STEPHEN E LEE, Claimant
An administrative law judge (ALJ) for the Division of Unemployment Insurance 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 is affirmed. Accordingly, the claimant's request for a hearing is denied. The department's determination shall remain in effect.
Dated and mailed August 16, 2001
leestep . usd : 105 : 1 PC 712.6 PC 714.12
/s/ David B. Falstad, Chairman
/s/ James A. Rutkowski, Commissioner
The commission has affirmed the appeal tribunal decision in this case, because it fully agrees with its dismissal of the claimant's request for hearing. By authority granted in Wis. Admin. Code §§ 140.15(2) and (4), the administrative law judge has the right to examine any witness he or she deems necessary. In the present case, the issue was what employment the claimant had in his base period. The claimant refused to answer the administrative law judge's question regarding that employment, and continued to refuse to answer those questions despite the administrative law judge's continuing to ask him about that employment. The administrative law judge warned the claimant that his continuing refusal to answer questions regarding the case would result in a dismissal of his appeal, to which the claimant still refused to answer the administrative law judge's questions on the issue. Given the claimant's continued refusal to answer questions on the issue, the commission believes the administrative law judge was within rights in dismissing the claimant's appeal.
Appealed to Circuit Court. Reversed and remanded for new hearing April 5, 2002. [Circuit court decisions summary]
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