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COA: Dealership not denied due process

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The Indiana Court of Appeals directly addressed for the first time today the due process implications of an administrative law judge conducting a hearing without the participation of a party who received notice but couldn't be contacted by telephone at the time of the hearing. The appellate court found a car dealership's due process hadn't been violated when it failed to participate in a telephone hearing with the administrative law judge and a former employee.

In Art Hill, Inc. v. Review Board of the Indiana Department of Workforce Development, and Terrence Horan, No. 93A02-0801-EX-34, Art Hill appealed the decision by the Unemployment Insurance Review Board to affirm the findings and conclusions of an administrative law judge who granted Terrence Horan's application for unemployment benefits.

Art Hill argued the review board erred in affirming the decision because it didn't participate in the hearing.

The Department of Workforce Development denied Horan's claim for unemployment benefits. After Horan filed a notice of appeal, the administrative law judge in Lafayette sent notice to Horan and Art Hill, who were in Gary, that the hearing would be held by telephone and both parties had to submit a number where they could be reached for the hearing. Art Hill called the administrative law judge's office two days before the hearing and gave a phone number with the extension 5353.

On the day of the hearing, the judge reached Horan but no one answered at the Art Hill number provided. The administrative law judge found the dealership failed to participate in the hearing and granted Horan's application. The review board affirmed the decision.

On appeal, Art Hill explained the 5353 extension didn't have a speakerphone so the dealership moved to a different number. It tried calling the administrative law judge's phone number but only got voicemail.

But the company failed to give reasonable notice that it could be reached at a different phone number and didn't leave someone at the original number who could transfer the call to the new number, wrote Judge Margret Robb. In addition, the company waited until 15 minutes after the hearing began to attempt to reach the judge.

Art Hill wasn't denied due process by not participating in the hearing, the Court of Appeals concluded. The appellate court turned to due process implications of the right to be present at a hearing in other contexts because it hadn't previously tackled the issue regarding a telephone hearing, and it saw no justification for treating the right to be present at an unemployment hearing any differently than the right to be present in any other context.

"Therefore, we hold that a party to an unemployment hearing may voluntarily waive the opportunity for a fair hearing where the party received actual notice of the hearing and failed to appear at or participate in the hearing," wrote Judge Robb.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

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