(a) The department may grant an application for adjustment or refund, make an adjustment or refund, or set off a refund as follows:

1. (1) Not later than four (4) years after the date upon which any contributions or interest on the contributions were assessed, an employing unit which has paid the contributions or interest on the contributions may make application for an adjustment or a refund of the contributions or an adjustment in connection with subsequent contribution payments. The department shall determine whether or not the contribution or interest, or any portion of the contribution or interest, was erroneously paid or wrongfully assessed.
2. (2) The department may grant an application in whole or in part and may make an adjustment, without interest, in connection with subsequent contribution payments or refund the amounts, without interest, from the fund. Adjustments or refund may be made on the commissioner's own initiative.
3. (3) Any adjustments or refunds of interest or penalties collected for contributions due under IC 22-4-10-1 shall be charged to and paid from the special employment and training services fund created by IC 22-4-25 .
4. (4) The department may set off any refund available to an employer under this section against any delinquent contributions, payments in lieu of contributions, and the interest and penalties, if any, related to the delinquent payments and assessments.

(b) Any decision by the department to:

1. (1) grant an application for adjustment or refund;
2. (2) make an adjustment or refund on its own initiative; or

3. (3) set off a refund;

   constitutes the initial determination referred to in section 4 of this chapter and is subject to hearing and review as provided in sections 1 through 15 of this chapter.

(c) If any assessment has become final by virtue of a decision of a liability administrative law judge with the result that no proceeding for judicial review as provided in this article was instituted, no refund or adjustment with respect to an assessment shall be made.

Formerly: Acts 1947, c.208, s.3321; Acts 1967, c.310, s.23. As amended by P.L.144-1986, SEC.143; P.L.18-1987, SEC.92; P.L.135-1990, SEC.35; P.L.21-1995, SEC.125; P.L.290-2001, SEC.29; P.L.202-2005, SEC.6; P.L.108-2006, SEC.60; P.L.175-2009, SEC.41; P.L.122-2019, SEC.44.