Brown Jr. v. DWS

Brown Jr. v. DWS

IN THE UTAH COURT OF APPEALS

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Roy A. Brown Jr.,

Petitioner,

v.

Workforce Appeals Board, Department of Workforce Services,

Respondent.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030512-CA
 

F I L E D
(December 26, 2003)
 

2003 UT App 446

 

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Original Proceeding in this Court

Attorneys: Roy A. Brown Jr., Salt Lake City, Petitioner Pro Se

Tani Pack Downing, Salt Lake City, for Respondent

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Before Judges Jackson, Greenwood, and Thorne.

PER CURIAM:

Petitioner Roy Brown seeks judicial review of a decision of the Workforce Appeals Board determining that an overpayment of benefits occurred as a result of fraud.

Brown claims his misrepresentations were careless but inadvertent. "When reviewing the factual findings made by an administrative agency, an appellate court will generally reverse only if the findings are not supported by substantial evidence." Whitear v. Labor Comm'n, 973 P.2d 982, 984 (Utah Ct. App. 1998); see also Drake v. Industrial Comm'n, 939 P.2d 177, 181 (Utah 1997); Midvag v. Department of Emp. Sec., 735 P.2d 386 (Utah Ct. App. 1987). We defer to the agency because "it stands in a superior position from which to evaluate and weigh the evidence and assess the credibility and accuracy of witnesses' recollections." Harken v. Board of Oil, Gas, & Mining, 920 P.2d 1176, 1180 (Utah 1996).

Brown has not demonstrated that the factual findings of the agency were not supported by the evidence.

"An agency's application of law to its findings of fact will not be disturbed unless its determination 'exceeds the bounds of reasonableness and rationality.'" Johnson v. Department of Emp. Sec., 782 P.2d 965, 968 (Utah Ct. App. 1989) (citation omitted). The determination of fraud, based on the factual findings did not exceed the bounds of reason and was rational.

We affirm the decision of the Workforce Appeals Board and dismiss the petition for judicial review.

______________________________

Norman H. Jackson,

Presiding Judge

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Pamela T. Greenwood, Judge

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William A. Thorne Jr., Judge