Carlson v. Job Service North Dakota

12 Citing cases

  1. Steen v. N.D. Dept. of Human Services

    562 N.W.2d 83 (N.D. 1997)   Cited 9 times

    [¶ 10] In accordance with N.D.A.C. § 75-01-03-22(2), the Executive Director of DHS (the Director) rejected the hearing officer's recommendations and issued the final order upholding Steen's five year termination. When the director of an agency rejects the recommendations of the hearing officer in favor of a contrary decision, the findings, conclusions, and decision should be sufficient to explain the Director's rationale for doing so. See, e.g., Carlson v. Job Service North Dakota, 548 N.W.2d 389 (N.D. 1996); Schultz v. North Dakota Dept. of Hum. Serv., 372 N.W.2d 888 (N.D. 1985). This court's review of a decision rendered by an administrative agency does not include probing the decision maker's mental process if a hearing was given as required by law.

  2. Hjelden v. Job Service North Dakota

    1999 N.D. 150 (N.D. 1999)   Cited 5 times

    [¶ 11] Hjelden asserts even if she voluntarily quit, she had good cause attributable to her employer. In Carlson v. Job Service North Dakota, 548 N.W.2d 389, 393 (ND 1996), we described what constitutes quitting with good cause attributable to the employer under N.D.C.C. § 52-06-02(1). We explained "an employee does not have good cause to quit her job merely because she has irreconcilable differences with coworkers or is frustrated or dissatisfied with her working conditions."

  3. Willits v. Job Serv. North Dakota

    799 N.W.2d 374 (N.D. 2011)   Cited 3 times

    An employee who voluntarily quits before the employer has been given a reasonable chance to resolve identified problems is not entitled to unemployment benefits. See Esselman v. Job Serv. North Dakota, 548 N.W.2d 400, 402-404 (N.D. 1996); see also Carlson v. Job Serv. North Dakota, 548 N.W.2d 389, 394-95 (N.D. 1996). From this record, the appeals referee could reasonably find there were reasons other than Willits's licensure status that formed the basis for her decision to leave her employment. [¶ 11] We conclude a reasoning mind reasonably could have determined that Willits did not make a reasonable effort to preserve her employment and, consequently, that she voluntarily left her employment without showing good cause attributable to her employer.

  4. Schweitzer v. Job Service North Dakota

    2009 N.D. 139 (N.D. 2009)   Cited 3 times

    [¶ 18] An administrative hearing officer has broad discretion to control the admission of evidence, and we review an officer's evidentiary ruling for an abuse of discretion. May v. Sprynczynatyk, 2005 ND 76, ¶ 24, 695 N.W.2d 196. "A person is denied due process or a fair hearing when the defects in the hearing process might lead to a denial of justice." Carlson v. Job Serv. North Dakota, 548 N.W.2d 389, 395 (N.D. 1996). In adjudicative proceedings before an administrative agency, all parties shall have "the opportunity to respond, present evidence and argument, conduct cross-examination, and submit rebuttal evidence."

  5. Gullickson v. Kline

    2004 N.D. 76 (N.D. 2004)   Cited 29 times
    Reversing a district court order when the overall tenor and tone of the hearing denied a party the opportunity to present evidence and challenge allegations, resulting in a denial of due process

    We have held that "[a] person is denied due process or a fair hearing when the defects in the hearing process might lead to a denial of justice." Stutsman County v. Westereng, 2001 ND 114, ¶ 8, 628 N.W.2d 305; Hoffman v. North Dakota Workers Compensation Bureau, 1999 ND 66, ¶ 12, 592 N.W.2d 533; Carlson v. Job Service North Dakota, 548 N.W.2d 389, 395 (N.D. 1996). The overall tenor and tone of the hearing indicates that Kline was denied a meaningful and reasonable opportunity to present his evidence and challenge Gullickson's allegations, resulting in a denial of justice. Under these circumstances, we conclude Kline was denied the full and fair hearing mandated by N.D.C.C. § 12.1-31.2-01 and due process.

