Dev v. WFSV

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IN THE UTAH COURT OF APPEALS ----ooOoo---Nagendra Dev, Petitioner, v. Department of Workforce Services, Workforce Appeals Board, Respondent. ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20100031-CA F I L E D (September 10, 2010) 2010 UT App 250 ----Original Proceeding in this Court Attorneys: Nagendra Dev, Salt Lake City, Petitioner Pro Se Jaceson R. Maughan, Salt Lake City, for Respondent ----- Before Judges Orme, Voros, and Christiansen. PER CURIAM: Nagendra Dev asserts that the Workforce Appeals Board erred in assessing a civil penalty against him because there is no statutory authority to support such a penalty. We affirm. Dev asserts that the Department of Workforce Services (the Department) had no authority to impose a civil penalty in conjunction with a fraud overpayment because Utah Code section 35A-4-406(4), which discusses repayment of benefits fraudulently received, contains no language allowing such penalties. See Utah Code Ann. § 35A-4-406(4) (2005). Dev is correct that this section of the code contains no authorization for such penalties. However, the Department's authority to impose and collect a civil penalty in fraud overpayment cases is contained in Utah Code section 35A-4-405(5)(c). See id. § 35A-4-405(5)(c) (Supp. 2010). The subsection states in relevant part: "Each claimant found in violation of this Subsection (5) shall repay to the division the overpayment and, as a civil penalty, an amount equal to the overpayment." Id. § 35A-4-405(5)(c)(i). Therefore, the Department had the authority to impose the civil penalty. Affirmed. ______________________________ Gregory K. Orme, Judge ______________________________ J. Frederic Voros Jr., Judge ______________________________ Michele M. Christiansen, Judge 20100031-CA 2

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