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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. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  2. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  3. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  4. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  5. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

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