in-20240424-IR-646230343FRA: Adds 646 IAC 5-9-3.1 concerning work search requirements and acceptable work search activities. Adds 646 IAC 5-9-3.2 concerning notification by the department of workforce development (department) regarding the requirement for claimants to be actively seeking work, and the work search activities the department will verify. Amends 646 IAC 5-9-5 concerning case-by-case determinations of suitable work. Effective 30 days after filing with the publisher.

Final Rule LSA Document #23-343 DIGEST Sec. 3.1. (a) As a condition of eligibility for unemployment compensation in any week, a claimant must be able to work, available to work, and actively seeking work, unless exempted under IC 22-4-14-3. (b) For purposes of this section, a claimant must meet the following requirements to be actively seeking work: Sec. 3.2. (a) Except for activities which the department will verify under 646 IAC 5-9-3.1(a)(3)(A), (C), (F), (G), and (I) [section 3.1(a)(3)(A), 3.1(a)(3)(C), 3.1(a)(3)(F), 3.1(a)(3)(G), and 3.1(a)(3)(I) of this rule], for a period of six (6) months following the week in which the work search activities occurred, the claimant must keep a detailed record of his or her weekly work search activities so that the department can verify the activity for an audit or eligibility review. A detailed record includes the following information: (b) A contemporaneous document generated by an employer, [sic, an] event host, [sic, an] organizer, [sic, a] platform, or other relevant third party, which includes the date and details of an activity as well as confirmation of the claimant's submission or participation, will be presumed to satisfy the requirements of this section. (c) The department may allow a claimant to satisfy the requirements of this section through a document other than one described in subsections [sic, subsection] (a) or (b), but the claimant must demonstrate the reliability and appropriateness of the documentation. Sec. 5. (a) For purposes of this section, the department will determine whether work is suitable on a case-by-case basis pursuant to the criteria set forth in IC 22-4-15-2. (b) In order to maintain benefit eligibility, when the department directs, a claimant must apply for any available position. (c) Suitable work must be accepted, if the offer is received by an individual at any time after their separation from employment. (d) Failure to accept suitable work, without good cause, will result in the individual being ineligible for benefits.