Stutsman County v. Westereng

2001 ND 114, 628 N.W.2d 305, 2001 WL 631359
CourtNorth Dakota Supreme Court
DecidedJune 8, 2001
Docket20000308
StatusPublished
Cited by7 cases

This text of 2001 ND 114 (Stutsman County v. Westereng) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stutsman County v. Westereng, 2001 ND 114, 628 N.W.2d 305, 2001 WL 631359 (N.D. 2001).

Opinion

628 N.W.2d 305 (2001)
2001 ND 114

STUTSMAN COUNTY, Petitioner and Appellee,
v.
Tina WESTERENG, Respondent, and
Job Service North Dakota, Respondent and Appellant.

No. 20000308.

Supreme Court of North Dakota.

June 8, 2001.

*307 Deborah J. Carpenter, Carpenter Law Offices, Bismarck, ND, for petitioner and appellee.

Douglas A. Bahr, Solicitor General, Attorney General's Office, Bismarck, ND, for respondent and appellant.

VANDE WALLE, Chief Justice.

[¶ 1] Job Service North Dakota ("Job Service") appealed the district court's remand of Job Service's decision on review which held Stutsman County's account was chargeable for its proportionate share of benefits paid to Tina Westereng, a former employee. The district court held the procedures used by Job Service did not afford Stutsman County a fair hearing to challenge the facts used by Job Service in making its decision and the decision was based on facts which were not made part of the record. We affirm the district court's remand of Job Service's decision on review.

I

[¶ 2] Tina Westereng was employed as a correctional center officer with Stutsman County from April 1, 1998, to April 8, 1999. Westereng voluntarily resigned her position with Stutsman County.

[¶ 3] On October 20, 1999, Job Service issued Stutsman County a Notice of Claim for Job Insurance Benefits. The notice informed Stutsman County Westereng had filed a claim for job insurance benefits and the maximum potential charge to Stutsman County's account for the claim was $3,294.32. Stutsman County protested Job Service's notice.

[¶ 4] A hearing was held on the issue of whether Stutsman County's account was chargeable for Westereng's benefits. The only person to testify at the hearing was the auditor of Stutsman County. In addition to information on the circumstances of Westereng's resignation from Stutsman County, the auditor testified he had heard Westereng worked for a golf course following her departure from Stutsman County; however, he did not know the circumstances of her departure from the golf course employment or if she had worked the entire season. There was no further information presented concerning Westereng's employment after leaving Stutsman County.

[¶ 5] The appeals referee affirmed Job Service's determination Stutsman County was chargeable for Westereng's benefits. The appeals referee concluded Stutsman County was a reimbursing employer; therefore, it was required to pay benefits despite the fact Westereng left the employ of Stutsman County voluntarily. On that basis and on the basis of information in Westereng's record that she had satisfied the re-qualification provisions by earning wages in subsequent employment, the appeals referee concluded Westereng was "eligible to receive job insurance benefits provided she is unemployed through no fault of her own." Without disclosing the wage information for determining the proportionate share or the circumstances of Westereng's departure from the golf course, the appeals referee concluded a proportionate share of the job insurance benefits paid to Westereng was chargeable to Stutsman County.

[¶ 6] Stutsman County appealed the referee's decision to Job Service, raising the issues of whether Westereng was eligible for benefits and whether Stutsman County was charged its proportionate share. Job Service affirmed the appeals referee's decision. Job Service did not disclose the information that served as the basis for determining the proportionate share stating "the amount charged is correct" because Stutsman County paid *308 69.618 percent of Westereng's base-period wages and $3,294.32 was 69.618 percent of Westereng's benefit amount. The information that was the basis for the 69.618 percent or the total benefit amount was not disclosed. Job Service stated Westereng's "separation from that employment was not disqualifying" and she had earnings in excess of eight or ten times her weekly benefit amount. Job Service also stated the exceptions to chargeability for voluntary leaving and misconduct in N.D.C.C. § 52-04-07(2) did not apply to reimbursable employers such as Stutsman County, because of N.D.C.C. § 52-04-07(3).

[¶ 7] Stutsman County appealed Job Service's decision on review to the district court. The district court found the record Job Service used to decide the appeal did not contain information on Westereng's employment after she left the employ of Stutsman County, the wages she earned, and the circumstances of her departure. Without that information, the district court determined Stutsman County was unable to properly challenge the award of benefits and was not afforded a fair hearing. The district court remanded to the agency to gather and obtain the facts at a hearing to allow inquiry by Stutsman County into those areas necessary for the proper presentation of claims and defenses, including presentation of testimony by Westereng.

II

[¶ 8] On appeal, we review the decision of Job Service. Powers v. North Dakota Job Service, 1999 ND 162, ¶ 4, 598 N.W.2d 817. Scope and procedure on appeal from an administrative agency decision is set forth in N.D.C.C. § 28-32-19 of the Administrative Agencies Practice Act.

A judge of the district court must review an appeal from the determination of an administrative agency based only on the record filed with the court. After a hearing, the filing of briefs, or other disposition of the matter as the judge may reasonably require, the court must affirm the order of the agency unless it shall find that any of the following are present:
1. The order is not in accordance with the law.

2. The order is in violation of the constitutional rights of the appellant.

3. Provisions of this chapter have not been complied with in the proceedings before the agency.

4. The rules or procedure of the agency have not afforded the appellant a fair hearing.

5. The findings of fact made by the agency are not supported by a preponderance of the evidence.

6. The conclusions of law and order of the agency are not supported by its findings of fact.

Under N.D.C.C. § 28-32-19, we affirm the agency decision unless one of the six enumerated reasons exists for overturning it. Esselman v. Job Service North Dakota, 548 N.W.2d 400, 402 (N.D.1996). We do not make independent findings of fact or substitute our judgment for that of the agency, but decide only whether a reasoning mind could have reasonably decided the agency's factual conclusions were proved by the weight of the evidence. Stalcup v. Job Service North Dakota, 1999 ND 67, ¶ 6, 592 N.W.2d 549. The interpretation of a statute, however, is a question of law which is fully reviewable. Lawrence v. North Dakota Workers Comp. Bureau, 2000 ND 60, ¶ 11, 608 N.W.2d 254. A person is denied due process or a fair hearing when the defects in the hearing process might lead to a denial of justice. Hoffman v. North Dakota Workers Comp. Bureau, 1999 ND 66, ¶ 12, 592 N.W.2d 533.

*309 III

[¶ 9] Job Service asserts Stutsman County, as a base-period employer of Westereng, is chargeable once Job Service has established Westereng is eligible for benefits and benefits are paid. Base-period employers are employers who have paid an individual in the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year. N.D.C.C. § 52-01-01(3), (4). Stutsman County is a base-period employer of Westereng.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Gustafson v. Poitra
2008 ND 159 (North Dakota Supreme Court, 2008)
Interest of J.S.
2004 ND 159 (North Dakota Supreme Court, 2004)
Grand Forks County v. Tollefson
2004 ND 161 (North Dakota Supreme Court, 2004)
State v. Provost
2004 ND 68 (North Dakota Supreme Court, 2004)
Gullickson v. Kline
2004 ND 76 (North Dakota Supreme Court, 2004)
State v. Ehli
2003 ND 133 (North Dakota Supreme Court, 2003)
Demming v. Demming
2001 ND 108 (North Dakota Supreme Court, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
2001 ND 114, 628 N.W.2d 305, 2001 WL 631359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stutsman-county-v-westereng-nd-2001.