RICK JACKSON, Complainant

FORTRANS INC, Respondent

An administrative law judge (ALJ) for the Equal Rights Division of the Department of Workforce Development issued a decision in this matter. A timely petition for review was filed.

The commission has considered the petition and the positions of the parties, and it has reviewed the evidence submitted to the ALJ. Based on its review, the commission agrees with the decision of the ALJ, and it adopts the findings and conclusion in that decision as its own.

The decision of the administrative law judge (copy attached) is affirmed.

Dated and mailed February 25, 2002
jacksri3 . rsd : 125 : 9

David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

/s/ Laurie R. McCallum, Commissioner

In his petition for review Rick Jackson complains that the ALJ did not permit him to make a final argument to explain the evidence. The ALJ denied Jackson's request because the facts had been adequately presented and because in his experience closing argument by unrepresented parties did not always reflect what was in the record. The ALJ's denial of Jackson's request to present closing argument was a reasonable exercise of discretion. Only the complainant and the respondent's representative testified, and the facts presented were not complicated.

The complainant also takes issue with the ALJ's refusal to credit his testimony. However, based on the testimony and record in this case the commission finds no compelling reason to question the ALJ's credibility determination.

cc: Sharon Kraklow

Appealed to Circuit Court. Affirmed January 7, 2003.

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uploaded 2002/03/05