  6. Powers v. North Dakota Job Service

    598 N.W.2d 817 (N.D. 1999)   Cited 2 times

    [¶ 4] We review the decision of Job Service, not the decision of the district court when reviewing a denial of unemployment compensation benefits. Carlson v. Job Service, 548 N.W.2d 389, 392 (N.D. 1996). The standard of review governing an appeal from an administrative agency decision is set forth in section 28-32-19, N.D.C.C., of the Administrative Agencies Practice Act.

  7. Morrell v. Dept. of Trans

    1999 N.D. 140 (N.D. 1999)   Cited 17 times
    Stating a party claiming constitutionally defective notice in administrative proceeding may not be entitled to redress unless party shows prejudice

    [¶ 11] A determination the administrative hearing notice was constitutionally deficient does not end our inquiry. Generally, there is no right to redress if a party cannot show prejudice resulting from an allegedly defective notice. Wahl v. Morton County Social Services, 1998 ND 48, ¶ 8, 574 N.W.2d 859; see also Carlson v. Job Service North Dakota, 548 N.W.2d 389, 395 (N.D. 1996) (stating a person is denied due process or a fair hearing when the defects in the hearing process might lead to a denial of justice). [¶ 12] The Department contends that, even if the notice was inadequate, Morrell has failed to demonstrate any harm suffered as a result of the deficient notice.

  8. Hoffman v. N.D. Workers Compensation

    1999 N.D. 66 (N.D. 1999)   Cited 10 times
    In Hoffman, at ¶¶ 15-21, a majority of this Court held, as a matter of law, the injured worker, a Jamestown resident, had good cause not to attend a rehabilitation training program in Minot when the Bureau wrongfully denied him a second domicile allowance.

    [¶ 12] A person is denied due process or a fair hearing when the defects in the hearing process might lead to a denial of justice. See, e.g., Carlson v. Job Service North Dakota, 548 N.W.2d 389, 395 (N.D. 1996). The fundamental requirements of due process are notice of the contemplated action and an opportunity to be heard. Beckler v. North Dakota Workers Compensation Bureau, 418 N.W.2d 770, 773 (N.D. 1988) (citations omitted).

  9. Johnson v. Job Service North Dakota

    590 N.W.2d 877 (N.D. 1999)   Cited 9 times
    Stating the “nature of the employment is a consideration when deciding whether an employee's conduct constitutes misconduct”

    When rejecting a hearing officer's decision, an agency's findings of fact, conclusions of law, and the ultimate decision must be sufficient to explain the agency's rationale. See, e.g., Carlson v. Job Service North Dakota, 548 N.W.2d 389, 392 (N.D. 1996) (quoting Schultz, 372 N.W.2d at 892). Job Services's findings, conclusions, and decision contain numerous references to the record and the transcript of the hearing.

  10. Blanchard v. N. Dak. Workers Comp. Bureau

    1997 N.D. 118 (N.D. 1997)   Cited 19 times
    Providing "[w]hen read as a whole, the statutory scheme for decisions by an ALJ manifests a legislative intent that an ALJ's decision is a final order when the Legislature has authorized the ALJ to issue a final order, or when the requesting agency has authorized the ALJ to issue a final order"

    In Schultz v. North Dakota Dept. of Human Serv., 372 N.W.2d 888, 892 (N.D. 1985), we ruled, if an administrative agency rejects a hearing officer's recommendation, the agency should sufficiently explain its rationale for not following the recommendation. See also Maginn v. North Dakota Workers Comp. Bur., 550 N.W.2d 412, 414 n. 1 (N.D. 1996) ("sufficient to explain"); Carlson v. Job Serv. North Dakota, 548 N.W.2d 389, 393 (N.D. 1996) ("after careful review and consideration of the record"); Kackman v. North Dakota Workers' Comp. Bur., 488 N.W.2d 623, 625 (N.D. 1992) ("must adequately explain its rationale"); Marion v. Job Serv. North Dakota, 470 N.W.2d 609, 613 (N.D. 1991) ("should be sufficient to explain the rationale"). In Schultz, 372 N.W.2d at 892, we also said an agency may even reject a hearing officer's recommendation on findings of the credibility of contradictory witnesses.