TULLO v. ADES

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NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24 IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE JO-ANN D. TULLO, ) ) ) ) ) ) ) ) ) ) ) Appellant, v. ARIZONA DEPARTMENT OF ECONOMIC SECURITY, an Agency, Appellee. Court of Appeals Division One No. 1 CA-UB 12-0222 DIVISION ONE FILED: 08/09/2012 RUTH A. WILLINGHAM, CLERK BY: sls A.D.E.S. Appeals Board No. U-1305426-BR DEPARTMENT E DECISION ORDER In an order dated July 5, 2012, this Court granted the application for appeal of claimant overpayment case, U-1305426-BR. Jo-Ann Tullo in this The order stayed the appeal and ordered the Arizona Department of Economic Security ( ADES ) to file a memorandum showing why the overpayment decision appealed from was not moot. On August 1, 2012, ADES filed a memorandum acknowledging that the July 16, 2012 corrected decision of the Appeal Tribunal in U-1318575 ( Corrected Decision ) eliminated in its entirety the overpayment at issue in the current appeal. ADES asks that we remand the matter to the Appeals Board for a hearing on the merits of Tullo s request for review, in light of the Corrected Decision. Upon consideration by the Court, Presiding Judge 1 CA-UB 12-0222 A.D.E.S. Appeals Board U-1305426-BR Maurice Portley and Judges Philip Hall and Diane M. Johnsen, participating, IT IS ORDERED vacating the Appeals Board s Decision Upon Review of March 20, 2012. July 5, 2012, Tullo s As stated in this Court s order of request for review in this case, U- 1305426-BR, should be considered timely. IT IS FURTHER ORDERED remanding the matter to the Appeals Board for consideration of Tullo s request for review on its merits. light The Board shall consider Tullo s request for review in of the effectively Corrected eliminates Decision, the entire which, as overpayment ADES of states, $3,666 in benefits because it reversed the Determination of Deputy that was the exclusive basis for the Determinations of Overpayment. /s/ DIANE M. JOHNSEN, Judge 2

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