Sec. 11. (a) Any decision of the review board, in the
absence of appeal as provided in this section, shall become final thirty
(30) days after the date the decision is sent to the interested parties. The
review board shall send with the decision a notice informing the
interested parties of their right to appeal the decision to the court of
appeals of Indiana. The notice shall inform the parties that they have
thirty (30) days from the date the notice was sent by the review board
within which to file a notice of intention to appeal, and that in order to
perfect the appeal they must request the preparation of a transcript in
accordance with section 12 of this chapter.
(b) If the commissioner or any party adversely affected by the
decision files with the review board a notice of an intention to appeal
the decision, that action shall stay all further proceedings under or by
virtue of the review board decision for a period of thirty (30) days from
the date of the filing of the notice, and, if the appeal is perfected,
further proceedings shall be further stayed pending the final
determination of the appeal. However, if an appeal from the decision
of the review board is not perfected within the time provided for by this
chapter, no action or proceeding shall be further stayed.
Formerly: Acts 1947, c.208, s.1811; Acts 1957, c.299, s.5. As
amended by P.L.34-1985, SEC.8; P.L.21-1995, SEC.89; P.L.121-2014,
SEC.16; P.L.122-2019, SEC.31.
Notes of Decisions
Smith v. Review Bd. of the Indiana Emp. Sec. Div., 439 N.E.2d 1334 (Ind. 1982).
· cites it 14× “Smith’s attempt to gain judicial review has been dismissed for noncompliance with Ind. Code § 22-4-17-11 (Burns 1974), which required her to file notice of her intention to appeal the Board’s decision within fifteen days of the date the decision was mailed to her.”
Jones v. Review Bd. of the Indiana Emp. Sec. Div., 405 N.E.2d 601 (Ind. Ct. App. 1980).
“stown Sheet and Tube Company which was mailed on April 23, 1979, and received and acknowledged on April 25,1979 by the Review Board of the Indiana Employment Security and acknowledgment forwarded on April 27, 1979, to clarify that such notice was intended to relate to all of the…”
Malcom v. Review Bd. of the Indiana Emp. Sec. Div., 479 N.E.2d 1333 (Ind. Ct. App. 1985).
“.. {Ilf ..., at any time prior to the expiration of fifteen (15) days from the date of mailing of such decision, a notice of intention to appeal from such decision [is filed], such action shall stay all further proceedings.”
Fields v. Review Bd. of the Indiana Emp. Sec. Div., 385 N.E.2d 1168 (Ind. Ct. App. 1979).
“Pursuant to the provisions of Ind.Code 22-4-17-11 to -12, which provides for judicial review as to errors of law, Fields is appealing the decision of the Board.”
Pierce Governor Co. v. Review Bd. of the Indiana Emp. Sec. Div., 435 N.E.2d 274 (Ind. Ct. App. 1982).
“Rather than filing a notice of intent to appeal pursuant to Ind.Code 22-4-17-11, Pierce Governor filed a “Verified Application to Amend Brief” and a “Petition for Writ of Mandate and Prohibition” with this court on February 18, 1982.”
Ind. Code § 22-4-17-11(a): 2 cases
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