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

ALICIA J MOSS, Employee

DUNHILL STAFFING SYSTEMS INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 09606975EC


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.

DECISION

The decision of the administrative law judge is affirmed. Accordingly, the employee is eligible for benefits, if otherwise qualified.

Dated and mailed January 26, 2010
mossal . usd : 145 : 5  PC 715

/s/ James T. Flynn, Chairperson

/s/ Robert Glaser, Commissioner

/s/ Ann L. Crump, Commissioner

MEMORANDUM OPINION

The employee has petitioned for commission review of the adverse appeal tribunal decision. The employer argues that the employer submitted documents in the above mentioned case but that the ALJ did not accept the documents into the record because they were not sent three days prior to the hearing notice. The employer argues that the hearing notice did not inform the parties that the documents needed to be sent three days prior to the hearing. The employer's representative should have been sent a hearing instructions and document packet which advised the employer that the "unemployment hearing office will not mail you proposed exhibits to the other party(s). Documents not RECEIVED by the hearing office and the other party(s) AT LEAST THREE (3) DAYS prior to the hearing may not be considered as exhibits." The employee did not have a sufficient opportunity to review the exhibits prior to the hearing. As such, the ALJ properly exercised his discretion and decided not to accept the employer's submission as an exhibit and the employer's request for further hearing is denied.



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uploaded 2010/02/10