STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)

MICHELLE L ROGERS, Employee

SEEK INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 03404569GB


O R D E R

Pursuant to authority granted in Wis. Stat. § 108.09(6)(d), the commission sets aside the January 23, 2004 appeal tribunal decision in this matter and remands the matter to the Department of Workforce Development for de novo (new) hearing and decision on the merits. The record indicates that, at some point during the January 7, 2004 hearing in this case, at which the employee did not appear, the administrative law judge concluded that the proper issue was one which had not been noticed for hearing. The administrative law judge proceeded to hear that issue. The administrative law judge subsequently sent a letter to the employee indicating that he would be taking jurisdiction of issues not previously noticed for hearing, absent objection by the employee within a week.

Procedural Due Process requires meaningful opportunity to address an issue, and notice after a hearing has been held does not satisfy it. In addition, Wis. Admin. Code § DWD 140.06 states the procedure administrative law judges may use in order to receive evidence and render a decision on issues not listed on the Notice of Hearing. Parties must be notified at the hearing and they must not object. The commission appreciates the economy the administrative law judge was attempting to gain; that economy of course cannot supercede the requirements of Procedural Due Process.

Dated and mailed April 22, 2004
rogermi . usd : 105 : 1   PC 713

/s/ David B. Falstad, Chairman

James T. Flynn, Commissioner

/s/ Robert Glaser, Commissioner


[ Search UC Decisions ] - [ UC Digest - Main Index ] - [ UC Legal Resources ] - [ LIRC Home Page ]


uploaded 2004/04/26