear or procure additional evidence upon its own motion, or upon written application of either party, and for good cause shown, together with a showing of good reason why the additional evidence was not procured and introduced at the hearing before the administrative law judge.
(g) An application for leave to introduce additional evidence made by either party shall set forth the:
1. (1) names of the witnesses whose testimony will be offered; and
2. (2) facts to which they are expected to testify.
  If the new evidence is documentary, then a copy of the document proposed to be introduced shall accompany the application. The application, if made by the appellant, must be presented at the time the request for hearing is filed.
(h) No additional evidence shall be admitted except after notice is issued by the review board to all parties to the appeal giving each party an opportunity to rebut the additional evidence. The notice must:
1. (1) designate the time and place at which additional evidence will be received;
2. (2) set forth the names of the witnesses whose testimony will be heard, together with a summary of the facts about which they are expected to testify; and
3. (3) include a copy of any document offered as additional evidence.
  However, if all parties to an appeal are present at a hearing at which the review board upon its own motion determines to take additional evidence and the parties voluntarily waive their right of notice of the taking of additional evidence, the review board in its own discretion may proceed in the taking of additional evidence.
(i) The review board may remand any proceeding to an administrative law judge for the hearing of additional evidence under the same conditions and after notice is provided in the same manner as for the hearing of additional evidence by the review board.
(j) In the hearing of an appeal, the review board may allow oral argument, the filing of written argument, or both. After notice to all parties, any party to any proceeding in which additional evidence is taken may present material evidence relative to the question upon which the review board has authorized or directed the taking of additional evidence, and evidence in rebuttal also may be introduced.
Formerly: Acts 1947, c.208, s.1805; Acts 1965, c.190, s.12. As amended by P.L.34-1985, SEC.7; P.L.135-1990, SEC.9; P.L.173-1991, SEC.1; P.L.175-2009, SEC.30; P.L.171-2016, SEC.14; P.L.136-2018, SEC.113; P.L.121-2026, SEC.44.