Minnesota State Law Library
Shown here are the statements of the issues presented for review by the appellate courts in the briefs filed for this case. The entire brief set can be found at the State Law Library and other libraries around the state. See Minnesota Appellate Court Briefs Collection for more information.
CASE NAME: Larry D. Rowe, Relator, vs. Department of Employment and Economic Development, Respondent.
Read the opinion in this case at A04-2200
CITATION: 704 N.W.2d 191 (Minn.App. 2005)
Legal Issues in RELATOR'S BRIEF AND APPENDIX:
Mr. Rowe had thirty calendar days after August 18, 2004 to appeal. Was Mr. Rowe's September 3, 2004 appeal of the August 18, 2004 Amended Notice of Findings of Fact and Decision timely? The Senior Unemployment Review Judge held that Mr. Rowe's appeal was untimely and dismissed the case. In a decision issued on June 11, 2004, the Unemployment Law Judge found that Mr. Rowe was ineligible for unemployment benefits effective May 4, 2004, meaning no overpayment. After thirty calendar days the June 11 decision became final. Did the Department exceed their jurisdiction with the Amended Decision of August 18, 2004? When the Departrnent learned that it had made an error, it sought Findings and Decision after the appeal period ended. Most Apposite Cases: Stottler v. Meyers Printing Co., 602 N.W.2d 916, 918 (Minn. Ct. App. 1999); Nieszner v. Minn. Dept. of Jobs & Training, 499 N.W.2d 832, 838 (Minn. Ct. App.1993); Pfalzgraff v. Comm'r of Econ. Sec., 350 N.W.2d 458, 460 (Ct. App. 1984); Lolling v. Midwest Patrol, 533 N.W.632, 634 (Minn. Ct. App. 1995); Johnson v. Metropolitan Medical Center, 395 N.W.2d 380 (Minn. Ct. App.1986); Cole v. Holiday Inns, Inc., 347 N.W.2d 72 (Minn. Ct. App.1984); Hart-Wilke v. Aetna Life Ins., 550 N.W.2d 310 (Minn. Ct. App. 1996). Statutes: Minn. Stat. § 14.63 (2004); Minn. Stat. § 268.101 (2004); Minn. Stat. § 268.105 (2004); Minn. Stat. § 268.105, subd. 3(b) (1998); Minn. Stat. § 268.18, subd. 1(b) (2004).
Legal Issues in RESPONDENT-DEPARTMENT'S BRIEF AND APPENDIX:
Decisions of unemployment law judges become final if not appealed within 30 days of mailing. Did the senior unemplotment review judge have jurisdiction to consider Larry D. Rowe's appeal, filed 84 days after the unemployment law judge's opinion was mailed?
Legal Issues in RELATOR'S REPLY BRIEF:
This Court should remand this matter for a decision on the merits. There does not appear to be legal authority for the department to correct substantive errors in decisions after those decisions have become final.