Submitted: January 7, 2015
Upon Consideration of Appellant's Appeal from the Unemployment Insurance Appeal Board.
John Cheeks, Pro se.
Paige J. Schmittinger, Esquire, Deputy Attorney General, Department of Justice, Wilmington, Delaware for The Unemployment Insurance Appeals Board.
Robert B. Young, Judge
This is an appeal from a decision of the Unemployment Insurance Appeal Board ("the Board") holding that John Cheek's ("Appellant") appeal from a determination by the Department of Labor ("Department") was untimely. Given the indisputable facts set forth in the record, this Court finds that the decision of the Board was proper. Appellant's appeal was filed at least six months past the deadline set out by the Department, and he has not provided a sufficient justification for the delay. Moreover, the Board's decision is founded both in the appropriate statute governing timely appeals and the substantial evidence in the record. There is further no evidence of an abuse of discretion on the part of the Board. Thus, the decision of the Board is AFFIRMED.
FACTS AND PROCEDURAL POSTURE
On August 7, 2013, the Department issued a decision finding that Appellant had wrongfully accepted Unemployment Insurance benefits, during the time period of March 19, 2011 to April 9, 2011. Pursuant to 19 Del. C. § 3325, the Department held that Appellant was to repay the amounts received. Appellant was given until August 17, 2013, to appeal the determination; otherwise, pursuant to 19 Del. C. § 3318, the decision would become final.
Although there is some confusion about the precise date, Appellant did not file an appeal of the Department's ruling until at least March or perhaps April of 2014.According to Appellant, at the time the determination was sent to him, he was homeless and no longer at the address to which the Department's decision was sent. Appellant was mailed a further determination on April 9, 2014, indicating that the appeal was untimely. On April 28, 2014, a hearing was held before an Appeals Referee on the untimeliness issue. The Appeals Referee held that Appellant had, pursuant to 19 Del. C. § 3318, failed to file an appeal within 10 days. As such, the determination of the Department was final.
Appellant timely appealed the ruling of the Appeals Referee on May 14, 2014. The Board remanded the case for a further evidentiary hearing. The Appeals Referee, again, determined that Appellant's filing was untimely. On appeal, the Board affirmed the Appeals Referee.
STANDARD OF REVIEW
For administrative board appeals, this Court is limited to reviewing whether the Board 's decision is supported by substantial evidence and free from legal errors.Substantial evidence is that which "a reasonable mind might accept as adequate to support a conclusion." It is "more than a scintilla, but less than preponderance of the evidence." An abuse of discretion will be found if the board "acts arbitrarily or capaciously...exceeds the bounds of reason in view of the circumstances and has ignored recognized rules of law or practice so as to produce injustice." Where an agency has interpreted and applied a statute, the court's ...