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


KENNETH E HOPKINS, Employe

BOSACKIS RENTALS INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 00603199MW


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 employer's appeal is dismissed.

Dated and mailed June 20, 2000
hopkike.usd : 105 : 2   PC 711

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

James A. Rutkowski, Commissioner

MEMORANDUM OPINION

The commission has affirmed the appeal tribunal decision in this case, because it agrees with the appeal tribunal that the employer's request for hearing was not late for a reason beyond its control. As the administrative law judge noted, "reason beyond control" is a rather strict standard, and is prescribed by statute. The department and commission have long required, though, that parties who will be away from their address of record while proceedings are pending, have some mechanism in place for timely response to time-sensitive documents from the department such as initial determinations or hearing notices, for example. In this case, the employer conceded that its business continued to have people working, even while it was closed to the public, while the owner was out of town from February 16 until March 27. The employer thus could have made arrangements for someone to monitor the unemployment insurance proceedings at issue here. In the alternative, the employer could have left with the department his Florida address. Given these options, the fact of being out of town by itself does not constitute a reason beyond control for a late appeal.

For these reasons, and those stated in the appeal tribunal decision, the commission has affirmed that decision.


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