Beale v. State, Department of Labor

79 P.3d 715, 139 Idaho 356, 2003 Ida. LEXIS 154
CourtIdaho Supreme Court
DecidedOctober 29, 2003
DocketNo. 27493
StatusPublished
Cited by1 cases

This text of 79 P.3d 715 (Beale v. State, Department of Labor) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beale v. State, Department of Labor, 79 P.3d 715, 139 Idaho 356, 2003 Ida. LEXIS 154 (Idaho 2003).

Opinion

EISMANN, Justice.

This is an appeal from a judgment dismissing the complaint, which sought to enjoin the enforcement of a lien for unpaid unemployment insurance contributions on the ground that the filing of the lien was barred by the statute of limitations. We affirm the judgment of the district court.

I. FACTS AND PROCEDURAL HISTORY

Michael and Christine Beale (the Beales) operated two businesses in Lewiston, Idaho, known as Chris Beale’s Day Care Center and Chuck’s Auto Sales. An employee at the car lot named Charles Borland quit, and on August 29, 1990, he filed a claim for unemployment benefits. The Department sent the Beales a notice that their account was chargeable for experience rating purposes on benefits paid to Borland, and the Beales protested that determination on the ground that Borland was not an employee.

While reviewing Borland’s claim, the Department of Employment, which has since been renamed the Department of Labor,1 (the Department) decided to conduct a formal investigation and audit of both businesses to determine whether the Beales owed employer contributions for unemployment compensation. During its investigation, the Department determined that there were several persons employed at both of the Beales’ businesses for whom the Beales had not reported earnings and paid employer contributions.

On November 19, 1990, a formal audit report was filed with the Department, and a copy was served upon the Beales. The Beales disputed the audit findings, and on January 3, 1991, the Department issued a formal status determination, which concluded that the workers, including Borland, were employees. The Beales appealed, and on October 9,1992, the appeals examiner issued his decision affirming the status determination and holding that Borland left work voluntarily with good cause connected with employment and that the Beales’ employer’s account was chargeable for experience rating purposes. The Beales appealed that decision to the Idaho Industrial Commission (the Commission), which on September 10, 1993, issued a decision and order affirming the decision of the appeals examiner. The Beales then appealed to this Court, which dismissed the appeal because the agency action was not final until the Commission determined the period and amount of liability for the unemployment contributions. The Commission remanded the matter to the Department to determine those remaining issues.

On May 4, 1995, the Department issued a revised status determination, which concluded that the Beales were liable for unemployment contributions and late penalty in the sum of $3,171.05 for the period from January 1, 1987 through June 30, 1990. The Beales appealed, and the matter was heard by an appeals examiner. On August 29, 1990, the appeals examiner issued her opinion holding that the statute of limitations limited the Beales’ liability to the period from October 1, 1987 through June 30, 1990, and that the total amount they owed was the sum of $2,367.73. The Beales appealed that decision to the Commission, which, on June 6, 1996, issued its decision and order affirming the appeals examiner. The Beales then appealed to this Court. By an opinion issued on December 24,1997, we upheld the orders of the Commission except the order determining the amount of unemployment contributions the Beales owed. We vacated that determination and remanded this matter to the Commission for recalculation of that amount. Beale v. State, Dept. of Employment, 131 Idaho 37, 951 P.2d 1264 (1997).

The Commission remanded this matter back to the Department to recalculate the amounts owed by the Beales. On November 5, 1998, the Department issued a revised [358]*358status determination finding that the Beales owed a total of $2,351.21 in unemployment insurance contributions and late penalty. The Beales did not appeal that determination. After the time for appeal had run and the Beales refused to pay the amount due, the Department filed a notice of lien with the Secretary of State on July 13,1999, pursuant to Idaho Code § 72-1360.

The Department then sought to enforce its lien by garnishing the Beales’ bank account. In response, on March 16, 2000, the Beales filed this action seeking to have the lien declared void and to enjoin the Department from further attempts to collect the sum claimed due. The Beales contended that the hen was filed after the statute of limitations had run. The Department moved for summary judgment, and, after a hearing, the district court granted the motion and dismissed the Beales’ complaint. The Beales then timely appealed to this Court.

II. ISSUES ON APPEAL

A. Did the district court err in holding that the filing of the hen by the Department of Labor was not barred by the statute of limitations?

B. Is the Department of Labor entitled to an award of attorney fees on appeal?

III. ANALYSIS

A. Did the District Court Err in Holding that the Filing of the Lien by the Department of Labor Was Not Barred by the Statute of Limitations?

In an appeal from an order of summary judgment, this Court’s standard of review is the same as the standard used by the trial court in ruling on a motion for summary judgment. Infanger v. City of Salmon, 137 Idaho 45, 44 P.3d 1100 (2002). All disputed facts are to be construed liberally in favor of the non-moving party, and all reasonable inferences that can be drawn from the record are to be drawn in favor of the non-moving party. Id. Summary judgment is appropriate if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Id. If the evidence reveals no disputed issues of material fact, then only a question of law remains, over which this Court exercises free review. Id.

When the Department determined that the Beales owed unemployment insurance contributions, it could have sought to collect such sums either by filing a lawsuit under Idaho Code § 72-1355 or by commencing administrative proceedings under Idaho Code § 72-1353.2 To collect the sums owing from the Beales, the Department chose to institute administrative proceedings. Upon the conclusion of those proceedings, it then filed a notice of lien as provided in Idaho Code § 72-1360.

The Beales contend that the lien filed by the Department was barred by Idaho Code § 5-218(1), which provides that “[a]n action upon a liability created by statute, other than a penalty or forfeiture” must be commenced within three years. That statute is included in Chapter 2 of Title 5, Idaho Code. Chapter Two only provides time limitations for the commencement of civil actions.

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Bluebook (online)
79 P.3d 715, 139 Idaho 356, 2003 Ida. LEXIS 154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beale-v-state-department-of-labor-idaho-2003.