Ziegler v. Dir. Dep't of Workforce Servs (Majority)
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Cite as 2012 Ark. App. 703 ARKANSAS COURT OF APPEALS DIVISION III No. E12-208 Opinion Delivered December TIFFANY ZIEGLER 12, 2012 APPELLANT APPEAL FROM THE ARKANSAS BOARD OF REVIEW [2012-BR-02906 EUC; NO. 2012-BR00367 EUC] V. DIRECTOR, DEPARTMENT OF WORKFORCE SERVICES APPELLEE AFFIRMED RAYMOND R. ABRAMSON, Judge Tiffany Ziegler appealed from a decision of the Arkansas Board of Review (Board) finding her liable for the repayment of unemployment benefits she received but to which she was later determined not to be entitled. We remanded the matter to the Board for a Paulino1 hearing and additional findings because it was not clear from the record before us at that time that Ms. Ziegler had ever been afforded one, despite her apparent request for one at the hearing on overpayment. See Ziegler v. Director, 2012 Ark. App. 595. The Board, upon remand, issued a decision clarifying the record and providing documentation not included in the initial record on appeal. Based on this additional information, it is clear that Ms. Ziegler was afforded a Paulino hearing, but failed to attend. She was subsequently allowed to reopen the issue and also appeal the Appeal Tribunal s 1 Paulino v. Daniels, 269 Ark. 676, 599 S.W.2d 760 (Ark. App. 1980). Cite as 2012 Ark. App. 703 decision. Given this procedural history, we are satisfied that a Paulino hearing was, in fact, conducted. As to the merits of Ms. Ziegler s claims on the issue of overpayment, we find no error and issue this memorandum opinion affirming the Board s decision. See In re Memorandum Opinions, 16 Ark. App. 301, 700 S.W.2d 63 (1985). Affirmed. HOOFMAN and BROWN, JJ., agree. Tiffany Ziegler, pro se appellant. Phyllis Edwards, Associate General Counsel, for appellee. -2-
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