Rules and Laws
Rules
The Indiana legislature through the enactment of statutes, grants DWD authority to promulgate administrative rules. Administrative rules have the force and effect of law. These rules are subject to a comprehensive process that requires DWD to publish proposed rules, hold public hearings to receive comment, and obtain approval from the Indiana Governor before rules become final and enforceable.
Current Rules: Indiana Administrative Code
Proposed Rules: Rulemaking Docket
Laws
Indiana Code: Article 4. Unemployment Compensation System
Indiana Code: Article 4.1 Department of Workforce Development
DWD Fines and Civil Penalties
In accordance with IC 4-22-2-2-19.6(f), below is a schedule of fines and civil penalties that apply to violations of laws and rules.
| Indiana Code | Type | Amount |
|---|---|---|
| IC 22-4-10-8(k) | Failure to Report New Hire Information |
$25; $500 if failure results from conspiracy between employer and employee |
| IC 22-4-11-2(c) | Penalty Rate Assessment for Delinquency | Calculated merit rate plus 2% |
| IC 22-4-11.5-9(b) | SUTA Dumping / Transfer to Obtain Lower Employer Contribution Rate | Highest contribution rate assignable or additional 2% contribution due on taxable wages in the year of violation and the following three (3) years |
| IC 22-4-13-1.1(b) | Improper UI Benefit Payments / Knowing Failure to Disclose or Falsify Facts |
1st offense - 25% of benefit overpayment; 2nd offense - 50% of benefit overpayment; 3rd offense - 100% of benefit overpayment |
| IC 22-4-19-10 | Negligent or Willful Failure to Submit Report of Required Information | $25 |
| IC 22-4-29-1(b) | Failure to Pay Delinquent Contributions Due to Negligence or Intentional Disregard of Authorized Rules | 10% of unpaid contributions |
| IC 22-4-29-1(c) | Failure to Pay Delinquent Contributions Due to Fraud with Intent to Evade Contribution Payments | 50% of unpaid contributions |
| 646 IAC 5-2-4(b) | Failure to Timely File Required Quarterly Wage and Employment Reports | $25 |
