Utsler v. Review Board of the Indiana Employment Security Division
Utsler v. Review Board of the Indiana Employment Security Division
Opinion of the Court
Jeffery Utsler was employed by National Fleet Supply Company until he terminated his employment on July 25,1980. The issue before the Review Board was whether he had left his employment for good cause. He raises the following issues:
I. Whether the Indiana Employment Security Division (IESD) complied with the notice requirements of Ind. Code 22-4-17-6 and 640 IAC 1-11-1; and
II. Whether Utsler was denied due process when he was not notified of the referee’s hearing concerning his claim for unemployment benefits.
We reverse.
FACTS
On July 22, 1980, Utlser applied for unemployment compensation and listed his address as 408 E. 5th Street, Muncie.
Utsler’s request for a rehearing was treated as an appeal to the Review Board and without receiving any new evidence the Review Board affirmed the referee’s decision. The Board did not, however, address Utsler’s lack of notice. This decision was mailed to Utsler’s current address and only then did he find out his request for a new hearing had been treated as an appeal.
I. FAILURE TO COMPLY WITH NOTICE REQUIREMENTS
Utsler’s position is the IESD failed to provide him notice of the referee’s hearing as required by both statute and regulation
In this case the IESD had knowledge of Utsler’s new address five days before the notice of hearing was mailed and 18 days before the hearing was held, yet it still failed to properly notify him of the hearing. The IESD did not comply with IC 22-4-17-6 and 640 IAC 1-11-1. Since Ut-sler was not given notice of the referee’s hearing, the September 17 hearing was invalid and he is entitled to a new hearing before a referee. This cause is reversed and remanded with instructions to the IESD to provide Utsler a new referee’s hearing.
II. DENIAL OF DUE PROCESS
Since we have decided this case on the above statutory basis, we need not address this constitutional argument.
Reversed.
. Utsler was on vacation during his last week of employment and that is why his termination date is later than his claim filing date.
. He apparently had not filed a change of address card with the post office.
. This decision was also mailed to Utsler’s old address.
. “IC 22-4-17-6 [52-1542e], Disputed claims — Procedure—Notice of hearing — Continuance. — The manner in which disputed claims shall be presented and the conduct of hearings and appeals shall be in accordance with regulations prescribed by the board for determining the rights of the parties, whether or not such regulations conform to common law or statutory rules of evidence and other technical rules of procedure. A full and complete record shall be kept of all proceedings in connection with a disputed claim. The testimony at any hearing upon a disputed claim need not be transcribed unless the disputed claim is further appealed: Provided, That with respect to any hearing before a referee held pursuant to section 1803 [22-4-17-3] hereof, each party to such hearing shall be mailed a notice of such hearing at least five [5] days before the date of the hearing .... ” (emphasis added) 640 IAC 1-11-1
“Upon the scheduling of a hearing on an appeal, notices of the hearing on Form 605 shall be mailed to the claimant or claimants*713 and to (1) the claimant’s last or separating employer, (2) each employer who has made an offer of work to the claimant or to whose employment claimant has been furnished a referral, and (3) each employer who, other than being chargeable with benefits paid or payable to the claimant, has a direct connection with the issue or issues raised by the appeal. Such notices shall be mailed at least five (5) days before the date of hearing, specifying the place and time of hearing.” (emphasis added)
. The Review Board also argues Utsler waived his right to request a new hearing by failing to seek permission from the Review Board to present additional evidence to the Board under 640 IAC 1-11-8. On the contrary, Utsler did not request an appeal, to the Review Board, he requested a new hearing. Secondly, he did not receive the September 18 decision of the referee informing him of the appeals procedure since it too was mailed to his old address. Since Utsler apparently did not know an appeal to the Review Board was even in progress, it is ludicrous to suggest he waived his right to request a new hearing.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.