LETICIA M BARREIRO, Employee

SEESTERS MEXICAN CANTINA LLC, Employer

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 appellant's appeal is dismissed. The department's determination remains in effect.

Dated and mailed April 5, 2012
barrele . usd : 132 : 1

BY THE COMMISSION:

/s/ Robert Glaser, Chairperson

/s/ Ann L. Crump, Commissioner

/s/ Laurie R. McCallum, Commissioner

The employer has petitioned for commission review of the adverse appeal tribunal decision which found that the employer failed to file to file a timely request for hearing and did not establish that its request for hearing was late for a reason beyond its control. The employer explains that its request for hearing was late because it was out of state. The employer's owner states that she is a "one person" operator and is the only one who can attend to such matters. However, a "one person" operator, like an individual claimant, is expected to make arrangements while away to have its mail monitored in order to promptly respond to time-sensitive correspondence.

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uploaded 2012/04/26