from the Review Board of the Indiana Department of Workforce
Development Steven F. Bier, Chairperson Lawrence A. Dailey,
Member Cause No. 19-R-0098
ATTORNEY FOR APPELLANT Joshua T. Rose Abell Rose LLC
ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General
of Indiana Benjamin M. L. Jones Deputy Attorney General
Fidelity Automotive Group, Inc., ("Fidelity")
appeals a decision by the Review Board of the Indiana
Department of Workforce Development (the "Board")
which affirmed J.R.'s claim for unemployment benefits.
Fidelity raises one issue which we revise and restate as
whether it was denied a reasonable opportunity for a fair
hearing. We affirm.
and Procedural History
J.R. began her employment with Fidelity on January 2, 2018,
and her employment was terminated effective November 9, 2018.
She filed a claim for unemployment benefits, and a claims
investigator for the Department of Workforce Development
("DWD") issued a determination that J.R. was
discharged for just cause and that her benefits would be
reduced and suspended accordingly. J.R. appealed.
A Notice of Telephone Hearing indicates that it was mailed to
Fidelity and J.R. on January 9, 2019. The notice states that
a hearing by telephone was scheduled before an administrative
law judge ("the ALJ") for January 22, 2019, at 1:00
p.m. It states "you will receive a call from the Judge
at the number you provide by telephone or on the
Acknowledgement Sheet." Exhibits at 8. Under the heading
"IMPORTANT INFORMATION ABOUT THIS PROCESS" on the
first page, the notice states:
1) To participate in this hearing, you MUST deliver the
enclosed Acknowledgement Sheet to the Appeals office by mail,
fax, or in person OR provide your telephone number by calling
the number below.
2) Provide only ONE telephone number on the Acknowledgement
Sheet or by telephone. At the scheduled date and time of your
hearing the Judge will call YOU at THIS telephone number.
3) If you have documents you want the Judge to consider you
MUST deliver them by mail, fax, or in person to the Appeals
office AND the other party. The documents must be received at
least 24 hours BEFORE the date of the scheduled hearing.
* * * * *
5) Other IMPORTANT INFORMATION is provided in the enclosed
U.I. APPEALS HEARING INSTRUCTIONS sheet.
6) If you have any questions, or would like to provide your
telephone number for the hearing, contact the Appeals office