Ind. Code § 22-4-35-1

Sec. 1. In any civil action to enforce the provisions of this article, the department, commissioner, state workforce innovation council (before its abolishment), unemployment insurance review board, and the state may be represented by any qualified attorney who is a regular salaried employee of the department and is designated by it for this purpose or, at the director's request, by the attorney general of the state. In case the governor designates special counsel to defend, on behalf of the state, the validity of this article, the expenses and compensation of such special counsel and of any experts employed by the commissioner in connection with such proceedings may be charged to the employment and training services administration fund.