[¶ 1] Kenneth L. Risovi appeals from the district court’s amended judgment affirming the decision of Job Service North Dakota (“Job Service”) disqualifying him from benefits from November 4, 2012, until October 26, 2013, on the grounds he had misrepresented facts in order to obtain benefits. We affirm.
I
[¶ 2] On November 5, 2012, a Job Service claims deputy issued an initial determination that Risovi misrepresented facts in order to obtain unemployment benefits, which he was not eligible to receive. Job Service disqualified Risovi from receiving unemployment benefits from November 4, 2012, to October 26, 2013. Risovi appealed the initial determination. On January 8, 2013, an appeals referee conducted a hearing to determine “the circumstances ... surrounding th[e] [determination, any wages reported or unreported, but more importantly if [Risovi] should have actually been disqualified from benefits for that one-year period of time.”
[¶ 3] According to the testimony and exhibits offered at the January 8, 2013, administrative hearing, Risovi worked 351.5 hours in January 2012 for Milo Trucking. Risovi explained Milo Trucking offered him “40 percent of what the truck made which at that time was anywhere’s [sic] from $125 to $145 an hour, but ... [Milo Trucking] couldn’t pay [him] until the truck got paid which would have been a month and one-half later.” Risovi asserted he could not go one and one-half months without pay so there was an oral agreement with Milo Trucking that he would be paid $260 per week for the month
[¶ 4] Also considered by the appeals referee in Exhibit 4 were working notes that supported the investigation into the alleged fraud. The notes reflect that Riso-vi had indicated to the case manager that if he was not sent a payment he was going to lie and certify while he was working to receive payment. According to these notes, Risovi had indicated that he was going to start claiming weeks just to get his money.
[¶ 5] The appeals referee concluded the greater weight of the evidence in the record supported the finding that Risovi misrepresented his earnings for the entire month of January 2012. Specifically, the appeals referee found:
[Risovi] did not report that he worked or reported earnings for the sole purpose of obtaining unemployment insurance benefits to which he was not entitled. ... [Risovi] did not fail to report the proper earnings due to a lack of knowledge. On the contrary, he was fully aware of the reporting requirements. His failure to report the earnings was an intentional act to receive benefits to which he was not entitled to receive in order to meet his financial obligations.
The appeals referee concluded Risovi “misrepresented earnings and, therefore, should be disqualified from receiving future benefits for the period of time so stated in the nonmonetary determination.” The appeals referee affirmed the claims deputy’s initial determination. Risovi appealed to Job Service. Job Service denied the appeal on the grounds an appeal to Job Service is a matter of right only if the appeals referee’s decision does not affirm the initial determination. Risovi petitioned for judicial review. On June 21, 2013, the district court affirmed the appeals referee’s decision concluding it was reasonable to conclude that Risovi acted with fraudulent intent rather than due to a mistake or misunderstanding of the law or facts. This appeal followed.
[¶ 6] On appeal, Risovi argues he did not commit fraud in obtaining unemployment benefits while reporting his wages as
II
[¶ 7] “In an appeal from a district court’s review of an administrative agency decision, we review the agency’s decision, not the district court’s decision.”
Gottus v. Job Service N.D.,
1. The order is not in accordance with the law.
2. The order is in violation of the constitutional rights of the appellant.
3. The provisions of this chapter have not been complied within in the proceedings before the agency.
4. The rules or procedure of the agency have not afforded the appellant a fair hearing.
5. The findings of fact made by the agency are not supported by a preponderance of the evidence.
6. The conclusions of law and order of the agency are not supported by its findings of fact.
7. The findings of fact made by the agency do not sufficiently address the evidence presented to the agency by the appellant.
8. The conclusions of law and order of the agency do not sufficiently explain the agency’s rationale for not adopting any contrary recommendations by a hearing officer or an administrative law judge.
N.D.C.C. § 28-32-46;
Gottus,
at ¶ 7. This Court “do[es] not make independent findings of fact or substitute [its] judgment for that of the agency’s.”
Willits v. Job Service N.D.,
1. False Statements For the Purpose of Obtaining Benefits
[¶ 8] An individual is disqualified for benefits under N.D.C.C. § 52-06-02(8) for the week in which the individual has filed an otherwise valid claim for benefits. The individual is also disqualified:
a. For one year from the date on which a determination is made that such individual has made a false statement for the purposes of obtaining benefits to which the individual was not lawfully entitled. Provided, however, that this disqualification does not apply to cases in which it appears to the satisfaction of job service North Dakota that the false statement was made by reason of a mistake or misunderstanding of law or of facts without fraudulent intent.
N.D.C.C. § 52 — 06—02(8)(a). Neither Riso-vi or Job Service offered any case law interpreting N.D.C.C. § 52-06-02(8)(a).
[¶ 9] The appeals referee correctly reasoned “[t]he law provides that a -person who knowingly makes a false statement or fails to report a material fact in an attempt to collect benefits to which they are not eligible to receive, will be disqualified from receiving unemployment insurance benefits.” The appeals referee explained the greater weight of the evidence in the record supported the conclusion that Risovi misrepresented his earnings for the entire month of January 2012. The record included Risovi’s testimony, fraud investigation notes, and documents submitted to Job Service by both Risovi and Milo Trucking. The appeals referee found Ri-sovi failed to report his earnings for the sole purpose of obtaining unemployment benefits to which he was not entitled and his failure to report his earnings was not due to a lack of knowledge. The appeals referee found the evidence supported the conclusion that Risovi intentionally failed to report his earnings to receive benefits he was not entitled to receive in order to meet his financial obligations.
[¶ 10] Risovi claims the facts do not support a finding that he willfully or intentionally made a false statement to defraud Job Service. The record reflects Risovi made false statements regarding the number of hours he worked and his rate of pay. Risovi’s sole stated purpose for requesting $260 per week was so that he could continue to receive unemployment benefits for the four weeks of January 2012, despite knowing he would be paid based upon a commission, 40 percent of the income that the truck made, in the future. Risovi testified that he did provide an artificial figure for his hourly rate and hours so that his income would reflect $260 per week, which would allow him to continue receiving unemployment benefits. Based on the record, Risovi’s testimony and exhibits offered at the January 8, 2013, administrative hearing, the findings are supported by a preponderance of the evidence. Also, a reasoning mind reasonably could determine that Risovi made a false statement for the purpose of obtaining benefits to which he was not lawfully entitled and that a reasoning mind could also reasonably' conclude that the false statement was not made by reason of a mistake or misunderstanding of law or facts without fraudulent intent.
2. Proof of Service
[¶ 11] Risovi argues the certificate of service for Job Service’s response brief electronically filed in the district court misidentified the employer, the employee claiming benefits, the case number, and the county of venue and, therefore, Job Service had defaulted. Risovi does not contest being served a copy of Job Ser
[¶ 12] This issue was not raised before the district court. “This Court has repeatedly and consistently held that issues or contentions not raised or considered in the district court cannot be raised for the first time on appeal from a judgment or order, and this Court will not address issues raised for the first time on appeal.”
Beeter v. Sawyer Disposal LLC,
Ill
[¶ 13] The district court’s amended judgment affirming Job Service’s decision to disqualify him from benefits from November 4, 2012, to October 26, 2013, is affirmed.