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Lawson v. Brooks
Citations: 29 Ark. App. 14; 779 S.W.2d 185; 1989 Ark. App. LEXIS 447Docket: E 88-195
Court: Court of Appeals of Arkansas; September 13, 1989; Arkansas; State Appellate Court
The appellant challenges the Board of Review's dismissal of her appeal regarding a decision from the Appeal Tribunal that disqualified her from receiving employment benefits due to misconduct. The Appeal Tribunal found that the appellant was discharged from her job on February 25, 1988, with the decision sent to her on June 15, 1988. The appellant filed her appeal to the Board of Review on October 4, 1988, which was deemed untimely as it fell outside the twenty-day limit set by Ark. Code Ann. 11-10-524(c) for appealing such decisions. The Board acknowledged her late filing and scheduled a hearing for November 15, 1988, to assess whether the delay was due to circumstances beyond her control. The appellant submitted a form expressing her desire to participate in the hearing, along with a letter asserting her reinstatement on July 11, 1988, disputing the characterization of her employment termination. On November 8, 1988, the Board dismissed the appeal, incorrectly citing a written motion from the appellant to withdraw her appeal. However, she clarified in a subsequent letter on November 21, 1988, that she did not intend to withdraw but wanted to present evidence of her disciplinary layoff. The court determined that despite the untimeliness of the appeal, due process mandates a hearing to evaluate the reasons behind the late filing. The Board's dismissal was deemed an error, leading to a reversal and remand for the required hearing to address the circumstances of the late appeal filing. Judges Mayfield and Rogers concurred with this decision.