390 Mass. 767 | Mass. | 1984
Pursuant to G. L. c. 151A, § 42, James R. Dowd appeals from the decision of a judge of a District Court affirming the decision of the board of review of the Division of Employment Security (DES), which had upheld the determination of the review examiner. We reverse the judgment of the District Court and remand the case to DES for further proceedings consistent with this opinion.
On July 31, 1981, a claims director in the Quincy employment security office handed Dowd a notice of disqualifica
Dowd argues that neither the review examiner nor the board of review made findings of fact with regard to what Dowd considers the material issue — what happened at the Shenandoah office on August 4, 1981. Dowd claims that at that time he was informed that he could not appeal until his records arrived from Massachusetts. He maintains that again, on August 13, he was told that he would have to wait for his records to arrive from Massachusetts before he could file his appeal. We conclude that the procedure followed in this case was defective.
The Interstate Benefit Payment Plan is a program which allows a worker who has lost his job in one State (the liable State) to collect unemployment compensation even though he currently resides in another State (the agent State). 26 U.S.C. § 3304(a)(9)(A) (1976). Both Massachusetts and Pennsylvania participate in this program. G. L. c. 151A, § 66. Pa. Stat. Ann. tit. 43, § 792 (Purdon 1964 & Supp. 1982).
The procedure by which Massachusetts handles the mechanical task of the determination of interstate claims is described in 430 Code Mass. Regs. § 4.05 (1981) as follows: “(a) The agent State shall, in connection with each claim filed by an interstate claimant, ascertain and report to the liable State in question such facts relating to the claimant’s availability for work and eligibility for benefits as are readily determinable in and by the agent State, (b) The agent State’s responsibility and authority in connection with the determination of interstate claims shall be limited to investigation and reporting of relevant facts.”
The procedure adopted by the DES, while reserving to itself the actual decisionmaking, delegates the fact-finding to the agent State. In this case, the significant factual issue was what was said by and to Dowd when he went to the employment security office in Shenandoah. In order to resolve this issue, the credibility of the witnesses must be assessed by the fact finder.
The resolution of conflicts in testimony is one aspect of the fact-finding process in an administrative proceeding.
The decision in Dowd’s case turns very much on credibility. The dispute is about what happened at the Shenandoah unemployment office on August 4, 1981: what, exactly, Dowd asked for and what, exactly, he was told. Dowd claims he was told he would have to wait to file his appeal until his records arrived from Massachusetts. A representative of the Shenandoah office testified at the hearing that it is standard operating procedure to take an interstate claim
The judgment of the District Court is reversed and the case is to be remanded to the Division of Employment Security for further proceedings consistent with this opinion.
So ordered.
The reasons for this disqualification, and whether the disqualification was proper under G. L. c. 151A, are not relevant to this appeal.
General Laws c. 151A, § 39 (b), as appearing in St. 1976, c. 473, § 13, reads in pertinent part: “Any interested party notified of a determination may request a hearing within ten days after delivery in hand by the director’s authorized representative, or mailing of said notice, unless it is determined in accordance with procedures prescribed by the director that the party had good cause for failing to request a hearing within such time. In no event shall good cause be considered if the party fails to request a hearing within thirty days after such delivery . . . .”
Dowd’s request for hearing was filed more than ten days but less than thirty days after he received notice of disqualification, pursuant to G. L. c. 151A, § 25 (e) (2). This notice contained printed information concerning the right of appeal, including the ten and thirty-day time limitations.
Other types of administrative proceedings do not require this type of judgment. Frequently cases are presented by oral argument on the basis
See, e.g., Thomas v. Unemployment Compensation Bd. of Review, 48 Pa. Commw. 630, 632 (1980) (“conflicts in testimony are properly resolved by the referee and the Board”); Schlicker v. Blake & Sons, 55 A.D. 2d 789, 790 (N.Y. 1976) (“the resolution of the conflict [in the evidence] and the credibility of witnesses is in the sole province of the board”).
See, e.g., Jacobs v. District Unemployment Compensation Bd., 382 A.2d 282, 289 (D.C. 1978) (“because petitioner’s credibility is so essential to the determination ... it is critical that the person who actually examines the claimant on behalf of the Board either make proposed findings . . . or supply sufficient evidentiary detail, including consideration of the claimant’s and other witnesses’ demeanors, for the Board to make such findings”); Hill v. District Unemployment Compensation Bd., 302 A.2d 226 (D.C. 1973) (decision of appeals examiner based on claim forms that claimant had failed to search diligently for work could not stand when there was conflicting testimony at the hearing and when the hearing referee in charge made no report or comment on the inconsistency in the evidence) .